Can I collect my imprisoned husband's Social Security benefits with his POA given to someone else?

You may be eligible for spousal benefits regardless of the POA situation. Power of Attorney doesn't change your rights to Social Security benefits as a spouse. At your age (67), you're eligible for 50% of your husband's benefit amount if that's more than your own benefit. The fact that he's incarcerated is important though - Social Security generally suspends payments to inmates, but that doesn't affect what YOU can receive as a spouse. I'd recommend contacting SSA directly to discuss your specific situation.

My cousin went thru something kinda like this last year! Her husband gave POA to his brother and went to prison for 5 years. She still got some money from his SS but I dont think it was the full amount. Definitely call SSA and ask!!!

There are a few important points to understand here: 1. Power of Attorney is irrelevant to Social Security benefit eligibility - it only allows someone to act on another's behalf when dealing with SSA, not claim benefits. 2. While your husband is incarcerated, his own benefits are suspended according to Social Security rules. 3. As his spouse at full retirement age (which you are at 67), you're entitled to receive up to 50% of his Primary Insurance Amount (PIA) as a spousal benefit if that amount is higher than your own retirement benefit. 4. You should apply for spousal benefits immediately if you haven't already done so. 5. You'll need to provide your marriage certificate, both your Social Security numbers, and possibly documentation regarding his incarceration. I recommend calling SSA at 1-800-772-1213 to schedule an appointment to discuss your specific situation, as spousal benefits can be complex.

DONT WAIT!!!! The SSA is terrible to deal with and everything takes FOREVER. My husband passed last year and I'm STILL fighting with them about survivor benefits 8 months later!!!

I tried calling the SSA phone number for THREE WEEKS and couldn't get through - just endless holds and disconnections. Then I found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in under 20 minutes! They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - was totally worth it for me when I was dealing with my disability application. Saved me so much frustration!

sorry but i think ur confused about how this works... the POA doesnt mean that person gets your husbands ss money, it just means they can talk to ssa for him and handle his paperwork. but since hes in jail he dont get benefits anyway so POA dont matter. you should be getting spousal benefits based on your own situation regardless of the POA thing.

I was in a similar position three years ago when my husband went to prison. Here's what I learned through the process: 1. Since your husband is incarcerated, his benefits are suspended for the duration of his incarceration if it's longer than 30 consecutive days. 2. The POA issue is completely separate from your benefit eligibility. That person with POA can only act on your husband's behalf with SSA, not receive his benefits. 3. As a spouse at full retirement age, you're entitled to up to 50% of his full retirement benefit amount if that's more than your own benefit. 4. You need to apply specifically for spousal benefits - it's not automatic! 5. Bring your marriage certificate, both your Social Security cards, birth certificates, and any information about his incarceration. I found that meeting face-to-face at an SSA office was much more effective than trying to handle it by phone. Make an appointment first!

Wait does anyone know if the prison tells SSA automatically when someone is locked up or do u have to tell them yourself???

I want to thank everyone for their help and advice. I called SSA this morning but couldn't get through after being on hold for over an hour before getting disconnected. I'm going to try that Claimyr service someone mentioned to see if I can actually speak to someone. I've also scheduled an in-person appointment at my local office for next week just in case. I'm bringing all the documents suggested - marriage certificate, both our Social Security cards, birth certificates, and information about his incarceration. It's a relief to know that the POA situation doesn't affect my eligibility for spousal benefits. I'll update once I get some resolution!

This thread has been absolutely incredible to follow! I'm blown away by the depth of knowledge and genuine care everyone has shown. As someone who's dealt with government bureaucracy before (though not SSA specifically), I can't emphasize enough how valuable all this practical advice is. A few things really stood out to me that I think are worth highlighting for anyone else who might find this thread later: 1. The distinction between POA and benefit eligibility - this seems to be a common source of confusion that was cleared up brilliantly here 2. The importance of being your own advocate and not accepting vague answers 3. The multiple backup strategies (phone, in-person, services like Claimyr, local office numbers) 4. Documentation is key - keeping logs, bringing all relevant paperwork, asking for written summaries 5. There are SO many assistance programs available that most people don't know about What strikes me most is how this went from one person's specific crisis to an incredibly comprehensive guide that could help countless others. The combination of professional expertise (retired SSA employee, benefits counselor, nonprofit worker) with real personal experiences creates such a valuable resource. To the original poster - you should feel proud of how proactively you've approached this difficult situation. You've turned what seemed like an overwhelming crisis into a clear action plan, and you've created a resource that will help many other people facing similar challenges. I'm really hoping your appointment goes smoothly and you get the financial relief you need and deserve. Please do update us - I think everyone who contributed here would love to hear about your success! This is exactly why online communities like this are so powerful. Thank you to everyone who shared their time, knowledge, and encouragement!