GN 02613: Title II/Title XVI Fugitive Felons and Parole and Probation Violators
TN 3 (11-05)
NOTE: On April 1, 2009, SSA changed its policy of not paying fleeing felons. Follow the instructions below only for felony warrants with offense codes 4901, 4902, or 4999. Follow the Martinez settlement instructions in GN 02613.860 – GN 02613.885 for all other felony warrant codes.
On May 9, 2011, SSA changed its policy and no longer suspends or denies benefits or payments based solely on a probation or parole violation warrant (i.e., warrants with offense codes 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation”). Follow the Clark Court Order instructions in GN 02615.100 – GN 02615.190 for all probation or parole violation warrants.
We will make additional changes to this section, as necessary, in the future.
A. Procedure resume benefits
1. Rules for resuming benefits
Resume benefits the first month benefits were erroneously suspended LAF S9 on MBR with an RFST of FUGFEL on the MBR.
2. FO/PSC instructions - resuming benefits from LAF S9 using POS/FFEL
When we discover that a beneficiary has been erroneously suspended because the beneficiary:
established good cause (see GN 02613.025 for information on good cause) for not satisfying his/her warrant after suspension had occurred, or
protested timely during the due process period and benefits were inadvertently suspended by T2 R Finder before SSA could act on the protest, take the following actions; or
provides evidence that the warrant was satisfied within 30 days after the date it was issued .
Use the FFEL screen in POS system (see MSOM COMMON 005.035 for systems processing instructions for the FFEL screen) to resume benefits from LAF S9 to the beneficiary. Follow the instructions in the chart to resume benefits.
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STEPS |
ACTIONS |
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1 |
From the POS path, select #8 on the POS Suspensions /Terminations and Reinstatements (PEST) submenu or |
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2 |
Add a “Y” in the RESUME BENEFITS EFFECTIVE WITH FIRST SUSPENSION MONTH on the FFEL screen. Enter a RESUMPTION REQUEST REASON: 4 = ERRONEOUS SUSPENSION. Benefits will be reinstated the month the benefits were first suspended for fugitive felon suspension. For Establishment of Good Cause, post the following entries on the FFEL screen: Add a “Y” in the RESUME BENEFITS EFFECTIVE WITH FIRST SUSPENSION MONTH on the FFEL screen. Enter a RESUMPTION REQUEST REASON: 3=Good Cause. Enter a GOOD CAUSE 3-digit CODE PER GN 02613.930A. |
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3 |
Do not post a protest on the FFDG screen since the DUE PROCESS MATURITY DATE on the FFDG screen already matured. For Establishment of GOOD CAUSE Cases, process information to the FFDG screen per GN 02613.025C.6.a. and MSOM PRISON 006.007. A good cause determination must also be made annotated to the EVID screen per GN 02613.025C.6.a. |
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4 |
Tickle the MDW for 7 working days until action updates to the MBR. If action does not work reinstatement action must be accomplished using MADCAP/MACADE FFEL screen will create a PCACS issue (see GN 02613.770C. for PCACS TOEL codes used in fugitive felon case processing) if the reinstatement input does not work. See GN 02613.500B.2. for processing instructions if the FFEL reinstatement action does not process correctly. |
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5 |
Check MBR to make sure beneficiary is in current payment status effective with the first month of suspension. (See GN 02613.600A.2., step 2. |
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6 |
Developing Representative Payee Suitability -- Check RPS in each case where the beneficiary/claimant has an outstanding felony warrant determining if he/she is serving as a representative payee. Effective 4/2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition. Refer to GN 00502.133. |
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7 |
An automated reinstatement notice will be sent to the beneficiary by the T2 Notice system if the case successfully processes through T2. See NL 00755.700 for the language that should be included in this notice. |
B. Process - FO instructions - resuming benefits when POS/FFEL does not work
T2 exception cases occur when a resumption action input through POS/FFEL but does not properly resume benefits on the MBR. T2 exceptions are caused in different ways. Some examples are found in GN 02613.600B.1.
1. Some systems processes resulting in a T2 exception
Processing limitations found in MSOM MCSEC 001.001; or,
An error exists on the Master Beneficiary Record (MBR).
These types of T2 exceptions will be generated to the PSC.
2. POS/FFEL processing resulting in aT2 exception
When FFEL resumption is input to POS, a T2 transaction is created. If an exception occurs:
T2 will not resume the benefit on the MBR;
It will create a PCACS Action Control Record (ACR) with Type of Event Level (TOEL). The TOEL Codes used in fugitive felon case processing are found in GN 02613.770C.
When you input a Title II resumption action to the FFEL screen, T2 processes the resumption transaction and annotates the MBR that the beneficiary is in current payment status. If the MBR cannot be annotated with the resumption action, an exception is sent to the PSC.
C. Procedure - FO processing of T2 exception cases for FFEL - PCACS established
Tickle the case for 15 working days after PCACS is established to ensure the MBR is in LAF C.
If MBR does not reflect current payment status when diary matures, send a Fugitive Felon FAX follow-up on the resumption action to the PSC as indicated in the chart below:
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STEPS |
ACTIONS |
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1 |
Prepare a Fugitive Felon Fax Form. (See the Fugitive Felon Fax Form and instructions in GN 02613.980.) Notify the PSC to resume benefits to the beneficiary and the date the resumption should begin. |
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2 |
Fax the form to the PSC that has jurisdiction over the beneficiary's SSN for action on the form. |
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3 |
Tell the PSC to send the appropriate resumption notice to the beneficiary. |
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4 |
Tickle the case via MDW for 7 working days. Check the MBR after 7 working days to ensure that benefits have been reinstated. Call the PSC when the diary matures and there is no resumption per GN 02613.600C. |
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5 |
Forward all case materials to be associated with the folder after resumption has taken place for the beneficiary. Do not fax material. Annotate the material “Fugitive Felon Resumption Processed—Drop File Material. “Mail the documentation to the jurisdictional PSC address. |
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6 |
After Resumption action places the beneficiary in current pay, the case should be processed per GN 02613.450C. SSA must consider the timely protest from the beneficiary. |
D. FO processing –T2 FFEL exception — no PCACS issue exists
If no PCACS ACR exists, there should still be a record on the Transaction History Summary Screen (THIS), but assume that T2 did not create a TOEL transaction and
Use the Fugitive Felon FAX procedure (see GN 02613.980 for processing instructions). (Wait 1-2 days after the 35 advance notification period expires before faxing the PSC);
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Check to ensure the resumption action is posted to the MBR.
NOTE: Developing Representative Payee Suitability -- Check RPS in each case where the beneficiary/claimant has an outstanding felony warrant to determine if he/she is serving as a representative payee.
Effective 4/2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition. Refer to GN 00502.133.