October 15 – Effect of Work on Suspended SSDI While Incarcerated
Question: I am working with a beneficiary who had his Social Security Disability Insurance (SSDI) suspended when he was incarcerated. He is starting a work release program but is still considered incarcerated, therefore his SSDI is still suspended. Will the work he does through the work release program count as Trial Work Period (TWP) months or when making a Substantial Gainful Activity (SGA) decision?
Answer: Yes. When a Title II beneficiary meets the prisoner suspension provisions, the Title II claim is not terminated, it’s merely suspended. As a result, the beneficiary remains entitled, just not eligible to receive a cash benefit. The same entitlement rules that apply to Title II beneficiaries receiving a cash benefit also apply to those whose benefit is suspended.
Prior to reinstating the Title II, Social Security must review their claim to ensure they are still entitled to the benefit. POMS GN 02602.005 explains, “Review the record and determine if the beneficiary still meets all factors of entitlement and eligibility before paying benefits; e.g., work deductions or child in care deductions, etc. For factors that may affect title II benefit eligibility, see GN 02602.005.”
Would you like to find out more about WIPA and your benefits? Contact your statewide WIPA Program-Project 20/20 if you have questions like our Daily Tips or want to learn more about working while receiving social security disability benefits. Call our North Augusta office at 803-279-9611 or the Ticket to Work Helpline at 1-866-968-7842. You can also complete a Contact Us or Self-referral Form.