(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
Phillips v. Harris, 488 F. Supp. 1161 (W.D. Va. 1980).
· cites it 2× “See 20 C.F.R. §§ 404.1506 (c), .1507(b). The Law Judge then found that, as a result of his work as a coal truck driver, claimant is “semi-skilled” and that his skills are transferable.”
Ella Mae Cannon v. Patricia Harris, Sec'y of Health, Educ. & Welfare, 651 F.2d 513 (7th Cir. 1981).
“, age, education, and work experience, as those terms are defined by the regulations, 20 C.F.R. §§ 404.1506 -.1508, 416.906-.908, and his residual functional capacity, 20 C.”
John P. McNunis v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 605 F.2d 743 (4th Cir. 1979).
· 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…”
Fields v. Sec'y of Health, Educ. & Welfare, 444 F. Supp. 1003 (S.D.N.Y. 1977).
· 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. Sec'y of Health & Human Servs., 514 F. Supp. 57 (D.P.R. 1981).
· cites it 3× “20 CFR 404.1506 2 . Educational categories have been established as follows: (1) illiteracy (inability to read or write); (2) marginal education (sixth grade or less); (3) limited education (grades 7 through 11); (4) high school education and above; and (5) inability to…”
Robinson v. Richardson, 360 F. Supp. 243 (E.D.N.Y 1973).
· cites it 2× “20 C.F.R. § 404.1506 provides: “(a) The Listing of Impairments describes, for each of the major .”
Parker v. Califano, 441 F. Supp. 1174 (N.D. Cal. 1977).
· cites it 2× “” 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 of function.”
— 20 C.F.R. § 404.1506(b) — 1 case
— 20 C.F.R. § 404.1506(d) — 1 case
Ramos v. Sec'y of Health & Human Servs., 514 F. Supp. 57 (D.P.R. 1981).
“20 CFR 404.1506 2 . Educational categories have been established as follows: (1) illiteracy (inability to read or write); (2) marginal education (sixth grade or less); (3) limited education (grades 7 through 11); (4) high school education and above; and (5) inability to…”
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