DISQUS

Colorado Social Security Disability Benefits Law: Been in Jail or Prison? Get Entry & Release Dates!

  • Mary · 6 months ago
    If a person is in jail but has not been convicted of a crime yet , awaiting trial does social security benefits continue?
  • TomaszStasiuk · 6 months ago
    Hi Mary,

    Thanks for commenting. That is a good question.

    Honestly, I am not sure. I have an article which discusses how auxiliary benefits paid to spouses and children can continue despite the incarceration of the disabled individual: http://www.socialsecurityinsider.com/2009/04/do...

    But that is another matter.

    Checking the regulations (https://www.socialsecurity.gov/OP_Home/cfr20/40...) seems to suggest that benefits could continue to an incarcerated individual before conviction or even after conviction (if the conviction is not a felony or punishable by at least a year in jail or death).

    So, the regulations suggest, yes, benefits could continue during incarceration but before conviction. Although, I wonder if there isn't some other provision that would prevent the benefits from being paid.
  • philipcbanks · 4 months ago
    This is something for consideration. Interesting thought.