Can you loose your social security if you go to jail?

Asked about 2 years ago - Santa Fe, TX

What are some reasons you might loose your social security for?

Attorney answers (3)

  1. Kelie Cummins Schneider

    Contributor Level 10


    Lawyers agree

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    Answered . If you recieve SSI benefits, you are not entitled to recieve a Social Security check after you are in jail for the full calender month. After this, your checks should stop immediately. However, if they do not, and they are still being deposited into your account, and you cash them, that is considered an overpayment for Social Security and you will have to pay that money back.

    If you are collecting SSD benefits (based on work history and disability), you will not be entitled to recieve a SS check after being in jail for 30 days following your CONVICTION. (note: this is different than SSI). Again, if your checks do not stop for some reason, and you cash them when they appear in the bank account, this will be an overpayment and you will have to pay the amount back.

    You can have the benefits restarted upon release from prison. However, there are ways to start this process before the actual release date. More information on this can be found here:

    Good luck!

    Please remember to pick the best answer.

    This answer contains general information only; and it is not intended as legal advice. It is not intended to and... more
  2. Stephen L. Redisch

    Contributor Level 2


    Lawyer agrees

    Answered . If you are incarerated for more than 30 days you will not be entitled to continue to receive your benefits.

  3. Clifford Michael Farrell

    Contributor Level 19


    Lawyer agrees

    Answered . My colleague is correct - there is no eligibility for any month you are in jail after a conviction (benefits due while waiting trial or a plea ARE payable). Any offense that involves any jail time makes you ineleigible.

    Best of luck to you.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more

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