DI 28065.005 Identifying Prisoner/Felon Cases
A. DO Identification
The district office (DO) will identify cases that may be affected by these provisions when, in the course of their development, they are able to determine that the claimant has been charged with or convicted of a felony or has an impairment connected with confinement. They will prepare a Report of Contact containing information regarding the status of any criminal case (e.g., trial pending, conviction obtained, etc.).
B. DDS Identification
The DO may not be able to determine that a felony has been committed in all instances. However, the history in the medical evidence will ordinarily reveal the circumstances under which an impairment arose or was aggravated. The Disability Determination Service (DDS) must be alert to this, and identify any claims not identified by the DO. If the DDS discovers that the claimant may be confined to a jail, prison, or other penal institution or correctional facility because of a crime committed after October 19, 1980, and the DO has not annotated Item 11 of the SSA-831-U5, the DDS will contact the DO to secure the following documentation if a felony was committed:
Date on which felony was committed,
Date of conviction if applicable, and
Date(s) of imprisonment for the felony conviction.
This information will be obtained on a Report of Contact.
C. Trial Pending
When a potential prisoner case is identified, but the trial is pending, a determination or decision will be made in the customary manner considering all impairments. The DO will diary the case, and if the claimant is convicted at the trial, the claim will be returned to the DDS, ALJ, or AC, as appropriate, to determine if a felony related impairment is involved and to consider whether reopening and reversal is necessary.
D. Possible Reopening Situation
If a reopening and reversal to a denial is necessary the beneficiary must be given written notice of the proposed action (see DI 23501.075). A reopening and reversal to a denial is necessary where a felony-related impairment must be excluded from consideration and its exclusion results in a determination that the individual is not disabled.
The DO will also diary a case in which an appeal is pending. When a conviction is overturned by an appeal, a reopening and reversal to an allowance may be permitted.
E. Felony Committed Prior to October 19, 1980
If the claimant is confined to a jail, prison, or other penal institution or correctional facility for conviction of a felony committed on or before October 19, 1980, then the DDS should be alerted that the felony conviction is not relevant to the disability decision. However, the entry “Prisoner Case - Felony committed on or before October 19, 1980 - Claimant convicted and confined” must be shown in item 24 of the SSA-833-U5.