Arrested? What Happens to Your Benefits If You Go to
Jail or Prison?
A Guide to the Federal Rules on SSI,
SSDI, Medicaid, Medicare and Veterans Benefits for Adults with Disabilities
SOURCE: The
This guide explains what will
happen to your federal benefits if you are arrested and held in jail or prison,
and how you can get them back when you are released.
It describes federal rules
on:
It first explains how and why you may lose these benefits
and then how to restart them when you are released from jail or prison. The
third section tells how you can make a new application for benefits you didn’t
have before your arrest.
You can find more information and some application forms
through phone numbers and websites listed in the booklet. If you have
difficulty getting access to the internet or a phone, a family member, friend
or advocate can use this booklet to help you apply or reapply for federal
benefits.
Will My Disability Checks Stop When I Am
in Jail or Prison?
SSI
disability payments will continue for a while. How long depends on the date you
were arrested. You can receive SSI payments until you have been in jail or
prison for a full calendar month-from the first of the month through the last
day. For example, if you went to jail or prison on March 2, your SSI would
continue during March and all of April. April would be the first full calendar
month you were incarcerated, so payments would not stop until May 1. On the
other hand, if you went to jail or prison on March 1, your payments would stop
on April 1 because you would have been incarcerated for the full month of
March.
SSDI
payments will also continue for a while, though SSDI rules are different from
the SSI rules. You can receive SSDI benefits until you have been convicted of a
criminal offense and spent 30 days in jail or prison. This means that your
payments will stop on the 31st day you are incarcerated after a
conviction, no matter what day of the month you were arrested. For example, if
you were convicted and went to jail or prison on March 3, your SSDI would stop
on April 2.
·
SSI and SSDI-If you receive both an SSI and an SSDI check each
month, your SSDI payments will stop after 30 days of incarceration following
conviction, but your SSI will continue until you have been in jail or prison
for a full calendar month (see the SSI explanation above.) So, if you were
incarcerated on March 2, for example, your SSDI payments would stop on April 1,
but your SSI payments would not stop until May 1.
·
Veterans Cash Benefits
Veteran’s
cash benefits will not change unless you have been convicted of a crime. Even
then, full benefits continue for 60 more days.
If you were convicted of a felony and your
benefits are disability compensation (resulting from a service-connected
disability), they will be reduced beginning with the 61st day of
your imprisonment. For example, if your payment was $188 or more, your new
amount will be $98; if you were getting $98 before you went to jail or prison,
your new payment will be $49.
If you were convicted of a misdemeanor,
your benefits will continue without any reduction.
The VA can take all or part of the amount you
no longer receive and provide it to your spouse, children and dependent
parents, based on their need. Your family members should contact the nearest VA
regional office for information on how to apply.
If your benefits are a pension (a
non-service-connected disability), your benefits will be suspended entirely
beginning with the 61st day of your imprisonment for either a felony
or a misdemeanor.
What
Happens to My Medical Care While I Am in Jail or Prison?
Federal
health programs will not pay for your care, but jails and prisons are
responsible for providing essential health and mental health services to all
inmates. You have a constitutional right to treatment while in jail or prison
and can request it.
·
Medicaid
Medicaid
does not pay for any services while you are in jail or prison. Many states will
take your name off their Medicaid list while you are incarcerated or when they
learn that your SSI payments have stopped as a result of your incarceration.
If jail staff took your Medicaid card away
with your other personal possessions when you were arrested, you probably will
not get the same card back. You will then have to re-apply, as described on
page 8.
· Medicare
Medicare
does not pay for any services while you are in jail or prison.
· Veterans
Health Care
The
Veterans Administration does not pay for medical care while you are in jail or
prison.
What Happens to Other Benefits While I Am in Jail or Prison?
·
Temporary Assistance to Needy Families
TANF
is paid to adult caretakers of children who meet certain requirements. States
have different policies about when they consider someone who is in jail or
prison no longer the child’s caretaker. Many states continue benefits until a
conviction-sometimes longer if the sentence is short.
If you were a TANF recipient when you were
arrested, a member of your family should apply to the local social services
office1 to have the TANF funds sent to the person who will now be
the child’s caretaker.
·
Food Stamps-You
cannot receive Food Stamps while you are in jail or prison.
When
I Am Released, How Do I Get My Disability Benefits Back?
Your SSI or SSDI benefits can be restored after your
release and you will receive payment for any day you were eligible. However,
your check may be delayed, depending on when you apply for reinstatement and
how long Social Security takes to decide your claim.
