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.