The field office (FO) might not be able to determine that the claimant committed a felony. However, the history in the medical evidence might show the circumstances under which an impairment arose or was aggravated. The DDS must be alert to this and identify any claims not identified by the FO.

If the DDS identifies a prisoner case, and the FO did not annotate “Item 5” of the SSA-3367-F5 (Disability Report - Field Office), request FO assistance to determine whether the claimant committed a felony.

The required information includes the following:

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  date felony was committed;

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  date of conviction, if applicable;

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  date(s) of incarceration for the felony conviction;

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  name of confinement facility; and

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  release date, if applicable.

If the claimant is confined to jail, prison, a penal institution, or a correctional facility for conviction of a felony committed on or before October 19, 1980, the FO will alert the DDS that the felony conviction is not relevant to the disability determination.

If the FO does not respond to the DDS request for assistance in obtaining the required information, the DDS will process the title II claim as a “No Determination” (ND), with reason code “FO Determination Requested.” For processing ND case instructions, see DI 81020.127.

If the DDS identifies a potential prisoner case, but the trial or appeal is pending, the DDS makes a disability determination and considers all impairments.

If the claimant is convicted at the trial, the FO will return the claim to the DDS to:

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  determine if a felony or confinement-related impairment is involved, and

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  consider whether to reopen and revise the determination to a denial.

For DDS instructions on reopening and revising a determination after conviction of a felony, see DI 23501.075.