The rules for stopping Social Security payments for people who are in jail are different based on whether you receive Supplemental Security Income (SSI) or you receive retirement, disability or survivor (RSDI-Title II) benefits.
Supplemental Security Income (SSI) pays monthly checks to people who are 65 or older, or blind, or have a disability and who do not own much or have a lot of income.
For more information about the SSI program see http://www.socialsecurity.gov/pubs/11000.html.
If you get a monthly SSI check and you are in jail, your SSI check will stop after you are in jail for a full calendar month. For example, if you were in jail on 3/21/01 and you will stay there to serve a three-month sentence, SSA will stop your SSI check beginning with April 2001.
Your monthly SSI check will not start again until you contact your local Social Security office and bring your proof of release from jail with you to reapply for benefits. Retirement, Survivors and Disability Insurance (RSDIāTitle II) Benefits Title II pays monthly benefits to people who are disabled, people who retire after age 62 or widows and children of deceased workers.
You or your family may get benefits from this program because you worked and paid taxes into the Social Security System during your working lifetime. To learn more about Title II Social Security benefits visit our website at http://www.socialsecurity.gov/pubs/10024.html.
If you get Title II benefits and you are in jail and were convicted of a crime, your monthly benefits will stop after you remain in jail more than 30 continuous days following your conviction. Your checks will stop with the month you entered jail and were convicted. For example, if you were sent to jail on 3/21/01, convicted of a crime on 3/29/01, and the court ordered you to serve a 6-months sentence, your benefits would stop beginning with your March 2001 Title II check, the check you receive in April 2001.
Your benefits will stop until you are released from jail. Once released, you should contact your local Social Security office with your release papers and apply to get your benefits started. Also, if you are in jail awaiting trial, you will continue to get your Title II benefits until you are convicted.
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