Will My Disability Checks Stop When I Am in Jail or Prison?
Supplemental Security Income
SSI disability payments will continue for a while. How long depends
on the date you were arrested. You can receive SSI payments until
you have been in jail or prison for a full calendar month-from the
first of the month through the last day. For example, if you went
to jail or prison on March 2, your SSI would continue during March
and all of April. April would be the first full calendar month you
were incarcerated, so payments would not stop until May 1. On the
other hand, if you went to jail or prison on March 1, your payments
would stop on April 1 because you would have been incarcerated for
the full month of March.
Social Security Disability Insurance
SSDI payments will also continue for a while, though SSDI rules
are different from the SSI rules. You can receive SSDI benefits until
you have been convicted of a criminal offense and spent 30 days in
jail or prison. This means that your payments will stop on the 31st
day you are incarcerated after a conviction, no matter what day of
the month you were arrested. For example, if you were convicted and
went to jail or prison on March 3, your SSDI would stop on April
2.
SSI and SSDI - If you receive both an SSI and an SSDI check each month, your
SSDI payments will stop after 30 days of incarceration following conviction,
but your SSI will continue until you have been in jail or prison for a full
calendar month (see the SSI explanation above). So, if you were incarcerated
on March 2, for example, your SSDI payments would stop on April 1, but your
SSI payments would not stop until May 1.
Veterans Cash Benefits
Veterans cash benefits will not change unless you have been convicted
of a crime. Even then, full benefits continue for 60 more days.
If you were convicted of a felony and your benefits are disability
compensation (resulting from a service-connected disability), they
will be reduced beginning with the 61st day of your imprisonment.
For example, if your payment was $188 or more, your new amount will
be $98; if you were getting $98 before you went to jail or prison,
your new payment will be $49.
If you were convicted of a misdemeanor, your benefits will continue
without any reduction.
The VA can take all or part of the amount you no longer receive and provide
it to your spouse, children and dependent parents, based on their need. Your
family members should contact the nearest VA regional office for information
on how to apply.
If your benefits are a pension (a non-service-connected disability),
your benefits will be suspended entirely beginning with the 61st
day of your imprisonment for either a felony or a misdemeanor.
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