Skip to main content

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

Santa Fe, TX |

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

+ Read More

Attorney answers 3

Best Answer

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 does not create an attorney client relationship. Information contained here is only a starting point and you should consider discussing your specific problem in depth with a licensed attorney.


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


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 be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.