TN 2 (02-13)

NOTE: Prisoner case restrictions do not apply to title XVI claims. For title II and title XVI concurrent case processing instructions, see GN 02607.780.

We must determine prisoner status when we adjudicate a title II disability claim. To prevent erroneous payments, it is essential that you work with the adjudicating component, e.g., the Disability Determination Services (DDS), to identify and document title II cases where a felony or confinement-related impairment may exist.

A. Identify possible prisoner status

Be alert to:

• Periods of unemployment due to incarceration prior to filing (review the Summary Earnings Query (SEQY) or Detail Earnings Query (DEQY));

• Prisoner Update Processing System (PUPS) records;

• Medical sources indicating prison involvement; and

• Prisoner data on the Master Beneficiary Record (MBR).

NOTE: You can locate prisoner information for a claimant on the Prisoner (PRISONER) or Prisoner Suspension (PRSNDATA) data line.

References

• DI 23501.001 Prisoner Case Definitions and Restrictions

• GN 02607.001 Title II Prisoner And Other Inmate Suspension Provisions

• GN 02607.500 Recognizing that a PUPS Record Exists for a Claimant from the MBR

• GN 02607.600 Analyzing the PUPS Record/Alert For Action

• SM 00510.395 Prisoner Suspension (PRSNDATA) Data Line

• SM 00510.593 Prisoner (PRISONER) Data

B. Document prisoner status

If you identify a prisoner case, document an electronic or paper SSA-5002 (Report of Contact) and SSA-3367 (Disability Report – Field Office).

1. Documenting the SSA-5002

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.

2. Documenting the SSA-3367

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.”

3. Processing reminders

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)

C. Potential prisoner case for a pending trial

1. Trial pending

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.

2. Claimant convicted of a felony at the trial

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).

D. Requests for assistance from the DDS

If the FO identified a prisoner case, and did not annotate Item 5 of the SSA-3367, or the DDS identifies a prisoner case, the DDS will request FO assistance to determine if a felony was committed.

If the FO does not respond to the DDS requests for assistance in obtaining the required information, the DDS will process the title II claim as a “No Determination” (ND), with the reason code “FO Determination Requested.”

See Also:

DI 23501.005 Identifying Prisoner Cases