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Will I Lose My SSDI or SSI Benefits If I Go to Prison?

A lot of things can change when you go to prison. Many people who are convicted for a long or even short period of time often wonder what this could mean for their disability benefits. Common questions are whether they can receive benefits while in prison or if they will be able to receive benefits again after their sentence ends. Different factors like the length of prison time, age, and Medicaid can affect the outcome of your SSDI or SSI benefits. If you have questions, try talking with a Philadelphia disability lawyer. 

Consequences to Disability Benefits in Prison

Among the factors that affect disability benefits while in prison, time plays a large role. If your prison sentence lasts longer than 30 days and is due to a criminal offense, the Social Security Administration will take away your disability benefits. However, if your prison sentence is shorter, you will be allowed to receive Will I Lose My SSDI or SSI Benefits If I Go to Prison?benefits while inside prison and after your sentence ends. Non-criminal offenses have the benefit of not affecting your disability benefits at all, even if the prison time exceeds 30 days.

If you lost your benefits because you were in prison longer than 30 days, do not panic. You may still be able to receive benefits again after you are released. The process for reapplication or receiving benefits again depends on whether you had Supplemental Security income (SSI) or Social Security Disability Insurance (SSDI).

If you had SSI, you can start receiving benefits again after your release as long as you were not in prison for a year or longer. Even if you do lose benefits because of this, you can still reapply. A lawyer can often make the reapplication process smoother. In terms of SSDI, your benefits can be given back to you a month after your release.

Some people with families who go to prison may be concerned about their families. The good news is that families are unaffected by your prison time. 

Applying for Disability Benefits After Prison

The application process for disability benefits after prison is similar to any application for these benefits. To be eligible for SSI, you generally need to either be 65 or older, have a disability with little income, or be blind. The same definitions of a disability apply for you to be granted benefits. A disability must prevent you from working and be expected by doctors to either last longer than a year or lead to death.

You will likely also be asked for a copy of your prison release document. If you are on parole or released to stay at home with an ankle bracelet, you can still attempt to reinstate benefits. 

Philadelphia Disability Lawyer

If you were unable to reinstate your disability benefits after serving a full prison sentence, consider seeking guidance from a Philadelphia delayed insurance benefits lawyer. Contact Edelstein & Nelson at 800-887-4529 for consultation today. We will work with you to investigate your situation to determine why your benefits have been delayed or denied and will attempt to resolve this problem.