Can my incarcerated brother collect Social Security survivor benefits after his wife died?

Unfortunately, Social Security benefits (including survivor benefits) are generally suspended when someone is incarcerated for more than 30 continuous days. This is a standard rule that applies to retirement, disability, AND survivor benefits. Your brother cannot receive survivor benefits while he's still in prison. The benefits don't accumulate during incarceration either - they're simply not payable during that period. However, once he's released, he could potentially apply for survivor benefits if he meets other eligibility requirements. Since he'll be over 60 when released, and was married for well over the required 9 months, he would likely qualify based on his deceased wife's work record. I'd recommend he contact Social Security about 3 months before his release date to start the application process. He'll need his wife's death certificate and their marriage certificate, among other documents.

I went thru something similar with my cousin who was locked up when his dad died. SSA ABSOLUTELY will NOT pay anyone in prison - not retirement, survivors, NOTHING!!! The system is designed to punish people even after they serve their time. Its disgusting how they treat people. And NO the money does NOT build up for when he gets out - he just loses all those potential payments forever!!!

wait can't he get like a lump sum death benefit though? i thought that was different from the monthly checks. its only like $255 but still something

My brother-in-law ran into this exact situation!!!! He lost out on almost 4 years of survivor benefits while in jail. Once he got out, he went to the SSA office with all his paperwork and was able to start getting monthly checks based on his late wife's record. But let me tell you, getting through to someone at Social Security was IMPOSSIBLE. Took him weeks of calling and getting disconnected. Total nightmare on top of everything else he was dealing with.

As others have mentioned, he won't be able to receive benefits while incarcerated. But there's an important step he should take now: he should make sure the Social Security Administration knows about his wife's death. While he can't receive benefits in prison, having this information on file might help streamline his application process when he's released. Also, when he does apply after release, he should know that survivor benefits taken before his full retirement age will be reduced. At age 63 (his approximate age at release), the reduction would be around 19% from what he'd receive at his full retirement age (probably 67 for his birth year). If his own work history is very limited, survivor benefits might be his best option regardless of the reduction.

One additional point that hasn't been mentioned yet: when your brother is released, he should apply for survivor benefits promptly. There's a limited retroactivity period for survivor benefits (usually 6 months), so he doesn't want to delay applying once he's eligible again. Also, while he can't receive benefits in prison, the months he's incarcerated after age 62 might still count as "disability freeze" months, which could potentially help his own retirement benefit calculation if he ever has enough work credits to qualify on his own record. But given what you've described about his limited work history, survivor benefits will likely be more advantageous anyway.

To answer the question about the "disability freeze" - it's a provision that excludes periods of disability from the calculation of your benefits, so those years of little or no earnings don't drag down your average. However, it typically applies to people who qualify for disability benefits, not necessarily to those who are incarcerated. I may have been incorrect in suggesting it would apply in this situation.

Just FYI - make sure he brings TWO forms of ID when he goes to apply after he gets out. My relative forgot his second ID and they made him come back which was a whole other ordeal with transportation and taking more time off work.