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.
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
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 .)
Same in the UK - go to prison - all benefits (including state pension) cease, even while on remand.
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.
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?
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.
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.
I’m pretty sure it isn’t true since the Government now pays compensation in some (narrow) circumstances.
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.
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 with higher than average life expectancy.
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.
Huh?
He still can get Supplemental Security Income if he financially qualifies. Admittedly, that ain’t much.
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.
If you are off work after an accident, and claim sickness benefit etc, you have to repay it when you finally get the money
Maybe from the Blood Bank? Or the Brain Trust?
Sickness benefits from who?