If I went to jail for 5 days, do I face losing my social security benefits until I reapply again?

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If I went to jail for 5 days, do I face losing my social security benefits until I reapply again?

Some girls in jail said I was going to lose my benefits for a while. Is that true? I don’t make any other money, so I dont know what I’d do. Please let me know if I should be concerned about this?

Asked on November 2, 2010 under Criminal Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, it is my understanding that a person may be denied their social security benefits while they are confined to a prison or jail or other type of penal or correctional institution for conviction of a felony.  The idea behind this rule is that prisoners have their basic needs of food, clothing and shelter taken care of while they are in jail so they do not need the money.  Those who are receiveing dependent benefits, however, will continue to receive same should the primary recipient lose them for a while.  It does not sound like this rule applies to you here but I would double check with an attorney in your area that specializes in this area of the law.  Good luck. 


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