Q & A
Ask Rusty – I’m being Released from Incarceration. What Are My Social Security Options?
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
Dear “D” in Danbury: I’m afraid you cannot receive Social Security benefits while you are incarcerated, even if you are eligible for them prior to your release. Thus, you cannot get retroactive Social Security benefits for any period you were still incarcerated. For clarity, although most who apply at a later age (e.g., in their 70s) do have the option to claim retroactive benefits, you cannot get any SS benefits for any month you were still incarcerated. Further, you will not get credit for delaying your application for SS benefits while you are incarcerated (you won’t earn Delayed Retirement Credits (DRCs) during your incarceration).
Assuming (from what you shared) that you expect to be released from incarceration in the fall of 2029, you can apply for your SS benefits to start upon your release. Be aware, however, that it usually takes several months for your application for SS benefits to be processed, and you can specify the month you wish your benefits start. Your benefit amount will be based upon your average monthly earnings for the 35 highest earning years over your lifetime. But you cannot get retroactive SS benefits for time prior to your release from incarceration. Since Social Security does not pay benefits for partial months, you can file for your SS benefits to start effective with the month following the month in which your incarceration ends. Be sure you have your official prison release documentation (parole or discharge papers) in hand when you apply for your Social Security benefits.
FYI, some correctional facilities have a “Prerelease Agreement” with Social Security, which may enable you to file for your SS benefits three to four months prior to your release from incarceration. Be sure to check with your facility to see if they have such an agreement with Social Security and, if so, use it to apply for your benefits in advance of your release. This will facilitate your SS benefits starting more quickly upon your release.
You did not ask about healthcare coverage, but since you will be eligible for Social Security, you will also be eligible for Medicare upon your release. When you apply for your Social Security benefits, you can also apply for Medicare Part B (coverage for outpatient medical services), the premium for which will be deducted from your Social Security payment. FYI, Medicare Part A (coverage for inpatient hospitalization services) is free and automatic because you are also eligible for Social Security.
Finally, regarding survivor benefits from your ex-wife, you can only get a surviving ex-spouse benefit if you were married for more than 10 years and your own SS retirement amount is less than your ex-wife was receiving at her death. In other words, you can only get one SS benefit – either your own or your deceased ex-wife’s amount, whichever is higher.