DI 28065.020 Disability Determinations - Individual Convicted and Confined for a Felony Committed After October 19, 1980
When a claimant has been convicted of a felony and confined, all of the medical evidence, including that for any impairment which arose or was aggravated during confinement for the conviction of the felony (as well as any felony-related impairments) must be evaluated and a determination or decision prepared.
B. Not Disabled - All Impairments Considered
If, when considering all impairments, the individual is no longer disabled, a formal cessation determination will be prepared.
C. Disabled - All Impairments Considered
It must first be determined if any impairment arose, or if any preexisting impairment was aggravated, “in connection with” the commission of the felony (see above). If after exclusion of any felony-related impairment a continuance is still warranted by the evidence, the medical evidence must then be further considered to determine the significance with regard to the determination of disability of any impairment that arose or was aggravated (but only to the extent of the aggravation) in connection with confinement in a jail, prison, or other penal institution or correctional facility.
An impairment is considered to have arisen in connection with confinement, even though the impairment is not attributable to the confinement, when it first occurs during confinement (i.e., the impairment is diagnosed to have begun during confinement and there is no evidence showing that signs and symptoms occurred prior to confinement). Similarly, medical conditions that began prior to confinement and then increase in severity during confinement are considered to have been “aggravated” in connection with confinement, regardless of whether the course of the condition was altered by the confinement.
If disability is established based solely on impairment(s) not associated with the commission of a felony, a determination of continuance will be prepared.
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.