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Can I get my husbands social security for our daughter while he is in prison?

My husband has recently been sentenced to 5 years in prison, and we have a daughter on the way. He did receive disability benefits prior to this.

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Attorney answers (1)

Reputation Level 8
It depends on the kind of Social Security disability benefits your husband was receiving.

Disability Insurance benefits (SSDI aka DIB) often come with auxiliary benefits including benefits to the spouse and the minor children of a disabled individual. These benefits can continue even during the incarceration of the disabled individual.

However, Supplemental Security Income (SSI) does not have any auxiliary benefits for spouses or children. Only the disabled individual can get Social Security SSI benefits due to his/her disability. If the benefits are stopped due to the disabled individual's incarceration, they are stopped. They are not transferred to anyone else.

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