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Does Social Security stop my SSDI checks if I am being held in jail awaiting a preliminary parole revocation hearing??

Plymouth, MA |

I am on SSDI. I was released from a county jail after serving 9 months,(8 and a half months spent awaiting sentencing)in Oct,2012.I was put on parole until March,2013. On Jan,11th,2013, I was sent back to county jail on a parole violation,(failed to notify parole immediately of a prescription I filled written by my doctor)I was held in jail for 2 months while awaiting a revocation hearing to determine if I had violated my parole.My hearing was on March 4th- I was released on March 18th.Social Security is having me pay back 3 months of checks now because they said I was incarcerated for committing a crime,but do the 2 months I spent awaiting my hearing date count as being sentenced,or is it supposed to start 30 days AFTER my parole hearing?

Attorney Answers 3


  1. When you are receiving Social Security benefits, SS will cease your benefits if you are institutionalized for more than 30 continuous days after a criminal conviction.

    However, while you are confined, benefits to your dependent spouse or children will continue as long as they remain eligible.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC


  2. If you are receiving Social Security retirement or disability, SS will stop your benefits if you are institutionalized for more than 30 continuous days after a crime conviction. Although you cannot receive monthly Social Security benefits while you are confined, benefits to your dependent spouse or children will continue as long as they remain eligible.

    If you, for example, are convicted in March and jailed more than 30 days, you will not be eligible for March benefit. Your payments will stop with your April payment. SS can reinstate your benefits starting with the month you are released. To restart your payments, visit your local Social Security office with proof of your release.


  3. I agree with Attorney Curtis and Attorney Johnson. To supplement their answers, I am providing you with a link that may be helpful.

    http://www.ssa.gov/pubs/EN-05-10133.pdf

    Good luck to you.

    Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality

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