How Can I Apply for Benefits I Did Not Have Before My Arrest?
Disability Benefits
SSI and SSDI
Social Security has a pre-release procedure you can use to apply
for SSI benefits while still in jail or prison. You should also check
if the jail or prison has a Pre-Release Agreement with Social Security.
If so, ask the jail or prison staff to help you apply through it.
This will make it easier for you to get a decision quickly from Social
Security and to get your check soon after you are released. You can
have someone help you with this application.A decision on a new application
takes much longer than restarting a benefit you had before. You should
start at least three months before the date you expect to be released.
To make a new claim for SSI or SSDI, you will need to collect medical
evidence of your disability. Social Security will ask for:
- your Social Security number and proof of age;
- the names, addresses and phone numbers of doctors, hospitals
and clinics that have treated you and when;
the names of your medications;
- a summary of where you worked and the kind of work you have done;
and
- a copy of your most recent W-2 tax form.
Social Security will also ask health care providers for your medical
records and lab or test results.
For SSI, you will also need to show Social Security that your income
and resources are below SSI limits.
You can apply for SSDI benefits (but not SSI) online at www.ssa.gov.
For SSI you have to go through the local Social Security office,
either using the pre-release procedure or by having someone you trust
visit Social Security on your behalf. You can also apply for SSDI
through the local Social Security office if you wish, using form
SSA-3368.
Veterans Disability Benefits
If you do not receive these benefits and did not receive them before
your arrest, you can begin the application process while you are
in jail or prison. You use VA form 21-526, Veteran's Application
for Compensation and/or Pension, which is available on line.
You can also apply online using the Veterans On-Line Application
(VONAPP), at https://vabenefits.vba.va.gov/vonapp/.
Medical Care
Medicaid
You can apply for Medicaid while still in jail or prison. Ask jail
or prison staff for information and application forms, or get them
from your local social services office.
Medicaid can review your application and approve it before your
release. When you are released, you will have to go to your local
social services office to finish the application and receive your
Medicaid card.
You may be eligible for Medicaid if you are found eligible for TANF
benefits, but you probably have to apply separately. You should ask
how to apply for Medicaid when you apply for TANF at your local social
services office.
If you apply for SSI benefits and are approved, you will generally
become eligible for Medicaid. In some states, you will be enrolled
automatically. In most states, however, you need to fill out an application
at the social services office before you can receive a Medicaid card.
Medicare
You can be eligible for Medicare coverage only if you are 65 or
older or if you have been eligible for SSDI disability benefits for
the previous two years. You should first apply for SSDI, and then
wait for two years to be covered by Medicare.
Veterans Health Care
To receive Veterans Health Care benefits you must enroll with an
initial application. All veterans are encouraged to enroll, even
if they are automatically eligible due to a disability.
To apply, complete VA form 10-10EZ, which you can obtain by visiting,
calling or writing any VA health care facility or benefits office
or by calling the toll-free number 1-877-222-8387. You can also find
this form online by pointing your browser to www.va.gov/1010ez.htm.
Other Benefits
TANF
To apply for TANF benefits upon release, go to your local social
services office. You will need to show that you are eligible because
you are caretaker to a child and your income and resources are below
the TANF limits.
Food Stamps
Food Stamps are awarded to "households," but that can mean one person.
Each state has a Food Stamp Information Hotline. You can find your
state's number online at www.fns.usda.gov/fsp/contact_info/hotlines.htm.
Each state has its own application form, and some states have them
on the state's website. Otherwise, you can apply at your local social
services office.
Food Stamp applications include an interview. If you have a disability,
the interview may be conducted by telephone.
If you want to complete the application process before you are released
from jail or prison, you can authorize another person to apply and
be interviewed on your behalf. You must designate this authorized
representative in writing.
The Department of Agriculture has information about eligibility
requirements that will help you learn if you may be eligible for
Food Stamps, online at www.fns.usda.gov/fsp/applicant_recipients/eligibility.htm.
For Help in Applying for Benefits
You can have assistance to apply for any of these benefits. The
agencies that run these programs will often work with your family,
close friends or lawyer, if you authorize them to do so. This can
be very helpful if you are still in jail or prison.
Another source of assistance may be community mental health programs.
These agencies have information about benefit programs and their
staff can help you apply. If you wish to use public mental health
services, contact your local community mental health agency-listed
in the phone book-to ask for assistance.
If you are turned down for benefits, you may want to contact an
advocacy program. Lawyers and advocates with the following groups
can help you appeal:
-
Protection and Advocacy Systems - Each state
has a Protection and Advocacy (P&A) system for people with
disabilities. These agencies have information about benefit programs
and can provide assistance if you have difficulty getting the
benefits to which you believe you are entitled. To find the P&A
in your state, check online at www.napas.org and
click on "about P&As/CAPS."
-
Legal Services - Legal services programs in
every state provide legal assistance in civil (not criminal)
issues to people who cannot afford a lawyer. They can help you
appeal a denial of benefits if you qualify as low income after
your release. To find the program in your state, go online to www.lsc.gov and
click on "Get Legal Assistance."
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