I am going to jail or prison. What about my Social Security and health care?
Do you need to let Social Security know you're going to be incarcerated? What will happen to your Medicare while you're in jail? Get the answers to these and other questions. #5190EN
Contents
Frequently Asked Questions (FAQ)
Read this if you live in Washington State, you get Social Security Disability benefits (SSDI), SSI benefits, and/or have health care benefits, and you know you are going to be incarcerated soon.
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If you need to tell Social Security or Medicaid that you are going to be incarcerated
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If you will keep getting your benefits while incarcerated
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If you can keep your health care while incarcerated
Not necessarily. The jail or prison should report to Social Security that you are there and your expected release date.
It's still a good idea to tell Social Security in advance yourself, if you can. If Social Security does not know you are in jail or prison, they may keep sending your checks. Since you cannot get benefits when you are in jail or prison, you will have to pay this money back. We call this an "overpayment." Read Fighting an SSI or SSDI Overpayment Notice to learn more.
It depends on how long you are incarcerated and what type of benefits you have.
SSDI—If you are in jail or prison for 30 days or more, your SSDI benefits will be suspended. Social Security will not end your benefits. They are just paused. You will not get checks while you are in jail or prison, but you will not have to reapply when you get out.
*If your spouse or children get SSDI payments on your Social Security account, their checks do not stop.
SSI—If you are in jail or prison for one full calendar month or more, your SSI benefits will be suspended. You will not get checks while you are in jail or prison. You should start getting checks again once you are released.
If you are in jail or prison for 12 full months in a row, your SSI will end. After that happens, when you leave prison or jail you will have to file a new application to get your benefits back. You will have to prove again that you have a disability and a low income.
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Less than 30 days |
30 days or more |
12 or more months |
SSDI |
Benefits not suspended |
Benefits suspended |
Benefits suspended |
SSI |
You can still get SSI |
Benefits suspended |
Benefits ended |
Medicaid / Apple Health |
Can stay on or enroll. |
Benefits paused |
Benefits paused |
No.
It depends on which type of coverage you have.
If you have Medicaid (Apple Health): If you are in jail, prison, state hospital, or a treatment facility for under 30 days, you will not lose your Apple Health. If you are there for 30 days or longer, you will lose your Apple Health.
If you have Medicare: Your Medicare Part A gets paused. You will probably lose other Medicare coverage.
Read Disabled and Leaving Prison: Starting or Restarting Social Security Disability Benefits and Health Care to learn what you will need to do.
Get Legal Help
Visit Northwest Justice Project to find out how to get legal help.