If you are on SSDI, or if you are on SSI
and have been incarcerated less than a year, you can begin the paperwork to
restart your checks while still in jail or prison..2 If you do, you
are more likely to get your check soon after you are released.
If your SSI benefits stopped for more than
12 consecutive months, Social Security has terminated them entirely. This means
you have to start the application process over again.
·
To restart SSI payments
You
can apply to have your SSI check restarted before the date you expect to be released
from the jail or prison. This is called the “pre-release procedure.”
Your first step should be to ask the jail
or prison staff whether there is a “Pre-Release Agreement” between the jail or
prison and the Social Security Administration. If there is, ask the staff to
help you apply through that agreement. This will make it quicker for you to get
a decision from Social Security and to get your check soon after you are
released.
If the jail or prison does not have a
Pre-Release Agreement, Social Security still has a pre-release procedure you
can use. Ask the jail or prison staff if they know how you can restart your SSI
checks. If they do not, you can check the information on Social Security’s
website at www.ssa.gov/notices/supplemental-security-income.
You will need to show Social Security what
your income is and what resources you have. You will also be asked who (if
anyone) you plan to live with after your release. Then your benefit can be
calculated. Social Security will also need to know the date of your release.
You can ask friends or relatives to help
you apply. They can do this by making an appointment for themselves with the
local Social Security office. They will need the information from you about
your income and resources, and where you plan to live. They should ask Social
Security ahead of time what papers they should bring with them.
When you apply to restart SSI checks, make
sure you ask Social Security to decide at the same time whether you are also
eligible for Food Stamps.
On the day you are released, go to your
Social Security office with identification and a document from the jail or
prison stating that you have been released. Social Security will also need to
know where you want the checks mailed.
·
To restart SSDI checks
If you are on SSDI, you remain on the
rolls during your jail or prison term, no matter how long it is, even though
the checks stop. However, you do need to request reinstatement of your cash
benefit.
Before the date you expect to be released
you can ask to have your SSDI checks restarted. There is no pre-release
procedure for SSDI as there is for SSI, but when jails or prisons have
Pre-Release Agreements for SSI they can also use them to help SSDI recipients.
Your first step should be to ask the jail
or prison staff whether there is such an agreement. If so, ask to apply for
SSDI benefits through it. This will make it easier for you to get a decision
from Social Security and to get your check soon after you are released.
If the jail or prison does not have a
Pre-Release Agreement, ask the staff if they know how you can restart your SSDI
checks. If they do not, you can check the information about SSDI on Social
Security’s website at www.ssa.gov/disability/.
On the day you are released, go to your
local Social Security office with identification and a document from the jail
stating that you have been released. Social Security will also need to know
where you want the checks mailed.
·
To restart Veterans Disability benefits
You
are eligible to receive your VA compensation or pension benefits on the day you
are released. However, the VA may decide to schedule you for a medical
examination to see whether your disability has improved.
Visit or call your local VA office for
help in restarting these benefits. Call 1-800-827-1000 to contact the regional
office that handles your benefits. You need to provide a document to the VA
stating that you have been released.
Before your release, you can ask jail or
prison staff if they can assist you. They should be able to notify the Veterans
Administration of your release. Benefits restart as soon as the VA is aware of
your status and approves your benefit. However, your check must still be sent
to you and this may take a little while.
How
Do I Pay for Medical Care After I Am Released?
· To restart
Medicaid
You
can apply for a new Medicaid card while you are in jail. Medicaid will
generally consider your application only if you are likely to be released
within 90 days (in some states, 45 days).
If you
were on Medicaid before your arrest, there is a very good chance you will be
eligible. If you have been on SSI, you may have to wait until Social Security
restarts your SSI checks before you are confirmed as eligible for Medicaid.
There are different ways to qualify for
Medicaid. You should ask the jail or prison staff for a Medicaid application
form and provide the information requested on it. File the form before your
release if you can. Then, on the day you are released, go to the local social
services office to see if they can give you a card.
Even before you have the card, you should
be able to get health and mental health services covered by Medicaid as soon as
you are released. You should ask the staff at the social services office how
this works.
· To restart
Medicare
Unless
you are 65 or older, if you had Medicare it was probably because you had SSDI.
Since you remain on the SSDI rolls while in jail or prison (even though you do
not receive checks), you do not lose your Medicare eligibility.
Keep your Medicare card or information
somewhere safe while you are in jail or prison. Once you are released, you
should be able to receive services and the provider of those services should
have no problem billing Medicare.
