Mar
29
2011
By Guest (not verified)
My husband passed away in July of 2006. I started to receive my benefits soon after. I had opted for mothers benefits. I was incarcirated in September of 2006 until December 2007. I was out from December 2007 until February 2009, when i was reincarcirated again until April 2010. I have since then gotten off parole and am doing well, but have still not received any benefits. My daughter is still in the care of my parents, they have temporary guardianship. Am I still eligible to receive my benefits or do i have to keep on forfiting them?
Effect of jail on survivor benefits
All the facts of your situation are not clear from the post. Assuming you are under age 50, it is your child who would be the beneficiary of the survivor benefits, and you or other representative payee (guardian etc.) would receive the funds for the benefit of the child.
Note that one CAN serve as a representative payee while in jail. Social Security will look into whether you are still the best person to manage the payments on behalf of the Social Security beneficiary. The fact that you are in jail does not automatically mean that you cannot continue as a representative payee.
Considering this, it's certainly possible that you can become the representative payee for your child, but this depends on your situation.
Upon release from prison, you should contact your local Social Security office with your release papers and see about becoming the representative payee.
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1224
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1243
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1245