Prisoners Are Entitled To Stimulus Payments, Court Holds

prisoner stimulusA federal judge has issued a preliminary injunction that requires the IRS pay $1,200 in stimulus to prisoners, holding that prisoners are eligible for CARES Act stimulus payments. However, prisoners must act fast in order to claim their stimulus payment.

The IRS requires the submission of a form, postmarked no later than October 30, 2020, to receive the payment. I have uploaded the form and an example of how it might be completed here:

Form that prisoners must use to request the payment: https://sentencing.net/wp-content/uploads/2020/10/EIP.Prisoner.Claim_.Form_.pdf

Example of how the form should be filled out: https://sentencing.net/wp-content/uploads/2020/10/Stimulus.Prisoner.Example.pdf

Rumor is the IRS is rejecting online claim submissions by family members of prisoners. So if you want to get the stimulus payment on your books, you need to fill out the form and mail it to the IRS ASAP. I highly recommend that you send the form certified mail so you can track when it was sent.

The example completed form encourages the prisoner to list the address of the prison where they are incarcerated. But for BOP prisoners that might not be the right way to do it since payments to prisoners are sent to the BOP’s lockbox. I do not know for sure how BOP is going to handle stimulus payments that are sent to the institution. I encourage you to check with your institution for clarification on whether to list the Lockbox address (Inmate Name and Reg #, Post Office Box 474701, Des Moines, Iowa 50947-0001) or the institution address on the Form.

The address where the form must be sent to is below. Again if you are listing Des Moines, IA as the address then you would probably use the Kansas City address, but make sure to check with your institution.

If you live in… And you ARE NOT enclosing a payment use this address
Alabama, Arkansas, Delaware, Georgia, Indiana, Iowa, Kentucky, Maine, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, South Carolina, Tennessee, Vermont, Virginia Department of the Treasury
Internal Revenue Service
Kansas City, MO 64999-0002
Arizona, Colorado, Connecticut, District of Columbia, Idaho, Kansas, Maryland, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, West Virginia, Wyoming Department of the Treasury
Internal Revenue Service
Ogden, UT 84201-0002
Florida, Louisiana, Mississippi, Texas Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0002
Alaska, California, Hawaii, Illinois, Michigan, Minnesota, Ohio, Washington, Wisconsin Department of the Treasury
Internal Revenue Service
Fresno, CA 93888-0002

Good luck, and I hope you get your stimulus payment!

About Brandon Sample

Brandon Sample is an attorney, author, and criminal justice reform activist. Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).

17 Comments

  1. Nadia Reyes on October 13, 2020 at 12:33 pm

    Hello,
    Do prisoners have to file amended return if they did not put $1 on line 2b, 7b and 8b and did not put 0 on line 11b (they put $1 on line 11b). There seems to be a lot of confusion and prisoners are told their return will not be processed and they must file amended on this form by writing “amended” on top of the 1040 (not 1040x).
    Thank you in advance.

  2. Lula Willmeth on October 15, 2020 at 11:35 am

    Dear Brandon.
    We hired a lawyer to help my son
    He was on drugs because wife left him took 2 sons at a week before Christmas. Then lost job .and then dated a girl who got him on drugs.
    He was getting clean to try get custody of his boys .he tried to break up with her she accused him of touching her daughter. He was scared and plead quilty. But he is not now in saint Mary’s corectional center and he is inocent. There saying he is a 3 dangerous. He should went to a work release place.
    Plead guilty to 2 counts of child neglect. He would never do that.we hired private investor’s she is a striper and her next boy freind looks like my son .why would you date someone who looks like your ex boy freind whom you accused of tooching your daughter. They wrote
    That he is a 3 dangerous and he should be a 2. He is up for parole in 9 months. His name is Christopher Abner id #3583087 saint Mary’s corectional center 304 684-5500.my number 681-292-2440 or681-207-1991 i am his mother Lula Willmeth

  3. Emilio M Llanes on October 15, 2020 at 10:57 pm

    Can a family member be able to file the form on behalf of the prisoner

  4. Roger on October 16, 2020 at 2:57 pm

    My friend at Fort Dix who subscribed asked me to check if there was any news as to why you were blocked on Corrlinks. If you need an inmate plaintiff or an inmate to file a administrative remedy he is willing… just email me what he needs to do and I will forward to him.

