When any impairment is determined to have arisen “in connection with” the commission of a felony after October 19, 1980, for which the individual is convicted,
or if a preexisting impairment(s) was aggravated “in connection with” the commission of the felony after October 19, 1980, consideration of the felony-related
impairment(s) and resulting functional limitations in the evaluation of disability
will be excluded. The exclusion applies for the life of the individual.
It is not necessary that there be a causative connection between the commission of
the felony and the disabling condition, but it must be closely related to, or associated
with the commission of the offense. In general, the disabling condition (the impairment
or the aggravation of a preexisting impairment) must have occurred at a time and location
that is near (i.e., close to the time and place) to the felony.
Most impairments that can be identified as arising in connection with a felony will
be of a traumatic nature, such as an impairment resulting from a gunshot wound. However,
some nontraumatic impairments may arise in connection with the commission of a felony,
since the law does not require that there must be a causative relationship between
the commission of the felony and the impairment.
When an individual is found to be disabled, but disability cannot be established without
the consideration of an impairment associated with the commission of a felony, a determination
of cessation is prepared.