(a) General. No monthly benefits will be paid to any individual for any month any part of which the individual is confined in a jail, prison, or other penal institution or correctional facility for conviction of a felony. This rule applies to disability benefits (§ 404.315) and child's benefits based on disability (§ 404.350) effective with benefits payable for months beginning on or after October 1, 1980. For all other monthly benefits, this rule is effective with benefits payable for months beginning on or after May 1, 1983. However, it applies only to the prisoner; benefit payments to any other person who is entitled on the basis of the prisoner's wages and self-employment income are payable as though the prisoner were receiving benefits.
(b) Felonious offenses. An offense will be considered a felony if—
(1) It is a felony under applicable law: or
(2) In a jurisdiction which does not classify any crime as a felony, it is an offense punishable by death or imprisonment for a term exceeding one year.
(c) Confinement. In general, a jail, prison, or other penal institution or correctional facility is a facility which is under the control and jurisdiction of the agency in charge of the penal system or in which convicted criminals can be incarcerated. Confinement in such a facility continues as long as the individual is under a sentence of confinement and has not been released due to parole or pardon. An individual is considered confined even though he or she is temporarily or intermittently outside of that facility (e.g., on work release, attending school, or hospitalized).
(d) Vocational rehabilitation exception. The nonpayment provision of paragraph (a) of this section does not apply if a prisoner who is entitled to benefits on the basis of disability is actively and satisfactorily participating in a rehabilitation program which has been specifically approved for the individual by court of law. In addition, the Commissioner must determine that the program is expected to result in the individual being able to do substantial gainful activity upon release and within a reasonable time. No benefits will be paid to the prisoner for any month prior to the approval of the program.
[49 FR 48182, Dec. 11, 1984, as amended at 62 FR 38450, July 18, 1997]
Notes of Decisions
Cited in
38
cases (
11 in the last 5 years), 1987–2026 · leading case:
Lax v. Astrue, 489 F.3d 1080 (10th Cir. 2007).
Lax v. Astrue, 489 F.3d 1080 (10th Cir. 2007).
“20 C.F.R. § 404.468 (2006). 3 .Lax was also enrolled in "LR Careers" and "LD IV R English” and took ninth grade social studies four times.”
William Price v. Carolyn Colvin, 794 F.3d 836 (7th Cir. 2015).
“All we know, so far as the past is concerned, is that he was adjudged disabled in 1988, 1991, and 2007, and that his benefits should have been terminated in 2005 because that year he was sent to prison for a felony sex offense and imprisonment for a felony automatically…”
Ogden v. Bowen, 677 F. Supp. 273 (M.D. Penn. 1987).
“See 20 C.F.R. § 404.468 . 3 Moreover, under 20 C.”
Young v. Young, 2009 UT App 3 (Utah Ct. App. 2009).
“1 See 20 C.F.R. § 404.468 (1984) ("No monthly [social security] benefits will be paid to any individual for any month any part of which the individual is confined in jail, prison, or other penal institution or correctional facility for conviction of a felony.”
Casalvera v. Comm'r of Soc. Sec., 998 F. Supp. 411 (D. Del. 1998).
· cites it 2× “The Commissioner found that plaintiffs benefits were properly suspended pursuant to 20 C.F.R. § 404.468 (a), because of plaintiffs incarceration for a felony conviction.”
Gully v. Colvin, 593 F. App'x 558 (7th Cir. 2014).
“Psychiatric Ass’n, Diagnostic and Statistical Manual of Mental Disorders 16 (5th ed.2013), the GAF score was still in use at the time of the psychiatric evaluations recounted in this record.”
Wilkins v. Callahan, 127 F.3d 1260 (10th Cir. 1997).
“The applicable agency regulation is found at 20 C.F.R. § 404.468 .”
Segura v. Barnhart, 148 F. App'x 707 (10th Cir. 2005).
“See 20 C.F.R. §§ 404.468 , 416.22. With his current application, filed upon his release from jail, Mr.”
Joseph Aruanno v. Comm'r Soc. Sec., 471 F. App'x 87 (3rd Cir. 2012).
“§ 402 (x)(l)(A); 20 CFR § 404.468 . The regulations indicate that nonpayment of benefits due to incarceration is considered an initial determination.”
Muldoon v. Astrue, 590 F. Supp. 2d 188 (D. Mass. 2008).
“) Due to his incarceration, Muldoon is unable to receive social security benefits under 20 C.F.R. § 404.468 (a) (1997); however, his children are entitled to benefits under 20 C.”
— 20 C.F.R. § 404.468(a) — 1 case
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