  5. Annie Saywack on October 18, 2020 at 11:24 am

    My son is incacerated at a GEO Correctional Facility in Florida since 2012. Is he entitled to the stimulus check.? If so Can I fill it out and how does his signature go on it ?

  6. Janie Orem on October 18, 2020 at 3:31 pm

    I am in the process of helping my incarcerated son apply for the stimulus funds. He is in Arizona prison in Florence. He does not have a bank account and the prison will not accept the check. How do I open a checking account for him? Do I need th o become something like a power of attorney? Can I have his funds deposited into my account? I can then forward an allowed dollar amount into his trust account. Which is limited to a bit over $300 a month.

  7. Nabeilah Hammad on October 19, 2020 at 4:57 pm

    I actually have a question. My son is in prison and my question is. Do I or does he apply for his stimulus check?

  8. tammy Fain on October 20, 2020 at 5:24 pm

    My son was going to send his stimulus money to his mom because I been trying to send him money while he been in there and guard told him he had sent where he incarnated. He had to send it to felicity where he at told him to change address on his form.how can tell u how full form out .

  9. leticia proffit on October 22, 2020 at 7:28 pm

    Very helpful; thank you. Question: I see no instructions on dependents, although I tried to find them. Dependents are 18 and 19; is it necessary to write that down? I am doing this for my son who is incarcerated.

  10. Debbie L Largent on October 22, 2020 at 10:04 pm

    Need help in filing for my inmate simulas check

  11. Margaret C. Parson-Willins on October 24, 2020 at 3:56 pm

    Attorney Sample, I pray this finds you well. Thank you for the stimulus information. No one was trying to help the inmates at the institution my son is housed at, Baldwin State Prison, GA. He has filed his paperwork as you have instructed and we all pray he is rewarded with the payment.

    He is also having problems obtaining an appointed attorney for his federal habeas corpus, 2254. Do you have any advice for us in that regard?

    Thank you again.

  12. Heather on October 26, 2020 at 1:43 pm

    Can a person in a half way house apply for a stimulus?

  13. Susan Mixon on October 29, 2020 at 6:26 am

    My name is susan mixon i have a son who is incarcerated in kingmon prison his name is roderick mixon doc number is 150101 im trying to find what me or him is supposed to do to get the stimulous for inmates who qualify im sure my son qualifies for the stimulus i can be contacted at 4808452572 anytime

  14. LINDA WRIGHT on November 17, 2020 at 9:45 pm

    HOW DO I OBTAIN A FORM FOR MY INMATE FAMILY MEMBER?

  15. Mary miller on November 19, 2020 at 4:45 am

    So as of today 11/18/20 is it too late for a texas prison inmates to file for stimulus check?

  16. Alisha Kope on November 26, 2020 at 2:53 pm

    How do I send inmates stimulus check to the BOP lockbox?

  17. Charlotte Adair on December 15, 2020 at 4:02 pm

    If an inmate was supposed to send it to Kansas city mo and sent it to Texas by mistake will he still get it

Leave a Comment





Recommended for you

Federal Halfway House – Everything You Need To Know

Over the past several weeks, I have received numerous e-mails and calls from different individuals concerning federal halfway house placements that have been reduced significantly—or denied entirely—by the Federal Bureau of Prisons (“BOP”). What is going on? A variety of things, it seems. I.  Federal Halfway House – A Brief Overview The BOP has long…

The First Step Act Bill Summary Explained : A Comprehensive Analysis

The First Step Act 2018 Bill Summary: On December 21, 2018, the President signed into law The First Step Act 2018, a bipartisan effort to reform the federal criminal justice system. The Law Office of Brandon Sample has assembled this detailed analysis of the First Step Act 2018 to help the public understand the ins…

Sentencing Reform And Federal Prison News – January 2018

We are a week into 2018 and there is much buzz about what lies ahead in the year from the courts, Congress, and the U.S. Sentencing Commission for federal prison and sentencing reform. Here’s a summary of some of the highlights. (a) Congress – Sentencing Reform Different bills remain under consideration, but none have yet…