DI 28065.010 Evaluation of Prisoner/Felon CDR Cases
When an individual has been convicted of a felony committed after October 19, 1980, determine if the individual is disabled considering all impairments. In all cases where it is determined that disability does exist, any impairment(s) that arose or was aggravated (but only to the extent of the aggravation) during the commission of the felony must be identified. An assessment of disability must be made based on the remaining evidence alone, disregarding the felony-related impairments.
B. Permanent Disregard of Felony-Related Impairments
The section of the law which permanently precludes consideration of felony-related impairments in determining whether an individual is disabled applies to CD cases as well as to initial claims if the beneficiary is convicted of a felony committed after October 19, 1980. For example: if an individual determined to be under a disability because of a respiratory condition and scheduled for a reexamination subsequently is shot and paralyzed during the commission of a felony after 10/19/80, and is convicted of the felony, a cessation is appropriate if evidence secured during a CDR indicates the respiratory condition is not disabling. If the respiratory condition remains disabling, a continuance is in order. However, no consideration is given to the individual's paralysis when evaluating disability.
C. Temporary Disregard of Impairments Connected with Confinement
If during a CDR, evidence shows the original impairment is not disabling, but while confined for conviction of a felony committed after 10/19/80, an individual developed another impairment or an aggravation (but only to the extent of the aggravation) of a condition existing prior to confinement severe enough to prevent substantial gainful work, a person on disability will be continued on the basis of the new impairment(s) but for freeze purposes only. The law provides that benefits are payable to such an individual, if still disabled, upon release from confinement and providing a new application is filed. Any CD issue, e.g., medical reexamination diary, report of medical improvement, etc., must be resolved at that time before benefits are paid.
NOTE: Freeze provisions are applicable only to DIB. CDB and DWB cases will be terminated. However, if the CDB or DWB claimant is no longer confined, a confinement related impairment can be considered to establish disability when a new application is filed.
D. Consideration of the Medical Improvement Review Standard (MIRS)
The Medical Improvement Review Standard (MIRS) will not be applied to any impairment which is itself excluded from consideration by the felony/ prisoner provisions of the law. However, the fact of conviction and/or confinement does not change the application of the MIRS to any impairment which is not so excluded.