BASIC (03-86)

DI 28065.040 Rationale Requirements

The usual rationale requirements are also applicable to felony/prisoner cases (see DI 28090.001 ff.). However, the following additional statements are required for the given situations:

A. Not Disabled - All impairments considered

The individual's impairments are not disabling. No attempt has been made to isolate any felony-related (or confinement-related) impairments.

B. Disabled - Impairment(s) Not Felony-Related

The individual's disabling impairment(s) is/are not felony-related. Benefits may not be payable to the individual for any month confined.

C. Disabled - Impairment(s) Neither Felony-Related Nor Confinement-Related

The individual's disabling impairment(s) is/are not felony-related nor confinement-related. Benefits may not be payable to the individual for any month confined.

D. Disabled - Impairment(s) is/are Felony-Related (Cessation)

The individual's disabling impairment(s) is/are felony-related and excluded from consideration.

E. Disabled - Impairment(s) is/are Confinement-Related (Continuance for Freeze Purposes Only)

The determination of continuing disability is justified only when consideration is given to (an) impairment(s) associated with the individual's confinement for felony conviction. FREEZE ONLY - The individual is not under a disability for cash benefit purposes during any month confined.

F. Continuance Based on Insufficient Evidence Due to Confinement

Disability Continues. Benefits may not be payable to the individual for any months confined. Resolution of the CD issue is required upon reinstatement of benefits.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428065040
DI 28065.040 - Rationale Requirements - 01/23/1990
Batch run: 01/27/2009
Rev:01/23/1990