# Social Security in prison **URL:** \ **Category:** Factual Questions\ **Created:** [October 11, 2009, 12:47am UTC](https://boards.straightdope.com/t/social-security-in-prison/513359 "2009-10-11T00:47:48Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [January 27, 2014, 3:45am UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/21 "2014-01-27T03:45:22Z")
> [@jtgain](#): > > Wouldn’t it be just like if I contributed to an IRA, but they took the money because of a conviction (unrelated to the money)? Yes, that’s possible. Assets of a convicted person (except for some specified exemptions) are liable to be court ordered seized to pay the debts owed. Including IRA’s, 401K plans, pensions, etc. It’s fairly common for a wife to be awarded a portion of her husband’s pension in a divorce court – and that’s just a civil action, without any criminal conviction. Or OJ Simpson’s profits from the book he wrote were seized in civil court, and ordered paid to his victim’s heirs. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [January 27, 2014, 6:48am UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/22 "2014-01-27T06:48:41Z")
If an imprisoned citizen, otherwise eligible for Social Security, is later exonerated (say, after some years in prison), is that citizen eligible to receive all the back-pay that was withheld? ---
**Author:** ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)\ **Post date:** [January 27, 2014, 7:16am UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/23 "2014-01-27T07:16:35Z")
> [@Senegoid](#): > > If an imprisoned citizen, otherwise eligible for Social Security, is later exonerated (say, after some years in prison), is that citizen eligible to receive all the back-pay that was withheld? The court would find that social security was merely to pay for their cost of living, and not to boost their savings or let them live a rich life. But in New Jersey’s formula, it is twice the income in the year before incarceration, and so they would have to work off social security if that was the income . In other countries the compensation may be more related to actual losses and pain and suffering, not income. That is, social security is not a ‘for profit’ excercise, so can’t be considered a loss. See the table of the states of the USA > **[Wrongful conviction compensation statutes](https://edition.cnn.com/interactive/2012/03/us/table.wrongful.convictions/)** > > CNN.com delivers the latest breaking news and information on the latest top stories, weather, business, entertainment, politics, and more. For in-depth coverage, CNN.com provides special reports, video, audio, photo galleries, and interactive guides. A moral argument for social security systems is to _reduce crime_. Obviously someone in jail is a. not worthy of receiving social security (someone not working with the intent of social security) and b. Not able to commit crime at the moment c. Costing the governments a lot of money (federal law makers are not actually oblivious , naive , of the costs borne by the states .) ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [January 27, 2014, 12:18pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/24 "2014-01-27T12:18:15Z")
Same in the UK - go to prison - all benefits (including state pension) cease, even while on remand. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 27, 2014, 2:15pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/25 "2014-01-27T14:15:02Z")
> [@Isilder](#): > > A moral argument for social security systems is to _reduce crime_. Obviously someone in jail is a. not worthy of receiving social security (someone not working with the intent of social security) and b. Not able to commit crime at the moment c. Costing the governments a lot of money (federal law makers are not actually oblivious , naive , of the costs borne by the states .) I don’t think this is the main argument. It’s really more a matter of means testing. A prisoner already has what is essentially an alternative government pension - the government is providing him his room, his meals, and his health care. So he doesn’t need social security checks on top of that. ---
**Author:** ![si\_blakely](https://avatars.discourse-cdn.com/v4/letter/s/d9b06d/32.png) [@si\_blakely](https://boards.straightdope.com/u/si_blakely)\ **Post date:** [January 28, 2014, 10:27am UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/26 "2014-01-28T10:27:58Z")
> [@Senegoid](#): > > If an imprisoned citizen, otherwise eligible for Social Security, is later exonerated (say, after some years in prison), is that citizen eligible to receive all the back-pay that was withheld? In the UK, if you are released from prison having been exonerated, you have to pay back the costs involved in keeping you in prison. Tends to eat up a fair whack of any compensation, and some people get pretty miffed about it. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [January 28, 2014, 10:50am UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/27 "2014-01-28T10:50:26Z")
> [@si\_blakely](#): > > In the UK, if you are released from prison having been exonerated, you have to pay back the costs involved in keeping you in prison. Tends to eat up a fair whack of any compensation, and some people get pretty miffed about it. Is that true? Can you provide a cite? ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [January 28, 2014, 11:51am UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/28 "2014-01-28T11:51:52Z")
> [@Little\_Nemo](#): > > I don’t think this is the main argument. It’s really more a matter of means testing. A prisoner already has what is essentially an alternative government pension - the government is providing him his room, his meals, and his health care. So he doesn’t need social security checks on top of that. The prisoner who gets screwed over is the one who spends most of his working life in prison and then gets released right around age 65 (i.e., Morgan Freeman’s character). Since he hasn’t been in the workforce, he hasn’t built up any entitlement to social security benefits in his old age. ---
