A personalized disability explanation is required for prisoner cases in addition to
the elements listed in DI 26530.020 – Personalized Disability Explanation in Initial Denials. Attach the personalized
notice to the appropriate notice (and rider) indicated in DI 23501.025.
If only one impairment is alleged, and that impairment cannot be considered in determining
disability because the impairment is felony-related, include the following elements:
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•
A list of medical evidence used to determine if the impairment is felony-related;
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•
When all medical reports were not obtained, a statement that the Social Security Administration
(SSA) evaluated only the reports necessary to make a decision; and
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•
A statement that the impairment cannot be considered in determining disability because
it is connected with a felony committed after October 19, 1980 for which the claimant
is convicted.
If felony-related and non-felony-related impairments are alleged:
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•
List the medical evidence used to determine that an impairment is felony-related;
and
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•
Provide a statement that the impairment cannot be considered in determining disability
because it is connected with a felony committed after October 19, 1980 for which the
claimant is convicted.