Document the following:

• •

  Date felony was committed, if applicable;

• •

  Date of conviction, if applicable;

• •

  Date of incarceration for the felony;

• •

  Name of confinement facility; and

• •

  Release date, if applicable.

Enter in Item 5 (Remarks section) of the SSA-3367 the following applicable remark:

• •

  PRISONER CASE – Felony committed on or before October 19, 1980 – claimant convicted and confined.

• •

  PRISONER CASE – Felony committed after October 19, 1980 – claimant convicted and confined.

• •

  PRISONER CASE – Felony committed after October 19, 1980 – claimant convicted but not confined.

• •

  PRISONER CASE – Possible felony committed after October 19, 1980 – (trial pending).

• •

  PRISONER CASE – Possible felony committed on or before October 19, 1980 – (trial pending).

In addition, if the claimant is confined to jail, prison, or other penal institution or correctional facility for conviction of a felony committed on or before October 19, 1980, alert the DDS or other adjudicating component that the felony conviction is not relevant to the disability determination. However, be sure to document Item 5 of the SSA-3367: “Prisoner Case – Felony committed on or before October 19, 1980 – Claimant convicted and confined.”

In addition to documenting the SSA-5002 and SSA-3367, consider the following, if applicable:

• •

  Update the PUPS system;

• •

  Consider prior period of disability; and

• •

  Review the Disability Wizard (DIBwiz) query for prisoner data.

References

• •

  DI 10105.100 Permanent Disregard of Impairments Incurred or Conditions Aggravated in the Commission of a Felony

• •

  DI 10105.105 Temporary Disregard of Impairments Incurred or Conditions Aggravated in Prison

• •

  DI 11005.045 Completing the Paper Form SSA-3367–F5 (Disability Report-Field Office)

When you identify a potential prisoner case, but the trial is pending, the adjudicating component; i.e., the DDS, administrative law judge (ALJ), or Appeals Council (AC), will make a determination or decision in the usual manner and will consider all impairments.

Return the claim to the DDS, ALJ, or AC, as appropriate. The adjudicating component will determine if a felony- or confinement-related impairment is involved, and will consider whether reopening and reversal is necessary. In addition, annotate the MCS development worksheet (DW01) with the issue, “TRLPND” (to indicate the trial in pending).