Protecting benefits during incarceration

Incarceration affects benefits, and the details matter for reentry. The Social Security Administration explains that no benefits are payable for any month a person is in jail, prison or certain other public institutions. For Social Security retirement and disability benefits, payments are suspended when a person is convicted and sentenced to more than thirty continuous days. For Supplemental Security Income, payments stop while the person is confined; if confinement lasts twelve consecutive months or longer, SSI eligibility is terminated and the person must file a new application after release. That difference between suspension and termination can mean weeks or months without income after release.

SSA notes that some institutions have prerelease agreements with local Social Security offices, which allow SSA to begin processing a claim before release. To restart benefits, SSA asks people to contact it and provide official release documents from the facility. SSA also notes that Medicare Part A continues during imprisonment, and that people whose Medicaid ended while in prison will need to contact their local office to apply again.

In Minnesota, DHS states that Medicaid is currently suspended, not terminated, for enrolled people who are in a jail or prison. Suspension can make it faster to restore coverage on release, but it still depends on accurate information reaching the county or Tribe. DHS has also applied to the federal government for a reentry demonstration that would allow Medical Assistance to cover certain services, such as case management, substance use disorder treatment coordination and a supply of medications, in the period before release at selected prisons and jails. Whether and when it takes effect depends on federal approval, so check the DHS reentry page for current status before describing it to anyone.

Waiver and other disability services generally are not delivered inside jails and prisons, and how a person's services are handled during a stay depends on program rules. Ask your lead agency or DSD policy staff rather than guessing. The practical point for case managers is to ask early: when you learn someone has been booked or sentenced, find out what happens to each of their benefits and services, and start planning for release.

Adrienne, a county case manager, learns that Tobias, who has an intellectual disability and receives SSI, Medical Assistance and waiver services, has been sentenced to fourteen months. Tobias's mother asks whether his benefits will simply start again when he gets out. Adrienne is not sure how each benefit works during a long sentence. She wants to give an accurate answer rather than a reassuring guess, and she knows the answer will shape how the family plans for his release.

Find out whether the jails and prisons that serve people on your caseload have prerelease agreements with Social Security, and save the contact information for your team.

How confident are you in explaining what happens to benefits when someone you serve is incarcerated? What would help you feel more confident?