If you have lost your Medicare card, you
can ask Social Security for a new one. If you need it immediately, call Social
Security’s toll- free number (1-800-772-1213). Social Security can give you
proof of your eligibility that you can use until you get a new card. If you can
wait 30 days, you can apply for a new card online at www.ssa.gov. It will be mailed within 30 days to
the address Social Security has in its records for you.
·
To restart Veterans Health Care
Veterans
are eligible for health care from the VA system as soon as they are released
from jail or prison. After you are released, you should contact the VA health
care facility that you wish to use in order to get your name back into their
computer.
How
Do I Obtain Other Benefits After My Release?
·
To restart TANF
To
restart a TANF benefit, you must resume your role as caretaker for an eligible
child and meet other requirements, such as the income limits and work
requirements.
You should find out what is required to
file your application for TANF benefits while you are still in jail, even
though your request cannot be approved until after you are released and again
caring for a child. Beginning the application process for TANF while you are
still in jail or prison may speed up restarting your benefit.
Often you can use the same application
form to reapply for TANF, Medicaid and Food Stamps. Contact your local social
services office to find out how to do this.
If you are convicted of a drug felony, you
may find that you are no longer eligible for TANF. States can end your TANF
benefits permanently in these circumstances and 24 states do so.3 Another
174 have requirements you must meet before TANF benefits can be
restored, such as successful completion of a drug or alcohol treatment program.
·
To restart Food Stamps
You
can re-apply for Food Stamps while you are in jail, but you will not be
eligible for them until you have been released. If you are applying for SSI,
you can submit an application for Food Stamps at the same time. Social Security
will let you know if you are eligible.
If you do not expect to have SSI after
your release, you can re-apply for Food Stamps through your local social
services office (see how to apply for Food Stamps, below).
If you have been convicted of a drug
felony, you may no longer be eligible for Food Stamps. States can end your Food
Stamp benefit permanently in these circumstances and the same 24 states do so.3 The other 17 states4 have
requirements that must be met before you can get Food Stamps, such as
successful completion of a drug or alcohol treatment program.
How
Can I Apply for Benefits I Did Not Have Before My Arrest?
Disability Benefits
·
SSI and SSDI-Social
Security has a pre-release procedure you can use to apply for SSI benefits
while still in jail or prison. You should also check if the jail or prison has
a Pre-Release Agreement with Social Security. If so, ask the jail or prison
staff to help you apply through it. This will make it easier for you to get a
decision quickly from Social Security and to get your check soon after you are
released. You can have someone help you with this application.
A decision on a new application takes much longer than
restarting a benefit you had before. You should start at least three months
before the date you expect to be released.
To make a new claim for SSI or SSDI, you
will need to collect medical evidence of your disability. Social Security will
ask for:
Ø
your Social
Security number and proof of age;
Ø
the names,
addresses and phone numbers of doctors,
hospitals and clinics that have treated
you and when;
Ø
the names of your
medications;
Ø
a summary of
where you worked and the kind of work you have done; and
Ø
a copy of your
most recent W-2 tax form.
Social
Security will also ask health care providers for your medical records and lab
or test results.
For SSI, you will also need to show Social
Security that your income and resources are below SSI limits.
You
can apply for SSDI benefits (but not SSI) online at www.ssa.gov. For SSI, you have to go through the
local Social Security office, either using the pre-release procedure or by
having someone you trust visit Social Security on your behalf. You can also
apply for SSDI through the local Social Security office if you wish, using
form, SSA-3368.
·
Veterans Disability Benefits-If you do not receive these benefits and did not
receive them before your arrest, you can begin the application process while
you are in jail or prison. You use VA form 21-526, Veteran’s Application for
Compensation and/or Pension, which is available on line.
You can also apply online using the Veterans On-Line
Application (VONAPP) at, https://vabenefits.vba.va.gov/vonapp/.
Medical
Care
·
Medicaid-You
can apply for Medicaid while still in jail or prison. Ask jail or prison
staff
for information and application forms, or get them from your local social
services office.
Medicaid can review your application and
approve it before your release. When you are released, you will have to go to
your local social services office to finish the application and receive your
Medicaid card.
You may be eligible for Medicaid if you
are found eligible for TANF benefits, but you probably have to apply
separately. You should ask how to apply for Medicaid when you apply for TANF at
your local social services office.
If you apply for SSI benefits and are
approved, you will generally become eligible for Medicaid. In some states, you
will be enrolled automatically. In most states, however, you need to fill out
an application at the social services office before you can receive a Medicaid
card.
