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Effect of Incarceration on Social Security Benefits

An individual who resides in a penal institution such as a jail or prison for a full calendar month can no longer receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. Individuals who are incarcerated must notify the Social Security Administration (SSA) of their changed status with respect to the incarceration. Payments that are received in the face of a jail term lasting longer than a month will be considered overpayments and must be repaid. Though a prisoner's social security benefits are suspended while he remains incarcerated, the payment of benefits to his eligible family members will be unaffected. With respect to SSDI benefits, individuals who are in jail awaiting trial will continue to receive their benefits until such time that they are convicted.

Representation and the SSDI Process

When a claimant seeks social security disability benefits, he may select an individual to represent him in that endeavor. The representative may act on the claimant's behalf at all levels of the administrative proceedings. However, accepting the representation responsibilities does not entitle the representative to a fee for his services absent approval by the Social Security Administration (SSA).

Jones Act of 1920

The purpose of the Jones Act of 1920, also known as the Merchant Marine Act, is to provide compensation for seamen who have been injured in the course of their employment. Like the Federal Employers' Liability Act for railroad workers, the Jones Act is an alternative to traditional workers' compensation statutes. The Jones Act allows an injured seaman to pursue a negligence action against his employer for money damages that represent, among other things, lost wages, pain and suffering, and emotional distress. Should the injury result in the seaman's death, the Jones Act also authorizes an action by the seaman's personal representative, with any damages recovered going to the seaman's spouse, children, or parents as the case may be.

Arbitration and Mediation

Alternative dispute resolution (ADR) has come to play an increasing role in the resolution of workers' compensation disputes. Almost half the states now offer arbitration and/or mediation as viable ADR methods.

Becoming "Insured" for Social Security Disability Insurance Benefits

An individual becomes "insured" and thereby eligible for Social Security Disability Insurance (SSDI) benefits by earning Social Security credits and paying Social Security taxes, which are deducted from the individuals' paycheck. The credits are allocated to individuals based on the amount of their earnings. For each $ 900 earned in 2004, the individual is given one credit. A maximum of four credits can be earned for the year. The earnings-to-credit ratio is adjusted each year to take into account earnings increases. Once earned, an individual's credits are forever attributed to them even if they have periods of unemployment or change jobs.