DI 28065.015 Disability Determinations - Individual Convicted But Not Confined
A CDR will be conducted in the customary manner taking into account information developed by the DO on any newly discovered felony case. Evidence will be secured and evaluated in accordance with DI 28005.001 ff. Prepare a determination of continuance or cessation, as appropriate.
B. Not Disabled - All Impairments Considered
When after considering all impairments, the individual is no longer disabled, prepare a formal cessation determination.
C. Disabled - Impairment(s) Not Felony-Related
When a felony conviction is involved, but there is no evidence that any impairment arose or was aggravated in association with this felony, prepare a determination of continuance in the customary manner. This will include evaluation of the impact of a combination of impairments. However, the continuance must not be based on any impairment which arose during, or was aggravated by, the commission of the felony. Vocational factors apply in the regular manner for DIB and CDB beneficiaries.
D. Disabled - Impairment(s) Felony-Related
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.