What Happens to Disability Benefits in a Halfway House or Mental Health Facility Following Jail

Living in any kind of institution managed by Department of Corrections will generally cause your disability benefits to be terminated.

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If you receive Social Security disability or SSI disability benefits, your benefits will generally be stopped when you begin serving a sentence pursuant to a conviction; this is true even if your sentence is served outside of a traditional prison facility.

When Benefits Will Be Stopped

Your benefits will be stopped in the following situations.

Halfway house. You cannot receive disability benefits while you are in a halfway house (or "residential reentry center"), if that halfway house is controlled by your state's Department of Correction. Once you have completed your sentence or are placed on parole, your benefits can be restarted.

Civil commitment. If you were found not guilty of a crime due to insanity, and you were transferred from jail to a civil mental health facility, you cannot receive benefits until you have been released from the facility.

Reversal of conviction. If your benefits were stopped because you were incarcerated because of a conviction, they will be restarted only if the court reverses your conviction and states it will not retry you on the original charges. If your case is retried, you must be found not guilty to have your benefits restarted.

Intermittent incarceration. You cannot receive benefits if you are enrolled in a work release or educational program as a result of your conviction, even though you may occasionally be outside a correctional facility.

Hospitalization. You cannot receive benefits if you are hospitalized outside a correctional facility while still under the control of your state’s Department of Corrections.

Appeals. You cannot receive benefits while your conviction is being appealed if you are incarcerated or living in any of the above situations.

When Benefits Will Not Be Stopped

Your benefits will not be stopped in the following situations.

Parole or probation. You can receive your disability benefits if you are placed on parole or probation, so long as you are compliant with the terms of your release.

Home monitoring. You can get disability benefits while on home monitoring. If you are put on home monitoring following jail time, after you are released from jail, make sure you contact the Social Security Administration and inform them of your release and your change to home monitoring.

Incarceration pending trial. If you are incarcerated pending your trial (in lieu of paying a bond), you are still eligible for disability benefits. If you are convicted and begin serving your sentence, your disability payments will be stopped.

Learn about how a felony conviction or doing jail time affects disability benefits.

by: , Contributing Author

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