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!

I'm so sorry you're going through this difficult situation. Just wanted to add a couple of things that might help: 1. When you go to your SSA appointment, ask specifically about "deemed filing" - since you're already past full retirement age, they should automatically consider you for the highest benefit available between your own record and spousal benefits. 2. If you do get approved for spousal benefits, they can sometimes provide retroactive payments for up to 6 months before your application date, so don't delay! 3. One thing to keep in mind - once your husband is released from prison, his benefits will resume, but that doesn't affect your spousal benefits as long as you remain married. 4. Consider bringing a friend or family member to the appointment if possible - having someone there to take notes or ask questions can be really helpful when dealing with complex benefit situations. Wishing you the best of luck with this process. You've gotten some excellent advice here from others who've been through similar situations!

I'm glad to see you're being proactive about this situation. One additional thing I'd suggest is asking about your options for direct deposit setup when you meet with SSA. Since you mentioned you're currently receiving very little from Social Security, they may need to adjust your payment method or account information when your benefits potentially increase with spousal benefits. Also, if you haven't already, consider asking about Medicare benefits - at 67, you should be eligible, and given your financial situation, you might qualify for programs that help cover Medicare costs. The SSA office can provide information about these additional programs during your visit. Keep us posted on how your appointment goes!

I'm a retired SSA employee and wanted to add a few technical details that might help. When you apply for spousal benefits, make sure to ask about the "Government Pension Offset" (GPO) and "Windfall Elimination Provision" (WEP) - these can reduce benefits if you receive a pension from government work where you didn't pay Social Security taxes. Also, since your husband's benefits are suspended due to incarceration, SSA should have a "prisoner suspension" code on his record. This is important because it confirms his benefits are properly suspended and won't cause issues with your spousal benefit calculation. Finally, bring a copy of any recent SSA correspondence you've received - it helps them pull up your records faster. The fact that you're 67 and already receiving some benefits should make this process more straightforward than starting from scratch.

This thread has been incredibly informative! I work as a benefits counselor and wanted to emphasize a few key points that came up: First, the distinction between POA and benefit eligibility is crucial - many people get confused about this. Second, the timing advice given here is spot-on. SSA processes can be slow, and having both phone and in-person strategies is smart. One thing I'd add is that when you go to your appointment, ask for a written summary of what benefits you're approved for and when they'll start. This helps avoid confusion later. Also, if you encounter any issues or delays, don't hesitate to contact your local congressman's office - they have caseworkers who can help navigate SSA bureaucracy. Best of luck with your appointment, and thank you to everyone who shared their experiences and knowledge here!

Just wanted to add something that might be helpful - when you're at your SSA appointment, don't be afraid to ask them to explain anything you don't understand in simpler terms. I've found that SSA staff sometimes use a lot of technical jargon that can be confusing. Also, if they tell you that you're not eligible for something or that there will be delays, ask them to show you the specific regulation or policy - sometimes there are exceptions or alternative approaches they might not mention initially. I've seen cases where people were initially told "no" but then found out later they were actually eligible. You're dealing with a tough situation, but you're handling it really well by gathering all this information and being proactive. Rooting for you!

I've been following this thread and wanted to share something that might help speed up your process. Since you mentioned having trouble getting through on the phone, you might also try calling the SSA office directly instead of the main 1-800 number. You can find your local office number on the SSA website, and sometimes they're easier to reach than the national line. Also, if you have any documentation about your husband's incarceration (like court papers or facility contact info), bring that too - it can help them update his records more quickly. One more tip: if your appointment gets delayed or rescheduled, ask if they have a cancellation list you can be put on for earlier appointments. You're doing all the right things, and I hope you get the financial relief you need soon!

I wanted to follow up on this thread since I went through something very similar when my ex-husband was incarcerated. One thing that really helped me was keeping a detailed log of every phone call, appointment, and piece of paperwork throughout the process. SSA can sometimes lose track of applications or give conflicting information between different representatives, so having your own records helps a lot. Also, when you do get approved for spousal benefits, make sure you understand whether they're permanent or if they need to be reviewed periodically. In my case, there was some confusion about what would happen when my ex was released, but as others mentioned, your spousal benefits should continue as long as you remain married. The most important thing is to be persistent - don't let them brush you off or tell you to "just wait and see." You have rights as a spouse, and you deserve to get the benefits you're entitled to. Keep advocating for yourself!

I just wanted to say how helpful this entire thread has been! I'm not in the exact same situation, but my brother is dealing with some SSA complications and this conversation has given me so many insights about how to approach these kinds of benefit issues. The advice about keeping detailed records, asking for written summaries, and being persistent really resonates with me. It's also great to see people with professional experience (like the retired SSA employee and benefits counselor) sharing their knowledge alongside personal experiences from others who've navigated similar challenges. To the original poster - you're clearly taking all the right steps and I'm confident you'll get this resolved. Please do update us after your appointment! Threads like this are exactly why online communities can be so valuable for sharing practical, real-world advice.

I wanted to add one more resource that might be helpful - many states have SHINE programs (Serving the Health Information Needs of Everyone) that provide free counseling on Medicare and Social Security benefits. These counselors are specially trained volunteers who can help you understand your options and even accompany you to SSA appointments if needed. You can find your local SHINE program through your state's aging services department or by calling 1-800-MEDICARE. Given your age and financial situation, they might also be able to connect you with other assistance programs you qualify for. Since you're dealing with such a complex situation involving incarceration and benefit calculations, having a knowledgeable advocate could be really valuable. These services are completely free and they're used to dealing with complicated SSA cases.

I'm really impressed by how thorough and supportive everyone has been in this thread! As someone who works with seniors navigating government benefits, I wanted to add one more practical tip: when you go to your SSA appointment, consider bringing a small notebook or using your phone to take notes during the conversation. SSA representatives sometimes speak quickly and use specific terminology, and it's easy to forget important details once you leave. Also, if they give you any forms to complete, don't feel pressured to fill them out on the spot if you're unsure about anything - you can always ask to take them home and return them later. This ensures you have time to review everything carefully and ask questions if needed. You've clearly done your homework by gathering all this information, and I'm confident that preparation will serve you well. Wishing you success with your appointment!