Supplemental Security Income During and After Incarceration

Supplemental Security Income During and After Incarceration

January 31, 2024
Supplemental Security Income During and After Incarceration
Background
example, from April 29 through May 30—remain eligible
Certain people who are incarcerated are not eligible for
for SSI until they have been continuously incarcerated from
Supplemental Security Income (SSI) payments but may be
the first day of a month through the last day of the same
able to receive them once released. There is congressional
month.
interest in ensuring that eligible people—including eligible
individuals with disabilities and low incomes leaving
Individuals are also generally ineligible for SSI in any
prison—are able to access SSI payments if they meet
month during which they are fleeing to avoid prosecution,
program rules while also making sure that SSI payments are
custody, or confinement for a felony (or an attempt to
made only to those who qualify for them. This In Focus
commit a felony). Under current policy, SSA does not
explains how incarceration affects eligibility for SSI and the
suspend or deny SSI payments based solely on a probation
process for starting or resuming SSI payments following
or parole violation.
incarceration.
What Happens to Recipients’ SSI
The SSI program—administered by the Social Security
Payments When They Are Incarcerated?
Administration (SSA)—provides monthly cash payments to
Individuals receiving SSI payments at the time they are
people who (1) have qualifying disabilities or blindness or
incarcerated will have their SSI payments suspended on the
are age 65 or older; (2) have little or no income and
first day of the month after the first full calendar month that
resources; and (3) meet certain other eligibility criteria in
they are incarcerated. For example, if an SSI recipient is
federal law. SSI is intended to provide eligible individuals
incarcerated on May 1 and is still incarcerated on May 31,
with a guaranteed minimum income for meeting basic
the recipient’s SSI payments would be suspended on June
needs, such as food and shelter. There are no work or
1. After 12 consecutive months of SSI payment suspension,
contribution requirements to qualify for SSI payments.
SSI recipients are generally terminated from the program
However, because the program is based on need (i.e.,
and would need to reapply to resume SSI payments after
means-tested), it is restricted to people whose countable
incarceration. Incarcerated SSI recipients who have their
income and resources are (and remain) below statutorily
payments suspended for fewer than 12 consecutive months
prescribed limits.
can generally have their SSI payments reinstated—on the
earliest day of the month in which they are released from
Can People Receive SSI While
incarceration and meet all other eligibility requirements—
Incarcerated?
without having to reapply for SSI. If—after a period of
Although there are some exceptions for certain medical
ineligibility that is less than 12 months—individuals regain
facilities, individuals are generally ineligible for SSI in any
SSI eligibility partway through a month, their SSI payments
calendar month during which they reside for the entire
are sometimes prorated from the date their eligibility
month in public institutions. Public institutions are certain
resumes until the end of the month.
facilities operated or controlled by government entities that
typically serve four or more individuals and provide some
SSI recipients are prohibited from receiving any past-due
treatment or services in addition to food and shelter. Public
SSI payments (i.e., underpayments) while they are
institutions include federal, state, and local jails and
incarcerated. For example, if—before being incarcerated for
prisons, as well as certain facilities operated by private
more than a full calendar month—a former SSI recipient
entities acting as agents of federal, state, or local penal
received a lower monthly SSI payment than was owed in
authorities, such as private prisons, “halfway houses,” and
any month, the individual cannot be repaid the underpaid
juvenile treatment centers.
benefits until being released from incarceration.
Because SSI payments are designed to provide individuals
How Does SSA Know When an SSI
with a minimum income to meet their basic needs for food
Recipient Is Incarcerated?
and shelter, individuals residing in public institutions that
Because SSI is a means-tested program, individuals’ SSI
provide them with food and shelter have been determined
eligibility is periodically redetermined—and their monthly
not to require SSI payments under current law. As such,
payments may be adjusted—based on changes in their
individuals cannot receive SSI payments if they are
income, resources, living arrangements, and certain other
incarcerated for at least one full calendar month—for
factors. SSI recipients are responsible for reporting to SSA
example, from May 1 through May 31. Individuals
any changes in their circumstances that might affect their
incarcerated for less than one full calendar month are
eligibility for SSI or their monthly payment amounts,
eligible for SSI, provided they meet all other program rules.
including admission to public institutions.
SSI-eligible individuals incarcerated for more than 30 or 31
continuous days that occur in two different months—for
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link to page 2 Supplemental Security Income During and After Incarceration
Under current law, SSA also makes payments to certain
release date from a non-BOP institution. SSA may begin
state or local correctional institutions that provide SSA with
