Any physical or mental impairment which arises or is aggravated (but only to the extent of the aggravation) in connection with the commission of an offense after October 19, 1980, which constitutes a felony under applicable law, and for which the individual is subsequently convicted, shall not be considered in determining whether the individual is under a disability. This exclusion applies regardless whether the individual is incarcerated pursuant to the conviction. The impairment or aggravation of an impairment must be excluded for the lifetime of the individual. Social Security Act Section 226(d)(6)(A); SSR 83-21.
This rule applies only to applications for “Title II” benefits, namely, disability insurance (SSDI) benefits; childhood disability benefits (CDB); or for disabled widows, widowers, or surviving divorced spouses benefits (DWB).
In its infinite wisdom, Congress decided that this rule should not apply to Supplemental Security Income (“SSI”) benefits. This does not make sense to use. SSDI claimants paid into Social Security by way of FICA contributions, whereas SSI claimants may not have, and should not be afforded lesser rights. This is one of several areas of the law (such as the five-month waiting period) where SSDI claimants are disadvantaged compared to SSI claimants.