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DI 33025.030: Cases Involving Individuals Convicted of a Felony

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  • Effective Dates: 02/22/2013 - Present
  • Effective Dates: 12/13/2017 - Present
  • TN 4 (02-90)
  • TN 10 (12-17)
  • DI 33025.030 Cases Involving Individuals Convicted of a Felony
  • A. Background
  • A. Background - Benefit payments for Individuals Convicted of a Felony
  • Public Law (P.L.) 96-473 and P.L. 98-21 provide that title II benefits to persons convicted of felonies are not payable under certain circumstances. Social Security Ruling (SSR) 83-21 provides a full discussion of the substantive requirements of this statute.
  • NOTE: SSR 83-21 was issued before the enactment of P.L. 98-21 which extended the benefit suspension provision to all title II beneficiaries. Thus, this SSR is out-of-date when it indicates that the benefit suspension provision applies only to disabled workers and childhood disability beneficiaries.
  • The FO will identify cases affected by this provision when they are able to determine that the claimant has been charged with or convicted of a felony or has an impairment connected with imprisonment. The FO will also include an RC containing information regarding conviction, trial pending, etc.
  • B. Procedure
  • 1. Identifying cases
  • * Be alert to medical evidence which reveals circumstances under which an impairment arose or was aggravated.
  • * Identify cases which could be affected by P.L. 96-473 and P.L. 98-21 that were not previously identified. Telephone the FO, if necessary, and request development to determine whether a felony was committed, date of offense, and status of criminal case. Request the FO to forward a Report of Contact (RC)to the DHU which contains this information. Process the case as usual when the development is received, this includes scheduling and holding a hearing if the individual so desires.
  • * Take the provisions of SSR-83-21 into account when writing the DHO's decision.
  • 2. Trial pending possible adverse reopening
  • * Prepare a determination in the customary manner considering all impairments.
  • NOTE: The FO will diary the case, and if the claimant is convicted at the trial, the claim will be returned to the DHU.
  • * Determine if a felony-related impairment is involved if the case is returned per note in a. above.
  • * Afford due process protections if a reopening is needed because a felony-related impairment is excluded and the individual is no longer disabled. Suggested language for such a notice is in DI 33025.055.
  • Social Security Ruling (SSR) 83-21 “Title II: Person Convicted of a Felony” provides a full discussion of the substantive requirements of the statutory provision, Public Law (P.L.) 96-473, addressing the payment of Social Security benefits to certain persons convicted of a felony. However, the Social Security Administration issued SSR 83-21 before the enactment of P.L. 98-21, which extended the benefit suspension provision to all Title II beneficiaries. Public Law (P.L.) 96-473 and P.L. 98-21 provide that Title II benefits are not payable to persons convicted of felonies under specific circumstances. See,
  • * DI 28065.000 Cases Involving Individuals Convicted of a Felony, and
  • * DI 23501.000 Prisoner Cases.
  • The field office (FO) identifies cases affected by this provision when they are able to determine that the individual is charged with a felony, convicted of a felony, or has a prison-related impairment. When the FO identifies one of these cases, the FO will include an SSA-5002 (report of contact) containing information regarding conviction date, duration, if there is a trial pending, etc.
  • B. Procedure - Identifying cases involving individuals convicted of a felony
  • 1. Evaluating and developing evidence
  • * Be alert to medical evidence that reveals the impairment(s) arose or was aggravated by circumstances related to imprisonment.
  • * Identify cases not previously identified that could be affected by P.L. 96-473 and P.L. 98-21.
  • * If necessary, telephone the FO and request development to determine whether a felony was committed, the date of offense, and the status of the criminal case.
  • * Request the FO to forward an SSA-5002 to the disability hearing unit (DHU) that contains this information.
  • * Process the case as usual when you receive this development. This includes scheduling and holding a hearing if, the individual wants a hearing.
  • * Take the guidance in SSR-83-21 into account when writing the disability hearing officer’s (DHO) decision.
  • 2. Trial pending, possible adverse reopening
  • * Prepare a decision in the customary manner, considering all impairments.
  • NOTE: The FO will add a diary to the case and, if the individual is convicted at the trial, the case folder will be returned to the DHU.
  • * Determine whether a felony-related impairment is involved (see DI 33025.030B.1.a, in this section). If the FO returns the case, (see note in DI 33025.030B.2.a in this section).
  • * We provide due process protections in the event of a possible adverse reopening. Suggested language for the notice in this situation is located in DI 33025.055 Suggested Language for the Notice in a Case Where a Reopening and Reversal to a Cessation is Necessary Because a Felony-Related Impairment is Excluded – Exhibit.
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