processing an SSI age 65 or older prerelease claim 30 days
timely information about incarcerated SSI recipients that
before an applicant’s expected release date regardless of
results in their benefit suspension. SSA pays each eligible
whether the applicant is confined to a BOP or non-BOP
institution a one-time payment of up to $400 per SSI
institution.
recipient suspended based on information provided by the
institution within a specified number of days after the SSI
Table 1. Time Frame of When SSA Can Begin
recipient’s confinement.
Processing an SSI Prerelease Claim
Can People Apply for SSI Before Being
SSI Claim
BOP
Non-BOP
Released from Incarceration?
Type
Institutions
Institutions
Section 1631(m) of the Social Security Act directs the
When expected release
commissioner of Social Security to develop a system under
Disability or
120 days before
date is within 30 days of
which people can apply for SSI before they are released
blindness
expected release
disability determination
from public institutions. Per its policy, SSA can process an
claim
date
average processing time
SSI application under its prerelease procedure if an
individual who is incarcerated appears likely to meet the
30 days before
30 days before expected
Age 65 or
criteria for SSI eligibility upon release and is scheduled to
expected release
release date
older claim
be released within a certain period of time after filing an
date
application. While individuals can generally apply for SSI
before their release from incarceration, SSI payments
What Happens If an Individual Is Found
cannot begin until after individuals are released.
Not Guilty?
Ineligibility for SSI payments because of incarceration is
SSA has prerelease agreements with some public and
related to an individual’s residence in a public institution
private prisons (including a national agreement with
that supplies food and shelter; it does not necessarily
Federal Bureau of Prisons [BOP] institutions) to facilitate
depend on the individual’s conviction. Thus, individuals
processing SSI prerelease applications and reinstatements
who are found not guilty but have been held in correctional
so payments can begin as soon as possible after individuals
institutions for longer than one full calendar month—for
are released from incarceration. Prerelease agreements are
example, those confined while awaiting trial and not
optional and non-binding and can be written or verbal. If
convicted—are not eligible to receive SSI payments until
there is a prerelease agreement, a representative of the
they are released and meet all other eligibility criteria.
institution (or the individual) can contact SSA before the
Alternatively, individuals found guilty but confined for less
individual’s scheduled release date. Among other
than one full calendar month or sentenced to home
responsibilities, an institution participating in a prerelease
confinement for at least one full calendar month generally
agreement might also notify SSA when an individual is
remain eligible for SSI payments, assuming they meet all
released. For information about facilities that have
other program rules.
prerelease agreements with SSA, see Transitioning from
Incarceration: Statewide Prerelease Agreements.
Additional Resources
SSA provides resources on its website about SSI payments
Individuals who are incarcerated can submit SSI
after incarceration. See Benefits After Incarceration: What
applications to SSA under the prerelease procedure
You Need to Know. This webpage provides links to SSA
regardless of whether their confining institutions have
publications, answers to frequently asked questions, and
prerelease agreements with SSA. If there is no prerelease
links to other (non-SSA) websites that provide a range of
agreement, individuals must contact SSA to provide their
other resources.
anticipated release dates. Individuals must also notify SSA
when they are released and provide official prison release
For additional information on the SSI program, see CRS In
documents.
Focus IF10482, Supplemental Security Income (SSI). Also
see CRS Report R44948, Social Security Disability
According to SSA’s policies, the time frame for beginning
Insurance (SSDI) and Supplemental Security Income (SSI):
to process SSI prerelease claims under the prerelease
Eligibility, Benefits, and Financing.
procedure varies by type of penal institution (i.e., BOP or
non-BOP) and SSI claim (i.e., disability, blindness, or age
This In Focus does not address how incarceration affects
65 or older; see Table 1). SSA may begin processing an
Old-Age, Survivors, and Disability Insurance—commonly
SSI disability or blindness prerelease claim received from a
referred to as Social Security—benefits. For information on
BOP institution 120 days before the applicant’s anticipated
Social Security benefits during and after incarceration, see
release. SSA may begin processing an SSI disability or
CRS In Focus IF12138, Social Security: Are Benefits Paid
blindness prerelease claim received from a non-BOP
to Incarcerated Individuals?
institution when the applicant’s expected release date is
within 30 days of the estimated time for getting a disability
determination (made by state agencies). For example, if it
Emma K. Tatem, Analyst in Social Policy
takes 90 days, on average, for the state agency to make a
IF12580
disability determination, SSA may begin processing a
prerelease claim 120 days before the applicant’s anticipated
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Supplemental Security Income During and After Incarceration

Disclaimer
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https://crsreports.congress.gov | IF12580 · VERSION 1 · NEW