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Social Security eligibility is regulated by federal, not state, law.

If you are already receiving Social Security benefits when your spouse becomes incarcerated, your benefits will continue, but any benefit that was payable to your spouse will stop. If the incarcerated spouse's checks or direct deposit continue after 30 days in jail or prison, you will have to return the money to the Social Security Administration.

If you were not receiving Social Security benefits prior to your spouse becoming incarcerated, you will not be eligible to file until he (or she) is released from prison.

This is a general rule to which there may be some exceptions. It would be wise to call the Social Security Administration at 1-800-772-1213 and explain your situation to a representative.

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14y ago

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