I'm Being Released From Incarceration, What Are My Social Security Options?
Listen to this episode
“In this podcast, Rusty is contacted by a 71 year old person who is incarcerated and who is looking forward to being released in about 3 years. That person asks about applying for their Social Security benefits, and whether they are entitled to more because they waited longer to claim benefits. The rules about Social Security for incarcerated persons can be tricky, but Rusty explains all this person needs to know about his benefits upon his release from prison.”
Dear Rusty: In a previous column, you wrote about people who filed for Social Security late in life. I am currently incarcerated and will be filing for Social Security in the fall of 2029. I will be 74 years old in the first week of January 2029. Unless I read it wrong, could I be eligible to collect the previous 6 months? If this is so, how would that work? Would I get that all at once or incrementally? According to the chart we once got in the mail, I should be collecting the maximum amount. I’ve worked all of my life and never collected Social Security before. Also, my ex-wife remarried and has since passed away. Do I qualify for part of her Social Security? Signed: “D” in Danbury
Rusty’s answer in brief
Social Security pays no benefits for any month a person is incarcerated, so there are no retroactive benefits for that time and no delayed retirement credits build up. Benefits can start the month after release, so it helps to have release papers ready; some prisons have a prerelease agreement with Social Security that lets people apply three to four months before release.
Medicare Part A comes automatically with Social Security, and Part B can be added when applying. A surviving ex-spouse benefit is possible only if the marriage lasted more than 10 years, and Social Security pays only the higher of the two benefits.
This recording presents the viewpoints of the AMAC Foundation’s Social Security Advisory Staff, trained and accredited under the National Social Security Advisors program of the National Social Security Association, LLC (NSSA). NSSA and the AMAC Foundation are not affiliated with or endorsed by the United States Government, the Social Security Administration, or any other state government. To request additional information, contact our Advisory Staff at 888-750-2622, or email us at SSAdvisor@AmacFoundation.org.