Keys to Federal Benefits Access
About
Background
What issues does this tool address?
Significant numbers of people with serious mental illnesses are admitted to U.S. jails and prisons each year,[1] and many of them may be eligible for federal benefits or entitlement programs such as Medicaid and Supplemental Security Income and Social Security Disability Insurance (SSI/SSDI) upon release from jail or prison. For example, preliminary results from one study in Oklahoma indicated that 63 percent of inmates entering Oklahoma Department of Corrections facilities were not enrolled in Medicaid but were probably eligible, while 15 percent of these inmates were Medicaid enrolled upon entry into the DOC.[2]
Enrollment in these programs can improve access to mental health and other services and supports which, in turn, facilitates compliance with conditions of release, thus increasing public safety and reducing spending on jails and prisons. Although studies and anecdotal reports highlight the important role benefits serve in promoting continuity of care, few individuals with serious mental illness receive such entitlements promptly upon release from jail or prison, if at all.
In many cases, case managers working with correctional facilities lack resources to assist individuals with serious mental illnesses in applying for benefits or reinstating eligibility. Further complicating matters, jail and prison administrators and other officials may be unsure how to initiate better discharge planning processes in light of complicated federal and state regulations that govern how incarceration affects Medicaid and SSI/SSDI eligibility. This tool addresses these issues by highlighting four key elements of connecting individuals to benefits: eligibility, documentation, applications, and continuity of care. Within each "key," related policies are recommended along with state examples and relevant background information.
Why focus on Medicaid/SSI/SSDI?
This tool recommends policies related to Medicaid and SSI/SSDI benefit access because both are major pathways through which individuals with mental illness returning from jail and prison can access health care, housing, and other essential supports. In addition, while limited research has evaluated the impact of benefits access on recidivism and re-arrest rates, anecdotal information and smaller scale studies indicate that such access can play a crucial role in promoting public safety (see Justice Center publication, How and Why Medicaid Matters for People with Serious Mental Illness Released from Jail for further details).
To be sure, other types of benefit programs, such as food stamps or housing vouchers, may be extremely important to an individual's successful reentry into the community. For more information on other types of benefit programs and how incarceration affects previous or current eligibility, see the Justice Center federal benefits chart.
What is the scope of this tool?
The recommendations in this tool are intended to help corrections directors, human services and social security officials, and other representatives overseeing policy decisions that affect individuals with mental illnesses returning from the criminal justice system review policy recommendations in four key focus areas: eligibility, documentation, applications, and continuity of care. With this goal in mind, the recommendations should ideally be reviewed and ultimately implemented by interagency groups with representatives from corrections departments state agencies overseeing Medicaid and mental health, and local and regional Social Security offices.
Finally, this tool outlines policies that are relevant to individuals with serious mental illness in jail or prison who may be eligible for SSI/SSDI and Medicaid upon release. However, given the time and logistics involved in coordinating applications for these benefit programs, the information in this tool is less relevant to situations involving individuals who are incarcerated for less than six weeks, individuals being transferred between jails and prisons, individuals being transferred between state and federal prison systems, and individuals being detained for immigration issues.
Acknowledgments
With the support of the Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, the Council of State Governments Justice Center developed this tool based on the Report of the Re-Entry Policy Council and other materials. Justice Center staff are indebted to Brian Haile of Alicia Smith Associates for his assistance in developing and reviewing the content for this tool. In addition, Yvonne M. Perret, executive director, Advocacy and Training Center, provided valuable feedback.
Finally, Justice Center staff thank members of an Oklahoma interagency work group focused on connecting eligible individuals to benefit programs promptly upon release for participating in a discussion about the issues highlighted in this tool. In particular, Bob Mann, coordinator of Clinical Social Work Services, Oklahoma Department of Corrections, and Henry Ireys, senior researcher, Mathematica Policy Research, played an integral role in ensuring that the content of this tool was accurate and useful.
[1] Prevalence estimates of serious mental illness in jails range from 7 to 16 percent, or rates four times higher for men and eight times higher for women than found in the general population. From Paula Ditton (Bureau of Justice Statistics), Special Report: Mental Health and Treatment of Inmates and Probationers (Washington, D.C.: U.S. Department of Justice, 1999); Substance Abuse and Mental Health Services Administration, The Prevalence of Co-Occurring Mental and Substance Use Disorders in Jails, rev.ed. (Delmar, N.Y.: National GAINS Center, 2004). L. Teplin, K. Abram, and G. McClelland, “Prevalence of Psychiatric Disorders Among Incarcerated Women: Pretrial Jail Detainees” Archives of General Psychiatry 53 (1996): 505–512.
[2] From FY 2004; Henry T. Ireys, "Medicaid Eligibility After Release from State Institutions" (PowerPoint presentation, Mathematica Policy Research, Baltimore, Md., September 2007).

