Any physical or mental impairment(s) arising or aggravated (but only to the extent of the aggravation) in connection with the commission of a felony is to be permanently disregarded for all disability program purposes. (These restrictions do not apply to title XVI cases.)

This applies only for felonies committed after October 19, 1980.

In order for the disregard to apply:

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  The claimant must be subsequently convicted.

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  The impairment must be closely related to, or associated with, the commission of the offense. The impairment or aggravation of a pre-existing impairment must occur at a time and location that is near to the felony. It is not necessary that there be a causative connection between the commission of the felony and the impairment.

EXAMPLE 1:

Doug Hall has an automobile accident which occurs while fleeing the scene of a bank robbery (a felony), which results in an injury to his back. This impairment would be considered associated with the commission of the offense.

EXAMPLE 2:

Marsha Guffey injures her back while shopping in a grocery store the week after she commits a bank robbery. The police assist her to her car, find the stolen money in the car, and charge her with a felony. The impairment would be too remote to be considered to have arisen in connection with the robbery. This accident ordinarily would not be considered sufficiently close in time and place to the scene of the robbery to be considered associated with the felony.

NOTE: Submit questionable situations to the regional attorney.

The permanent disregard of an impairment or aggravation of a pre-existing impairment incurred in the commission of a felony hinges on the individual's subsequent conviction. There may be claims allowed considering all the medical evidence in which the person has been charged with but not convicted of a felony.