Restoring Federal Benefits
The federal government has policies and procedures that can help jails
and prisons address the issue of benefit access upon release. These rules
recognize that without speedy access to various benefit programs, individuals
may lose touch with the relevant social service agencies. For example,
it typically takes weeks to be approved for Medicaid benefits, and qualifying
for SSI and SSDI can take months or even years.
SSI and SSDI
The Social Security Administration (SSA) has established procedures
enabling its local offices to provide support to public institutions,
including jails, prisons and other corrections facilities, to help inmates
submit applications while incarcerated. These applications can also cover
food stamps. SSA will accept and process inmates' applications several
months before their anticipated release and make a prospective determination
of potential eligibility and payment amount, based on anticipated circumstances.
Through this approach, benefits are payable as soon as feasible after--
sometimes even on the day of--release.
A pre-release agreement between the corrections facility and SSA facilitates
this process. However, inmates can also apply and have their applications
handled expeditiously without such an agreement.
- Pre-release agreements with SSA can be informal or formal and written.
Both sides must make commitments. The correctional facility must agree
to:
- notify SSA of inmates who are likely to meet SSI eligibility criteria
and who are expected to be released within 30 days after SSA is likely
to make its eligibility decision;
- designate a facility liaison to handle all referrals and to work
with the local SSA office;
- provide current medical evidence and non-medical information that
may support the inmate's claim;
- provide the anticipated release date; and
- notify SSA if that date changes and when the inmate is actually released.
In return, SSA will:
- train jail staff about SSI/SSDI rules and work with them to ensure
that the application procedures work smoothly;
- provide a contact person at Social Security to assist jail staff
with the pre-release procedure;
- process re-applications and new applications as quickly as possible;
and
- promptly notify the jail of the decision on the inmate's eligibility.
Upon release, SSA must verify the individual's living arrangement, make
a final adjudication of the claim and initiate payment. This can be done
expeditiously. These arrangements can often be facilitated with involvement
by the federal SSA Regional Office and/or the state's Disability Determination
Service, which makes the actual eligibility decision.
More information on SSA pre-release agreements is available on the SSA
web site, at http://policy.ssa.gov/poms.(9)
Medicaid
Federal rules do not require termination of an inmate's
Medicaid eligibility upon incarceration, although states are not precluded
from suspending it, as long as the state ensures that no federal funds
are used for services provided while the person is in a corrections facility.
Inmates whose Medicaid has been suspended can be made eligible quickly
upon release. However, a 1999 survey found that all states had a policy
of terminating Medicaid eligibility upon incarceration.(10)
The federal government also requires that states not terminate anyone
from Medicaid without first determining that the person cannot qualify
under another Medicaid-eligibility rule. This means that individuals who
had Medicaid eligibility when they were arrested must be reassessed and
reinstated (if still eligible) as soon as they are released.(11)
And under federal Medicaid law, any individual must be provided assistance
in applying for benefits. Federal Medicaid matching funds are payable
for the administrative cost incurred by state or local officials to determine
whether an individual is eligible.
One situation where quick restoration of Medicaid eligibility is not
within the purview of state or local officials is when the person qualifies
for Medicaid through eligibility for SSI. In such cases, SSI must be restored
first. If SSI has only been suspended, this should take no more than 14
days, but if it has been terminated the delay could stretch into months
or years.
Local social services offices can restore TANF cash
assistance as soon as a released individual can show that he or she has
resumed the role of caregiver. Often, a person can complete a single application
for Medicaid, TANF and food stamp benefits at these offices.
Food Stamps
Food stamp applications can be accepted by SSA at the same time that
an individual files a claim for SSI benefits, provided that the person
expects to live in a qualified household upon release. Other individuals
may also apply for food stamps prior to their release.(12)
Although no action is taken on the application until the actual release,
this can speed up the process. States are required to give prisoners an
opportunity to receive food stamps as soon as possible but not later than
30 calendar days from the date they are released from the institution.
Veterans Benefits
The Veterans Administration (VA) requires written proof that the individual
is no longer incarcerated in order to re-start benefits. This can be supplied
to one of the 58 VA Regional Offices when requesting reinstatement.
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