You were granted social security disability because you have a long-term disability, but being in prison or jail too long can put you back at square one. This is how it works. Benefits after Incarceration: What You Need To Know Arrested: You won’t lose your social security disability payments just by being arrested, even if you have to wait in jail to have your case heard. As long as you have not been convicted and sentenced to incarceration, your benefits will continue to be paid. Convicted: The day you are convicted and sentenced to incarceration, a clock starts ticking. Thirty days following your incarceration, your benefits will stop. It is 30 actual days, not 30 full calendar days. For example, you are convicted April 15th, your benefits will stop May 15th. Reinstatement: If you are released from incarceration before 12 months of being convicted, you can apply to have your social security disability payments reinstated.

• You have to go to the Social Security Administration office and file reinstatement papers.
• You also might be able to fill out pre-release paperwork before being released and start the process.

12 – month - clock:  Social security will close your social security disability file if you are incarcerated for more than 12 months following your conviction. A felony conviction and disability In this case, if you wish to restart your benefits you will need to begin the entire application process again. This could include another appeal hearing. Family: If your spouse or dependents receive payments due to your disability, those payments will continue while you are incarcerated as long as they continue to be eligible. However, if your case is ultimately closed due to the length of your imprisonment, their benefits also stop. Disability Planner – Family Benefits