Disability Benefits and Incarceration: Leaving Incarceration

Do you know how incarceration impacts Social Security benefits? This article is the second in our series on incarceration and disability benefits. Keep reading to learn what to expect when someone receiving Social Security benefits is justice-impacted.

How do I get my SSI or SSDI back after I am released from incarceration?

The first step to knowing how to get your benefits back is to figure out the status of your benefits. If you were incarcerated for less than 30 days, you’re probably still receiving your disability benefits regardless of the type of benefit you receive (SSI or SSDI). It’s always a good idea to call Social Security and let them know you are no longer incarcerated even if they never stopped your benefits.  If you receive SSI (and were incarcerated for less than one year) or SSDI (regardless of how long you were incarcerated), your benefits are suspended. If you received SSI and were incarcerated for one year or longer, your benefits have ended. Social Security calls this termination.

How do I restart suspended benefits?

Once you are within three months of your release date, or after you have already been released, you can reach out to Social Security to let them know. If you are still incarcerated, a social worker at the jail or prison can help you with this or you can call them yourself and they will tell what you need to do next. If you’ve already been released, you can go to your local office to let Social Security know you would like to receive your benefits again. Social Security no longer takes walk-ins at the local offices, so you may need to call to make an appointment before going in. When you go to the Social Security office, you’ll need to know the address where you’ll be living and take your ID and release paperwork with you so Social Security knows you are eligible to receive payments again.

If you receive SSDI, you can start getting payments at the beginning of the month following the month you are released. For example, if you are released in March, your SSDI checks would start again in April. If you receive SSI, you will receive a partial payment for the month you are released. You are only eligible to be paid for days you are not incarcerated. Your first full SSI check will begin the following month.

How do I restart terminated benefits?

Unfortunately, there is no way to simply restart benefits once they have been terminated. You will have to fill out a new application showing that you have a disability and a low or no income. This process can take a while. If you are still incarcerated, you can ask the jail or prison if they have a prerelease agreement with Social Security so they can start processing your application before your release date to help you start getting payments as soon as possible after your release. If there is no prerelease agreement, or if you have already been released, and need to reapply for benefits, Northwest Access Fund offers a monthly class and many resources that can walk you through this process.

Overpayments

Sometimes Social Security doesn’t realize someone has been incarcerated and may continue to pay them benefits they were not eligible for. When this happens, it’s called an overpayment. If you have an overpayment, Social Security will keep some of your benefit every month to pay back the overpayment. You have options get them to stop or reduce how much they’re taking; a Certified Benefits Planner at Northwest Access Fund can help you with this.

If you need help understanding how to restart your benefits after leaving incarceration, Northwest Access Fund can help!