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Confinement in a Correctional Institution

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

1850. Confinement in a Correctional Institution

1850.1 Do you receive benefits if you are in a correctional institution?

Your benefits are withheld for any month, or any part of a month, you are confined for more than 30 continuous days in a correctional institution in the U.S. based on a conviction.

1850.2 Are your benefits withheld even if you have a mental impairment?

Your benefits are also withheld if you are confined by court order for more than 30 continuous days to an institution in the U.S. at public expense in connection with a verdict or finding that you are:

  1. Guilty but insane with respect to a criminal offense;

  2. Not guilty of a criminal offense by reason of insanity;

  3. Incompetent to stand trial under an allegation of a criminal offense; or

  4. Found to be under similar conditions (such as mental disease, mental defect, or mental incompetence) with respect to a criminal offense.

1850.3 Are there any other situations when benefits are withheld because you are confined in an institution?

Your benefits are withheld if, after completing a sentence based on conviction of a crime, an element of which was sexual activity, you are confined by court order for more than 30 continuous days in a U.S. institution at public expense based on a finding that you are a sexually dangerous person, sexual predator, or a similar finding.

Last Revised: Jul. 28, 2006

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