Entering the Community After Incarceration
How the Social Security Administration Can Help
Rebecca Ortiz
The COVID-19 pandemic continues to impose hardships, especially on people who contend with barriers when trying to access services and benefits. This especially includes inmates who are preparing to reenter the community.
The Social Security Administration (SSA) has developed a prerelease procedure to help individuals whose Supplemental Security Income (SSI) or Social Security benefits were reduced, suspended, or terminated because of their incarceration and who are now in the process of reentry. This prerelease procedure allows individuals to apply for benefits several months before their anticipated release so that benefits can begin quickly after they reenter society.
An application filed by the facility on behalf of the inmate before the inmate’s release allows SSA to make a determination based on what the situation will be after the facility releases the individual.
This allows eligible individuals to receive SSI or Social Security payments shortly after they leave jail. The prerelease procedure can help to prevent homelessness and reduce recidivism.
When notified by the institution, Social Security follows this procedure if the inmate is likely to be eligible for benefits within 30 days of his or her scheduled release date. Either the local Social Security office or the institution may initiate a discussion about setting up a prerelease agreement. The prerelease agreement may be an informal verbal agreement or may be a written agreement signed by both parties. A sample of a prerelease agreement is available by clicking the link at the end of this article.
This prerelease procedure allows individuals to apply for benefits several months before their anticipated release so that benefits can begin quickly after they reenter society.
In a typical prerelease agreement, the Social Security office does the following:
• gives guidelines about what evidence is needed,
• provides a contact person to assist the institution and the inmate in applying the prerelease procedures,
• processes claims and reinstatements in a timely manner, and
• notifies the institution promptly when Social Security has made a decision about the inmate’s eligibility for benefits.
In return, the institution agrees to do the following:
• notify Social Security of people scheduled for release in the near future who may be eligible for benefits.
• provide available current medical evidence or nonmedical information for the inmate including a statement about the inmate’s ability to handle funds.
• provide Social Security with the anticipated release date.
• notify Social Security as soon as the inmate is released or of any changes that delay the release date.
Once a prerelease agreement is established, Social Security will maintain the arrangement by:
• Review and renew prerelease agreements when there is a change in circumstances to ensure they operate effectively.
• Ensure that the institution still refers prerelease cases.
• Contact the institution’s staff to discuss problems and to determine if they are satisfied with how the prerelease procedure is working.
• Provide refresher training, as needed.
Ultimately, a prerelease agreement allows both parties to streamline the process for starting or restarting benefits promptly after an inmate is released from an institution and facilitates the inmate’s return to the community by providing him or her with an adequate source of income. For more information on prelease agreements, visit the Social Security website at https://secure.ssa.gov/POMS.nsf/lnx/0500520910 or https://secure.ssa.gov/poms.nsf/lnx/0500520930. To locate a field office, visit www.ssa.gov/locator/. _______________________ Rebecca Ortiz is a Social Insurance Specialist in the Office of Communications at the Social Security Administration. Her mission is to spread awareness about Social Security programs and services. She can be reached at rebecca.a.ortiz@ssa.gov.