The Bazelon Center for Mental Health Law


 

 

When I Am Released, How Do I Get My Disability Benefits Back?

Your SSI or SSDI benefits can be restored after your release and you will receive payment for any day you were eligible. However, your check may be delayed, depending on when you apply for reinstatement and how long Social Security takes to decide your claim.

If you are on SSDI, or if you are on SSI and have been incarcerated less than a year, you can begin the paperwork to restart your checks while still in jail or prison.2 If you do, you are more likely to get your check soon after you are released.

If your SSI benefits stopped for more than 12 consecutive months, Social Security has terminated them entirely. This means you have to start the application process over again.

To restart SSI payments

You can apply to have your SSI check restarted before the date you expect to be released from the jail or prison. This is called the "pre-release procedure."

Your first step should be to ask the jail or prison staff whether there is a "Pre-Release Agreement" between the jail or prison and the Social Security Administration. If there is, ask the staff to help you apply through that agreement. This will make it quicker for you to get a decision from Social Security and to get your check soon after you are released.

If the jail or prison does not have a Pre-Release Agreement, Social Security still has a pre-release procedure you can use. Ask the jail or prison staff if they know how you can restart your SSI checks. If they do not, you can check the information on Social Security's website at www.ssa.gov/notices/supplemental-security-income.

You will need to show Social Security what your income is and what resources you have. You will also be asked who (if anyone) you plan to live with after your release. Then your benefit can be calculated. Social Security will also need to know the date of your release.

You can ask friends or relatives to help you apply. They can do this by making an appointment for themselves with the local Social Security office. They will need the information from you about your income and resources, and where you plan to live. They should ask Social Security ahead of time what papers they should bring with them.

When you apply to restart SSI checks, make sure you ask Social Security to decide at the same time whether you are also eligible for Food Stamps.

On the day you are released, go to your Social Security office with identification and a document from the jail or prison stating that you have been released. Social Security will also need to know where you want the checks mailed.

To restart SSDI checks

If you are on SSDI, you remain on the rolls during your jail or prison term, no matter how long it is, even though the checks stop. However, you do need to request reinstatement of your cash benefit.

Before the date you expect to be released you can ask to have your SSDI checks restarted. There is no pre-release procedure for SSDI as there is for SSI, but when jails or prisons have Pre-Release Agreements for SSI they can also use them to help SSDI recipients.

Your first step should be to ask the jail or prison staff whether there is such an agreement. If so, ask to apply for SSDI benefits through it. This will make it easier for you to get a decision from Social Security and to get your check soon after you are released.

If the jail or prison does not have a Pre-Release Agreement, ask the staff if they have know how you can restart your SSDI checks. If they do not, you can check the information about SSDI on Social Security's website at www.ssa.gov/disability/.

On the day you are released, go to your local Social Security office with identification and a document from the jail stating that you have been released. Social Security will also need to know where you want the checks mailed.

To restart Veterans Disability benefits

You are eligible to receive your VA compensation or pension benefits on the day you are released. However, the VA may decide to schedule you for a medical examination to see whether your disability has improved.

Visit or call your local VA office for help in restarting these benefits. Call 1-800-827-1000 to contact the regional office that handles your benefits. You need to provide a document to the VA stating that you have been released.

Before your release, you can ask jail or prison staff if they can assist you. They should be able to notify the Veterans Administration of your release. Benefits restart as soon as the VA is aware of your status and approves your benefit. However, your check must still be sent to you and this may take a little while.

Next: How Do I Pay for Medical Care After I Am Released?

 

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster at bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmasteratbazelon.org