DI 28065.025 Disability Determinations - Freeze Provisions
A. DIB Beneficiary Disabled - Impairment is Confinement-Related
When continuance of disability cannot be established without consideration of an impairment associated with confinement, a disability freeze will be established for a DIB beneficiary in order to protect future benefit rights.
The possibility of a freeze does not apply to CDB and DWB claimants. If disability cannot be established without consideration of an impairment associated with confinement, a determination or decision of cessation will be prepared.
Although a confinement-related impairment may not be considered in determining disability for benefits payable during confinement, it may be considered for benefit purposes after the individual has been released from prison if the individual files an application for DIB, CDB or DWB at that time. Entitlement to benefits based on a new application could begin as early as the first full month the individual is no longer confined, provided the individual is determined to be under a disability after release from prison.