Do Social Security benefits continue during incarceration? 74-year-old father jailed
My 74-year-old father was recently arrested and is likely facing a 6-month sentence (don't ask - family drama and poor decisions). I'm trying to figure out what happens to his Social Security retirement benefits while he's locked up. Does SS stop payments completely? Is there a way to have them resume after release? He relies entirely on those checks and I'm worried about how he'll manage when he gets out if his benefits are terminated. Also wondering if I need to notify SSA about his situation or if the prison system automatically does that?
16 comments


Zara Shah
Social Security retirement benefits are suspended if someone is incarcerated for more than 30 consecutive days. The payments stop until the person is released from prison. This applies regardless of age - even at 74. The prison reports this to SSA automatically, so you don't need to notify them about the incarceration. The good news is that benefits can be reinstated the month following release - he doesn't lose eligibility permanently. He (or you with proper authorization) will need to contact SSA right after his release to get payments restarted.
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Sean O'Brien
•Thank you so much for the clear explanation! That's a relief to know he can get them reinstated. Do you know if there's any paperwork we should prepare before his release to speed up the process?
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Luca Bianchi
my uncle went thru this last yr. they cut his check off the 2nd month he was in. he had to go to the ss office with release papers to get it turned back on. took almost 3 weeks to get money again after that
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Sean O'Brien
•Thanks for sharing your experience. 3 weeks without income will be tough for him. I'll need to figure out how to help him bridge that gap.
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GalacticGuardian
I work in benefits counseling and want to add that while his retirement benefits will be suspended during incarceration, they don't terminate his Medicare coverage if he has it - though it becomes largely useless while he's incarcerated since the prison provides healthcare. If his Medicare premiums were being deducted from his SS check, he'll need to make arrangements to pay those premiums directly to avoid coverage gaps. Also, when he's released, make sure he brings documentation showing his release date when he goes to restart benefits. The prison should provide this paperwork upon release.
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Sean O'Brien
•I hadn't even thought about his Medicare! That's really important information. He does have premiums deducted from his SS check. I'll look into how to keep those paid.
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Nia Harris
This happened with my mom's neighbor (different circumstances but also incarcerated in his 70s). Just want to warn you that getting benefits restarted can be a NIGHTMARE. The local office kept losing his paperwork and he ended up homeless for almost two months because of the delay. Make sure you're ready to help your dad navigate the system when he gets out!!!
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Mateo Gonzalez
•This is why I recommend using Claimyr when you need to contact SSA by phone after his release. It gets you through to an actual person at Social Security without the hours of waiting and disconnections. I used it when my benefits were suspended incorrectly and got through in 20 minutes instead of spending days trying. Check out their site at claimyr.com - they have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Made the whole process so much less stressful during an already difficult time.
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Luca Bianchi
they WILL find out hes locked up even if u dont tell them. prisons report to SS
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Aisha Ali
•Yep. The system is automated now - they crosscheck databases. I worked corrections for 11 years and saw how it happens. No way to fly under the radar anymore.
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Ethan Moore
While your father's retirement benefits will be suspended during incarceration, it's important to know that some programs like SSI have different rules than regular Social Security retirement. With SSI, benefits can be suspended for up to 12 months before termination, but with traditional retirement benefits, they're just suspended and can be reinstated after release regardless of how long the incarceration lasts. Make sure you're applying for reinstatement as soon as possible after release. Also, if your father was receiving any other benefits like food stamps, housing assistance, etc., those all have different rules during incarceration. Each program requires separate notification for reinstatement.
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Nia Harris
•Actually thats not entirely right - even SS retirement DOES have limits if incarceration is for a FELONY and goes beyond certain timeframes. My friend's dad lost eligibility completely after a 7 year sentence related to financial crimes. There are exceptions!!!
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Sean O'Brien
Thanks everyone for the helpful responses. I feel much better prepared now. To summarize: his benefits will be suspended (not terminated), we need to get them reinstated right after release with proper documentation, and I should plan for 2-3 weeks without income after his release while SSA processes everything. I should also figure out how to handle his Medicare premiums while he's incarcerated. I'm going to look into getting power of attorney so I can help manage all this while he's inside.
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Zara Shah
•That's a good summary. Getting a power of attorney is very wise in this situation. One additional tip: If you can, schedule an appointment at the Social Security office for the day after his release. Don't just walk in, as the wait times can be extremely long. You can schedule appointments by calling their main number.
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Logan Scott
•@Zara Shah That s'excellent advice about scheduling the appointment ahead of time! I ve'heard horror stories about people waiting 4-5 hours at SSA offices. Do you know if they can schedule the appointment while he s'still incarcerated, or do we need to wait until after his release? I m'wondering if having the appointment already set up for the day after release would make the whole process smoother.
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Justin Trejo
•@Logan Scott You can definitely schedule the appointment while he s'still incarcerated! I d'recommend calling SSA about 2-3 weeks before his expected release date. They typically book appointments 1-2 weeks out, so timing it right means you can have that appointment ready for the day after he gets out. Just make sure you have his Social Security number and basic info when you call. Having that appointment pre-scheduled will save you so much stress during an already overwhelming time.
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