·
Medicare-You
can be eligible for Medicare coverage only if you are 65 or older or if you
have been eligible for SSDI disability benefits for the previous two years. You
should first apply for SSDI, and then wait for two years to be covered by
Medicare.
·
Veterans Health Care-To receive Veterans Health Care benefits you must
enroll with an initial application. All veterans are encouraged to enroll, even
if they are automatically eligible due to a disability.
To apply, complete VA form 10-10EZ, which you can obtain by visiting, calling or writing any VA health care facility or benefits office or by calling the toll-free number 1-877-222-8387. You can also find this form online by pointing your browser to www.va.gov/1010ez.htm.
Other
Benefits
·
TANF-To
apply for TANF benefits upon release, go to your local social services office.
You will need to show that you are eligible because you are caretaker to a
child and your income and resources are below the TANF limits.
·
Food Stamps-Food
Stamps are awarded to “households,” but that can mean one person.
Each
state has a Food Stamp Information Hotline. You can find your state’s number
online at www.fns.usda.gov/fsp/contact_info/hotlines.htm.
Each state has its own application form, and some states have them on the
state’s website. Otherwise, you can apply at your local social services office.
Food Stamp applications include an
interview. If you have a disability, the interview may be conducted by
telephone.
If you want to complete the application
process before you are released from jail or prison, you can authorize another
person to apply and be interviewed on your behalf. You must designate this
authorized representative in writing.
The Department of Agriculture has
information about eligibility requirements that will help you learn if you may
be eligible for Food Stamps, online at www.fns.usda.gov/fsp/applicant_recipients/eligibility.htm
For
Help in Applying for Benefits
You can have assistance to apply for any
of these benefits. The agencies that run these programs will often work with your
family, close friends or lawyer, if you authorize them to do so. This can be
very helpful if you are still in jail or prison.
Another source of assistance may be
community mental health programs. These agencies have information about benefit
programs and their staff can help you apply. If you wish to use public mental health
services, contact your local community mental health agency-listed in the phone
book-to ask for assistance.
If you are turned down for benefits, you
may want to contact an advocacy program. Lawyers and advocates with the
following groups can help you appeal:
ü
Protection and Advocacy Systems-Each state has a Protection and Advocacy (P&A)
system for people with disabilities. These agencies have information about
benefit programs and can provide assistance if you have difficulty getting the
benefits to which you believe you are entitled.
To find the P&A in your state, check online at www.napas.org and click on “about P&As/CAPS.”
ü
Legal Services-Legal
services programs in every state provide legal assistance in civil (not
criminal) issues to people who cannot afford a lawyer. They can help you appeal
a denial of benefits if you qualify as low income after your release. To find
the program in your state, go online to www.lsc.gov
and click on “Get Legal Assistance.”
For
More Information
For more
information about the benefit programs listed here, you can contact the federal
agencies:
ü
The Social Security Administration can answer questions about SSI, SSDI and Medicare.
Their 24-hour automated toll-free number is 1-800-772-1213. You can speak to a
representative on weekdays between
ü
The Veterans Administration has information on its disability benefits and health
care programs online at www.va.gov. Use
“search” and type in “incarceration” to get information about benefits for veterans
who are incarcerated in jail or prison.
For information on health benefits, go to www.va.gov/elig or click on “Health” at the
VA’s home page. Or you may call 1-877-222-8387 for more information on health
benefits. To talk to someone about any of your VA benefits, call your VA
Regional office (you can reach this by dialing 1-800-827-1000).
ü
Food Stamps-Information
about Food Stamps is online at www.fns.usda.gov.
For assistance, contact your local office, listed in the phone book under Food
Stamps, Social Services, Human Services, Public Assistance or a similar title.
ü
Medicaid and TANF-Contact your local social services office, listed in the phone book.
1 The office where you apply for Medicaid, Food
Stamps or TANF may be listed in the phone book as the Department of Social Services or Human Services, or the Welfare
Office. We refer to it here as the social services office.
2 Technically,
you can restart your SSI checks as long as your SSI has not been suspended
longer than 12 consecutive months.
Depending on the date of your arrest this can be a little more than one year.
However, it can never be 14 months or
more.
3
4
Arkansas,
Colorado, Florida, Hawaii, Illinois, Iowa, Louisiana, Maryland, Minnesota,
Nevada, New Jersey, North Carolina, Rhode Island, South Carolina.
For more information, contact
The
NAMI of Greater
(312) 563-0445
Fax 312-563-0467