[Title 20 CFR 404.1506]
[Code of Federal Regulations (annual edition) - April 1, 1996 Edition]
[Title 20 - EMPLOYEES' BENEFITS]
[Chapter III - SOCIAL SECURITY ADMINISTRATION]
[Part 404 - FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )]
[Subpart P - Determining Disability and Blindness]
[Sec. 404.1506 - When we will not consider your impairment.]
[From the U.S. Government Publishing Office]
20
EMPLOYEES' BENEFITS
2
1996-04-01
1996-04-01
false
When we will not consider your impairment.
404.1506
Sec. 404.1506
EMPLOYEES' BENEFITS
SOCIAL SECURITY ADMINISTRATION
FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )
Determining Disability and Blindness
Sec. 404.1506 When we will not consider your impairment.
(a) Permanent exclusion of felony-related impairment. In determining
whether you are under a disability, we will not consider any physical or
mental impairment, or any increase in severity (aggravation) of a
preexisting impairment, which arises in connection with your commission
of a felony after October 19, 1980, if you are subsequently convicted of
this crime.Your subsequent conviction will invalidate any prior
determination establishing disability if that determination was based
upon any impairment, or aggravation, which we must exclude under this
rule.
(b) Limited use of impairment arising in prison. In determining
whether you are under a disability for purposes of benefit payments, we
will not consider any physical or mental impairment, or any increase in
severity (aggravation) of a preexisting impairment, which arises in
connection with your confinement in a jail, prison, or other penal
institution or correctional facility for conviction of a felony
committed after October 19, 1980. The exclusion of the impairment, or
aggravation, applies in determining disability for benefits payable for
any month during which you
[[Page 313]]
are confined. This rule does not preclude the establishment of a period
of disability based upon the impairment or aggravation. You may become
entitled to benefits upon release from prison provided that you apply
and are under a disability at the time.
(c) Felonious offenses. We will consider an offense a felony if--
(1) It is a felony under applicable law; or
(2) In a jurisdiction which does not classify any crime as a felony,
it is an offense punishable by death or imprisonment for a term
exceeding one year.
(d) Confinement. In general, a jail, prison, or other penal
institution or correctional facility is a facility which is under the
control and jurisdiction of the agency in charge of the penal system or
in which convicted criminals can be incarcerated. Confinement in such a
facility continues as long as you are under a sentence of confinement
and have not been released due to parole or pardon. You are considered
confined even though you are temporarily or intermittently outside of
the facility (e.g., on work release, attending school, or hospitalized).
[48 FR 5714, Feb. 8, 1983]