Workers' Comp & SSDI Support

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bogus! just bogus!

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  6982.1
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  Sep-17 11:36 pm
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my husband is on disability, ssdi he had to go do 30 days in jail cuz he got caught driving on a revoked license, he went in the 26th of july he got out aug 24th because he was incarcerated for parts of both months, they held his check for last month and this month! totally bogus!!so how do we pay the rent? our water is going to be shut off any day, i just dont understand, the bills still have to be paid whether he is here or in jail i could understand if he was single and didnt have a family and i read on thessa website that it hadto be over 30 days for them to take it in the first place!i just dont know what to do.
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bogus! just bogus!

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  6982.2 in response to 6982.1
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  Sep-19 11:52 am
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I can understand your frustration having had a similar situation when my dad passed away.  He was receiving retirement benefits and passed away on December 23rd.  Since he wasn't alive for the entire month the bank had to return his benefit check.  It didn't matter that he accrued bills for 23 days of the month and my mom still had a mortgage and needed to eat, he wasn't eligible and my mom had nothing to live on that month.  The following month she was eligible to collect his benefits but that was a full month with no income at all.  

I could find nothing that stated the confinment had to be 30 days but did find the following on Social Security's website.

Social Security benefits are not paid for the months you have been sentenced to a jail,  prison or correctional facility or confined to certain public institutions for committing a crime. And, no benefits can be paid for any month in which you violate a condition of your probation or parole.

Although you cannot receive monthly Social Security benefit payments while you are confined, your spouse or children can be paid benefits on your record if they are eligible. 

After arguing with Social Security over my father's benefits this is how I interpreted this:  Any part of a month affects the entire month.  Since his confinement was part or 2 months they considered each month separately and considered it to be 2 full months.   If he was getting any benefits for dependents such as children or if you were also collecting benefits based on his work history those benefits would have been paid. 

Is that fair, no way.   You could try contacting your congressman to see if there's anything they could do on your behalf. 

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bogus! just bogus!

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  6982.3 in response to 6982.2
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  Oct-11 8:12 am
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dh called his lawyer and he said he couldnt sdvise him on it cuz he wasnt familiar with it, so i called disability and they said to file an appeal cuz they couldnt find anything about 30 days or under either soi will file the appeal im his payee that is why i say i 
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