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Prison

If someone goes to prison that is drawing first disability then changed to retirement, he is over 66 yrs old. Will he lose his checks?


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If you get retirement, survivors or disability benefits and you are in jail and convicted of a crime, your monthly benefits will stop after you remain in jail for more than 30 continuous days following your conviction date. If you are in jail awaiting trial, you will continue to get your check until you are convicted.

For example, if you were in jail on March 21, 2001 and were convicted of a crime on March 29, 2001, and you stay there to serve a six-month sentence, your benefits will stop beginning with your March 2001 check which is the check you receive in April 2001.

You must report to the SSA if you are confined in jail. Failure to report, and continuing to receive benefits, may result in an "overpayment" which you may have to pay back to the SSA.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1224

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1207

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1216

Hello,
I understand ssi thought on this, but it really sounds unfair. A person works his whole life and is entitled to his retirement while other prisoners essentially lose nothing. A lot of government employed inmates still receive pensions, how is this fair? It sounds like their has to be a way to fight them on unfair treatment due to other prisoners not paying anything to be in prison. A person entitled to ssi retirement essentially is paying his way through prison while someone not entitled to retirement pays nothing. Anyone know any lawyers willing to fight this unfair treatment?

There was a recently decided case (Fowlkes v. Thomas -- Second Circuit Court of Appeals) which was decided in January, 2012 regarding this. The case involved the "No Social Security Benefits for Prisoners Act" which was enacted in December 2009.

The decision does not seem to hold out much hope for action against this law and this practice of no benefits for prisoners.

http://blogs.findlaw.com/second_circuit/2012/02/no-means-no-courts-denie...

http://www.ca2.uscourts.gov/decisions/isysquery/818817df-4700-46a0-819d-...

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Not affiliated with the US Social Security Administration