POMS Reference

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 – T2 exceptions

T2 exception cases occur when a suspension action input through POS/FFEL but does not properly suspend benefits (LAF S9) on the MBR. T2 exceptions are caused in different ways. Some examples are:

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 a T2 exception

When a FFEL suspension is input to POS, a T2 transaction is created. If an exception occurs:

  • T2 will not suspend 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.

B. Procedure - T2 exceptions

When you input a Title II suspension action to the FFEL screen, T2 processes the suspension transaction and annotates the MBR that the beneficiary is in LAF S9 and posts an RFST of FUGFEL. If the MBR cannot be annotated with the suspension action, an exception is sent to the PSC.

C. Procedure - FO processing of T2 exception cases

1. FO processing of a T2 exception for FFEL - PCACS established

  • Tickle the case for 15 working days after PCACS is established to ensure the MBR is in LAF S9 and an RFST of FUGFEL is posted.

  • If MBR does not reflect LAF S9 when diary matures, send a Fugitive Felon FAX follow-up on the suspension action to the PSC.

  • Follow the instructions in the Fugitive Felon FAX procedure; see GN 02613.980 for additional actions required if the MBR does not reflect the appropriate suspension action.

    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.

2. FO processing - 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);

  • Check to ensure the suspension 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.