Effective Dates: 5/25/2023 - Present

Identification Number:
DI 28065 TN 1
Intended Audience:See Transmittal Sheet
Originating Office:ORDP ODP
Title:Cases Involving Individuals Convicted of a Felony
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part DI – Disability Insurance

Chapter 280 – Continuing Disability Review Cases

Subchapter 65 – Cases Involving Individuals Convicted of a Felony

Transmittal No. 1, 05/25/2023

Audience

PSC: CS, DE, DEC, DTE, IES, RECONR, SCPS, TSA, TST;
OCO-OEIO: CR, ERE, FDE, RECONE;
OCO-ODO: BET, CR, CTE, CTE TE, DE, DEC, DS, PETE, PETL, RECONE;
ODD-DDS: ADJ, DHU;

Originating Component

ODP

Effective Date

Upon Receipt

Background

We modified this POMS section to include a more descriptive title, language revisions and new instructions about completion of item 12 (Continuance code on Form SSA-833-U5).

Summary of Changes

DI 28065.035 Completion of Form SSA-833-U5

Title

Renamed the title of this section from "Completion of Form SSA-833-U5" to "Additional Requirements for Completing Form SSA-833-U5 in Felony/Prisoner Cases

Subsection A

Revised the language to read, "When the continuance determination is based on confinement-related impairment(s), check block FZ."

Subsection B:

Moved previous information located in subsection B to subsection C. Created new Item 12 (Continuance Code) and added the following language, "When there is insufficient evidence to make a disability determination due to the Title II beneficiary being confined to a penal institution, use TII continuance code"41".

Subsections C - E

We moved all previous subsections (B through D) down one alpha character to create the following new subsections:

Subsection C (formerly subsection B), Revised the language in this section to read as follows, "When there is insufficient evidence to make a determination about whether disability continues because of confinement to a penal institution, continue the period of disability and enter; "Prisoner Case - Resolution of CD issue required upon reinstatement of benefits."

Subsection D (formerly subsection C)

Subsection E,(formerly subsection D).

Subsection F, created for references.

DI 28065.035 Additional Requirements for Completing Form SSA-833-U5 in Felony/Prisoner Cases

For the most part, completion of Form SSA-833-U5 Cessation or Continuance of Disability or Blindness Determination and Transmittal - Title II is the same for felony/prisoner cases (see DI 28065.001 CDR Considerations for Individuals Convicted of a Felony) as for any medical CDR determination. However, certain items require special entries as described below.

A. Item 1B - Case type

When the continuance determination is based on confinement-related impairment(s), check block FZ.

B. Item 12 - Continuance Code

When there is insufficient evidence to make a disability determination due to the Title II beneficiary being confined to a penal institution, use Title II continuance code "41".

C. Item 24 - Remarks

When there is insufficient evidence to make a determination about whether disability continues because of confinement to a penal institution, continue the period of disability and enter: "Prisoner Case - Resolution of CD issue required upon reinstatement of benefits."

D. Item 29 - Notice Instructions

  1. 1. 

    Continuances: Enter: SSA-L1013

  2. 2. 

    Cessations: Enter: ODO/DL

E. Item 34 - List Number

In addition to any other applicable list numbers, enter one of the following as applicable:

  1. 1. 

    608 - Cessation in which a felony-related impairment is excluded from consideration.

  2. 2. 

    610 - Benefits suspended due to confinement

  3. 3. 

    623 - Prisoner Case. Freeze Only established.

F. References

DI 28065 TN 1 - Cases Involving Individuals Convicted of a Felony - 5/25/2023