The Social Security Administration (SSA) is responsible for overseeing the distribution of various benefits, such as retirement, disability, and survivor benefits.
However, certain individuals may be ineligible for these benefits under specific circumstances. One such instance is the nonpayment of benefits to prisoners. In this blog post, we will discuss the regulations that govern the nonpayment of benefits to prisoners, as outlined in § 404.468.
Section 404.468: Nonpayment of Benefits to Prisoners
(a) General Rule
Under § 404.468, individuals who are confined in a jail, prison, or other penal institution for the conviction of a felony are not eligible to receive monthly benefits. This applies to disability benefits and child’s benefits based on disability for benefits payable for months beginning on or after October 1, 1980. For all other monthly benefits, the rule is effective with benefits payable for months beginning on or after May 1, 1983. Importantly, this rule only applies to the prisoner, and benefit payments to others entitled on the basis of the prisoner’s wages and self-employment income are payable as though the prisoner were receiving benefits.
(b) Felonious Offenses
An offense is considered a felony if it meets one of two criteria:
- It is classified as a felony under applicable law, or
- In a jurisdiction that does not classify any crime as a felony, it is an offense punishable by death or imprisonment for a term exceeding one year.
(c) Confinement
A jail, prison, or other penal institution or correctional facility is defined as a facility under the control and jurisdiction of the agency responsible for the penal system or where convicted criminals can be incarcerated. Confinement in such a facility continues as long as the individual is under a sentence of confinement and has not been released due to parole or pardon. An individual is considered confined even if they are temporarily or intermittently outside of the facility (e.g., on work release, attending school, or hospitalized).
(d) Vocational Rehabilitation Exception
There is an exception to the nonpayment provision for prisoners who are entitled to benefits based on disability and are actively and satisfactorily participating in a court-approved rehabilitation program. The Commissioner must determine that the program is expected to result in the individual being able to engage in substantial gainful activity upon release and within a reasonable time. No benefits will be paid to the prisoner for any month prior to the approval of the program.
Jane’s Story: How § 404.468 Impacts Social Security Benefits for Prisoners and Their Families
To better understand the implications of § 404.468 on the nonpayment of Social Security benefits to prisoners, we will provide an example that highlights how this regulation affects both prisoners and their families.
Jane’s Story
Jane, a 45-year-old woman, was receiving Social Security Disability Insurance (SSDI) benefits due to a severe back injury that left her unable to work. In May 2023, Jane was convicted of a felony and sentenced to three years in prison. As a result of her confinement, her SSDI benefits were suspended according to § 404.468.
Jane has a 20-year-old daughter, Emily, who is attending college and has been receiving child’s benefits based on Jane’s disability. Despite Jane’s incarceration, Emily continues to receive her child’s benefits, as § 404.468 states that the nonpayment rule applies only to the prisoner, and benefit payments to others entitled on the basis of the prisoner’s wages and self-employment income are payable as though the prisoner were receiving benefits.
While in prison, Jane is given the opportunity to participate in a vocational rehabilitation program approved by the court. This program aims to teach her new skills that would enable her to work in a different field upon her release. After six months, the Commissioner determines that Jane’s participation in the program is expected to result in her ability to engage in substantial gainful activity upon her release and within a reasonable time. Due to her active and satisfactory participation in the approved rehabilitation program, Jane’s SSDI benefits are reinstated according to the vocational rehabilitation exception outlined in § 404.468(d).
Conclusion: Understanding the regulations surrounding the nonpayment of Social Security benefits to prisoners is essential for both prisoners and their families. While prisoners may not be eligible for benefits during their confinement, other individuals entitled to benefits based on the prisoner’s income may still be eligible to receive payments.
https://www.ssa.gov/OP_Home/cfr20/404/404-0468.htm
At Hugo Fierro & Michael Perez, we are a team of dedicated professionals with a comprehensive understanding of the complexities associated with Social Security disability claims. We take great pride in utilizing our expertise to offer personalized guidance and support to our clients. Our proficient team is adept at navigating the intricate details of each case, ensuring that you receive valuable insights and customized assistance to meet your specific requirements.