C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart P—Determining Disability and Blindness

20 C.F.R. § 404.1506

When we will not consider your impairment

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(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 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]
Notes of Decisions
Cited in 38 cases (1 in the last 5 years), 1970–2021 · leading case: Charles PURTER, Appellant, v. Margaret HECKLER, Secretary Dept. of Health and Human Services
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Charles PURTER, Appellant, v. Margaret HECKLER, Secretary Dept. of Health and Human Services (1985) ca3 · cites it 3× “” 20 C.F.R. § 404.1506 (d) (1976) (now codified at 20 C.”
Phillips v. Harris (1980) vawd · cites it 2× “See 20 C.F.R. §§ 404.1506 (c), .1507(b).”
Ella Mae Cannon v. Patricia Harris, Secretary of Health, Education and Welfare (1981) ca7 “, age, education, and work experience, as those terms are defined by the regulations, 20 C.F.R. §§ 404.1506 -.1508, 416.906-.”
Willie Hicks v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare (1979) ca4 “…regulations, claimant would be considered of “advanced age” and “marginal education.” 20 C.F.R. §§ 404.1506 (d), 1507(c). The administrative law judge made no formal finding as to the quality of claimant’s work experience. However, he did ask the vocational expert to assume…”
James E. Marsh v. Patricia R. Harris, Secretary of Health, Education & Welfare (1980) ca4 “” Disabling epilepsy is defined in 20 C.F.R. § 404.1506 (Subpart P, App.”
Bruce B. Adams v. Caspar Weinberger, Secretary of Health, Education and Welfare (1977) ca8 “” 20 C.F.R. § 404.1506 , Appendix to Subpart P, ¶ 12.”
John P. McNunis v. Joseph A. Califano, Jr., Secretary of Health, Education & Welfare (1979) ca4 · cites it 2× “20 C.F.R. § 404.1506 . (a) The Listing of Impairments describes, for each of the major body systems, impairments which— (1) Are of a level of severity deemed sufficient to preclude an individual from engaging in any gainful activity; and (2) Are expected to result in death or to…”
Mary E. Thomas v. Richard Schweiker, Secretary, Health and Human Services (1982) ca5 “Based on his findings that Thomas, under fifty years of age, was a younger individual as defined by 20 C.F.R. § 404.1506 (b), that she had a limited education as defined by 20 C.”
Fields v. Secretary of Health, Education & Welfare (1977) nysd · cites it 2× “See 20 C.F.R. § 404.1506 , App. fl 11.02 (1977) (epileptic or other major motor seizures, to be deemed disabling, must have a frequency of more than once per month in spite of prescribed treatment).”
Ramos v. Secretary of Health & Human Services (1981) prd · cites it 3× “…(3) individual of advanced age (age 55 or over); (4) individual closely approaching retirement age (age 60-64). 20 CFR 404.1506 2 . Educational categories have been established as follows: (1) illiteracy (inability to read or write); (2) marginal educ”
Robinson v. Richardson (1973) nyed · cites it 2× “20 C.F.R. § 404.1506 provides: “(a) The Listing of Impairments describes, for each of the major .”
Parker v. Califano (1977) cand · cites it 2× “…to result in death or to last for a continuous period of not less than 12 months.” 20 C.F.R. § 404.1506 (a). Under § 12.05(C) of the Appendix, an individual is disabled if he has an IQ of 50-69 inclusive and a “physical or other mental impairment resulting in restriction…”
Show all 38 citing cases →
— 20 C.F.R. § 404.1506(b) — 1 case
Norwood v. Finch (1970) txed
— 20 C.F.R. § 404.1506(d) — 1 case
Ramos v. Secretary of Health & Human Services (1981) prd “…(3) individual of advanced age (age 55 or over); (4) individual closely approaching retirement age (age 60-64). 20 CFR 404.1506 2 . Educational categories have been established as follows: (1) illiteracy (inability to read or write); (2) marginal educ”
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