Ask the Experts!
The professionals at Advanced Underwriting Consultants (AUC) answer the tax and technical questions posed by producers. Here’s the question of the day.
Question: My client, who is retired and receiving Social Security benefits, is about to go to prison. Will he still receive benefits while incarcerated?
Answer: No. Social Security retirement benefits—and other Social Security monthly benefits—are suspended while the recipient is in prison.
Here’s what the Social Security Administration says:
If you are receiving Social Security, your benefits will be suspended if you are admitted for more than 30 continuous days to a jail or prison because you were convicted of a criminal offense. Your benefits can be reinstated starting with the month following the month you are released.
Although you cannot receive monthly Social Security benefits while you are confined, benefits to your spouse or children will continue as long as they remain eligible.
If you are receiving SSI, your payments are suspended while you are in prison. Your payments can be reinstated in the month you are released. However, if your confinement lasts for 12 consecutive months or longer, your eligibility for SSI benefits will terminate and you must file a new application for benefits.
Those who are about to be released from prison can apply for new benefits or reinstatement of benefits to begin upon their release.
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