**Author:** ![Koxinga](https://avatars.discourse-cdn.com/v4/letter/k/4af34b/32.png) [@Koxinga](https://boards.straightdope.com/u/Koxinga)\ **Post date:** [January 28, 2014, 2:24pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/29 "2014-01-28T14:24:13Z")
Given how relatively few black men even make it past 65, and that one of out of five of them spend some portion of their lives incarcerated, I’m surprised that nobody talks about how unfair this seems to be for that particular community. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 28, 2014, 2:44pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/30 "2014-01-28T14:44:06Z")
> [@bob\_2](#): > > Is that true? Can you provide a cite? I’m pretty sure it isn’t true since the Government [now pays compensation](http://www.falselyaccused.co.uk/wrongful-convictions/compensation-for-wrongful-imprisonment/) in some (narrow) circumstances. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [January 28, 2014, 4:27pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/31 "2014-01-28T16:27:49Z")
I just had a look at the UK position, and it seems that someone who spends a great deal of their lives in prison, will not be paying National insurance contributions. The name is a misnomer, because NI is really just another tax from earned income (11%), but you have to have paid at least 35 years in to get a full state pension. Even if you have not paid, you may still be able to claim means tested benefits. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 28, 2014, 5:29pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/32 "2014-01-28T17:29:08Z")
> [@Koxinga](#): > > Given how relatively few black men even make it past 65, and that one of out of five of them spend some portion of their lives incarcerated, I’m surprised that nobody talks about how unfair this seems to be for that particular community. Social Security doesn’t benefit many black men regardless of whether they are incarcerated. The median age of death for black males is below 65, [even in places like New Jersey](http://www.state.nj.us/health/chs/topics0401.pdf) with higher than average life expectancy. ---
**Author:** ![si\_blakely](https://avatars.discourse-cdn.com/v4/letter/s/d9b06d/32.png) [@si\_blakely](https://boards.straightdope.com/u/si_blakely)\ **Post date:** [January 28, 2014, 7:11pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/33 "2014-01-28T19:11:24Z")
> [@bob\_2](#): > > Is that true? Can you provide a cite? [http://www.theguardian.com/uk/2007/mar/14/prisonsandprobation.ukcrime](http://www.theguardian.com/uk/2007/mar/14/prisonsandprobation.ukcrime) > [@](#): > > Three men who spent a total of 46 years in prison because of miscarriages of justice today lost their legal battle not to have to pay “living expenses” for the time they spent behind bars. > Judges at the House of Lords decided by a four to one majority that those wrongfully jailed must pay back 25% of their compensation. It was the case at least in 2007. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [January 28, 2014, 8:01pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/34 "2014-01-28T20:01:50Z")
> [@si\_blakely](#): > > [http://www.theguardian.com/uk/2007/mar/14/prisonsandprobation.ukcrime](http://www.theguardian.com/uk/2007/mar/14/prisonsandprobation.ukcrime) > It was the case at least in 2007. Ah! A slightly different situation then. These guys were wrongfully jailed and subsequently compensated. It’s not like they get ten years, and then a bill when they got out. Somewhat similar to the situation where you claim after an accident. Any benefits you get while waiting for a settlement, have to be paid back. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 28, 2014, 8:23pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/35 "2014-01-28T20:23:11Z")
> [@bob\_2](#): > > Any benefits you get while waiting for a settlement, have to be paid back. Huh? ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [January 28, 2014, 9:36pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/36 "2014-01-28T21:36:34Z")
> [@Tom\_Tildrum](#): > > The prisoner who gets screwed over is the one who spends most of his working life in prison and then gets released right around age 65 (i.e., Morgan Freeman’s character). Since he hasn’t been in the workforce, he hasn’t built up any entitlement to social security benefits in his old age. He still can get Supplemental Security Income if he financially qualifies. Admittedly, that ain’t much. ---
**Author:** ![Amateur\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/a/59ef9b/32.png) [@Amateur\_Barbarian](https://boards.straightdope.com/u/Amateur_Barbarian)\ **Post date:** [January 28, 2014, 9:48pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/37 "2014-01-28T21:48:03Z")
> [@skdo23](#): > > Are zombies eligible for Social Security? Obviously, you don’t go near banks in the first few days of the month. (Probably less obvious now that so many SS checks are direct-deposit, but in the day, we got swarmed by eldsters depositing their checks on the 2nd and 3rd. Many were indistinguishable from Walking Dead - heh, heh - _bit_ parts.) And you certainly wanted to stay out of the parking lot on those days. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [January 28, 2014, 10:18pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/38 "2014-01-28T22:18:13Z")
> [@](#): > > Quote: > Originally Posted by bob++ > Any benefits you get while waiting for a settlement, have to be paid back. > Huh? If you are off work after an accident, and claim sickness benefit etc, you have to repay it when you finally get the money ---
**Author:** ![Jake](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jake](https://boards.straightdope.com/u/Jake)\ **Post date:** [January 29, 2014, 6:48pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/39 "2014-01-29T18:48:30Z")
> [@skdo23](#): > > Are zombies eligible for Social Security? Maybe from the Blood Bank? Or the Brain Trust? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 29, 2014, 6:49pm UTC](https://boards.straightdope.com/t/social-security-in-prison/513359/40 "2014-01-29T18:49:59Z")
> [@bob\_2](#): > > If you are off work after an accident, and claim sickness benefit etc, you have to repay it when you finally get the money Sickness benefits from who? [Previous page](https://boards.straightdope.com/t/social-security-in-prison/513359.md?page=1)