If you have learned that you will be imprisoned, you may wish to consult with a disability lawyer to learn how your benefits will be impacted. There are specific rules that your lawyer can review with you so that you can better understand your specific situation.
For example, your SSD lawyer can explain that your SSDI benefits will be suspended once you are imprisoned for 30 or more days that are served consecutively. You will not be able to receive benefits as long as you are incarcerated. Similarly, if you receive SSI benefits, your payments will be suspended while you are imprisoned.
Termination of Benefits
Your SSI benefits will be terminated if you are imprisoned for at least 12 consecutive months. In order to receive your benefits again, you will need to file a new application. Your lawyer can help assist you with the process of filing a new application.
Reinstatement of Benefits
Your lawyer may also help walk you through the reinstatement process. He or she can explain that your SSDI benefits can be reinstated the month after you are released. For SSI benefits, you can have them reinstated the same month that you are released. In order to have your benefits reinstated, your disability attorney will need to provide the Social Security Administration with documents that show that you were released. This step requires that your disability attorney have official documents from the facility where you were imprisoned.
If your family receives benefits on your behalf, they will continue to do so, as long as they continue to be eligible.
You should be warned that you would be ineligible to receive your benefits if there is an active warrant out on you.
If you would like assistance with this process, Buffalo Social Security disability lawyers Chris Pashler or Kathleen Devereaux can help. They can be reached at 716-874-1739.