Social Security retirement benefits may seem for everyone, but they aren’t. As a matter of fact, it is a benefit for those who have worked and paid enough payroll taxes to the Administration. It usually takes at least ten years to achieve it, but it is advisable to work for a minimum of 35 years.
Once you are receiving retirement because you are 62 or older, have earned at least 40 work credits, and have filed, you may lose Social Security retirement benefits. Believe it or not, it could happen. Despite the fact that you are entitled to them, there is a possibility.
According to the Administration, Supplemental Security Income and Social Security do not allow payments to most prisoners. Therefore, if you go to prison, it is more than likely that you lose your retirement benefits or even your SSI.
Can I lose Social Security retirement benefits if I am incarcerated for just one day?
The Administration will only suspend your payments if you are in a penal institution, a prison, or jail for over 30 days. Of course, only if they are 30 continuous days and if you have committed a crime. So, it must have been because of conviction of a crime.
Nevertheless, the Administration claims that if the person is not confined to a jail or a similar institution, “benefits may be paid to an eligible individual”. Do not worry if you have dependents or a spouse collecting benefits on your record.
Social Security will continue paying benefits to your children or spouse while you are in prison. Obviously, that is only possible when they continue to be eligible. So, if you go to prison in December and you stay there for more than 30 days, your benefits will not receive the money you get that month.
Therefore, you will not cash your payment in January. It is true that you can start receiving your Social Security benefits again once you leave the prison. Without a doubt, you must provide proof of your release so the Administration can start sending your checks again. Visit your local office to do so.
How does a conviction affect your Social Security retirement benefits?
Since you cannot cash payments for any month you have been in prison or a similar facility for more than 30 days, you will lose them. Regardless of the number of days of the month you have been in a correctional facility.
For instance, if you went to jail for 35 days and started your conviction on May 29, 2024, so you stayed in jail until July 2, 2024, you will not get any payments for the months of May, June, or July.
The reason is that you were in prison for 35 consecutive days. Check if your prison has an agreement with Social Security. Sometimes they inform the Administration about your release.
If they do not have any agreement with the Social Security Administration, it is always best to call 1-800-772-1213. In this way, you can make an appointment and then you can apply for benefits again.
