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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Social Security Benefits and Incarceration
© 2003 by Neighborhood Legal Services, Inc.
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Will I lose my Social Security benefits if I am arrested and in jail awaiting trial?
No.
What if I am convicted of a crime?
You are not entitled to receive benefits if convicted of a criminal offense and are confined to a correctional facility for more than 30 coninuous days..
At what point will my benefits be stopped?
Immediately upon your conviction of a criminal offense and confinment to a correctional facility for more than 30 coninuous days.
What if I receive a check after my benefits should have been suspended?
We recommend that you send it back to the Social Security Administration because cashing it will mean you have been overpaid. An overpayment may be collected from you if you receive benefits after you are released.
What about my dependents?
Your dependents will not lose Social Security benefits paid to them.
When will my Social Security benefits start again?
If you are still qualified, your Social Security benefits may start again with the next month after the month in which you are released. For example: If someone is releasesd on January 28, his/her benefits will be reinstated effective with February and his/her check will be due in March. Make sure to let the Social Security Administration know when you are released.
