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Can someone who is in prison and not receiving any benefits apply for SSI?

Question:

Can someone who is in prison and not receiving any benefits apply for SSI?

Answer:

  • Social Security has what they call Pre-release Procedures for individuals who want to apply for SSI while they are still in an institution (jail, prison, state hospital, etc). The general rule is that an individual can apply 30 days prior to their expected release date, although there are exceptions. Some SSA field offices set up informal or formal pre-release agreements with local institutions to extend that time period up to 90 days prior to release. If there is no pre-release agreement currently in place with his institution and that field office, you could speak to the manager at the SSA office and see about setting up an agreement, especially if you are going to be assisting with multiple prerelease applications at this institution. When you submit the application you will need to bring a letter from the institution stating that the applicant is expected to be released on a specific date. SSA has a brief FAQ on the SSI Prerelease Procedure for additional information: http://www.ssa.gov/ssi/spotlights/spot-prerelease.htm