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GN 02615: Court Case Processing for Fugitive Felon and Parole and Probation Violators

Effective Dates: 10/06/2016 - Present

TN 8 (10-16)

A. National 800 Number Network (N8NN), field office (FO), and processing center (PC) handling of Clark inquiries

All identified Title II class members received a Clark Informational Notice dated 12/11/12. All identified Title XVI class members received an informational notice dated 02/25/13. The Clark Informational Notice is available for viewing on the Online Retrieval System (ORS), in the MASS MAIL file off the ORS Main Menu titled Clark Info Notice.

B. Title II inquiry about Clark relief

We identified Title II class members as explained in GN 02615.100A.2. We added identified Title II cases to the Civil Action Tracking System (CATS) with a Court Case Identifier (CCID) of C1 or C2. We also posted one of the two following Central Office Messages (CO MSG) to the Master Beneficiary Record (MBR):

  • CLARK COURT ORDER – CASE SELECTED FOR CLARK REVIEW; or

  • CLARK COURT ORDER – CASE SELECTED FOR CLARK RELIEF AND MEDICARE REVIEW

After processing Clark relief, we sent a class review, resumption, or reinstatement notice, and we posted one of the following Special Messages (SP MSG) to the MBR:

  • CLARK COURT ORDER – AUTOMATED RELIEF PROCESSED;

  • CLARK COURT ORDER – CLARK RELIEF PROCESSED;

  • CLARK COURT ORDER – CLARK RELIEF AND MEDICARE RELIEF PROCESSED; or

  • CLARK COURT ORDER – CLARK RELIEF PROCESSED, NOT ELIGIBLE FOR MEDICARE RELIEF.

1. Inquirer’s MBR contains Clark Court Order messages

The following chart provides N8NN, FO, and PC instructions for handling Title II inquiries about Clark relief based on the Clark messages on the MBR.

MBR Messages

Action

MBR contains Clark CO MSG and Clark SP MSG

  1. Access the Online Retrieval System (ORS) and obtain a copy of the case review, resumption, or reinstatement notice. The notice has a posting date December 2012 or later.

  2. Explain the following to the inquirer:

    “The record shows we reviewed and processed your case for Clark class relief. We issued you a notice on MM/DD/CCCC (date of Clark notice) explaining how Clark relief applied to your case.”

  3. Provide the inquirer a copy of the case review, resumption, or reinstatement notice, if requested.

MBR shows Clark CO MSG but no Clark SP MSG

To see if we already processed relief but failed to update the MBR with the SP MSG, follow instructions in block 1 of the chart in GN 02615.190B.1. in this section. If there is no notice in ORS:

  • Refer the case to the ^Clark Order mailbox with the Subject: “No Clark MBR SP MSG”.

  • Include the inquirer’s name, SSN, current address, and phone number. (An email reply from the mailbox will provide further guidance, including the appropriate CCID code.)

  • Provide the following response to the inquirer:

    • “We reviewed your case and are continuing our investigation. No further action is required from you at this time. If further action is later required, we will contact you.”

NOTE: DO NOT PAY Title II critical or financial emergency case payments until the PC determines that the beneficiary is entitled to Clark relief and calculates the relief amount. For information on a critical or financial emergency case, see RS 02801.001.

2. Inquirer’s MBR contains no Clark messages

If there is no Clark CO MSG on the inquirer’s MBR, then we did not identify the inquirer as a Title II Clark class member.

a. N8NN instructions

If you receive an inquiry and there is no Clark CO MSG on the MBR, provide the following explanation to the inquirer:

“We need to investigate your case further. Please allow us 60 days to respond to your inquiry. No further action is required from you at this time. If further action is later required, we will contact you.”

Refer the case to the FO for investigation via Modernized Development Worksheet (MDW), entering the following on the MDW Worksheet (MMDW) screen:

  • CLARK in the ISSUE field;

  • ADM in the CATEGORY field; and

  • INQUIRY in the REMARK field.

In addition, on the MDW Remarks (MRMK) screen explain why the inquirer believes he or she is a class member.

b. FO and PC instructions

If you receive an inquiry or a N8NN MDW referral with “Clark” as the ISSUE, and there is no Clark CO MSG on the MBR:

  • Check the Fugitive Felon System Control File (FFSCF) to determine if the inquirer has any warrants subject to Clark relief. Follow the instructions for using FFSCF in MSOM PRISON 006.001 through MSOM PRISON 006.014.

  • Review the FFSCF warrant information using the instructions in this chart.

Warrant Record on FFSCF

Action

Offense charge symbol: FELONY on the Fugitive Felon Warrant Data (FFWQ) screen.

  • Provide the following explanation to the inquirer: “Clark relief is only for cases we did not pay based on probation or parole violation arrest warrants. Our records do not show you had such an arrest warrant;”

  • Prepare and provide the inquirer the Clark Court Case Notice of Inquiry located in the general folder in the Document Processing System (DPS); and

  • Send a copy of the notice to ORS.

Offense charge symbol:

PROBATION/PAROLE VIOLATION on the FFWQ screen.

For specific PPV warrant data codes applicable to Clark class members, see GN 02615.100B.1.

Determine if the inquirer’s case appears to be subject to Clark relief following the explanation on identifying class members in GN 02615.100A.2

  1. If it appears the inquirer’s case is subject to Clark relief:

    • Provide the following response to the inquirer:

      “We reviewed your case and are continuing our investigation. No further action is required from you at this time. If further action is later required, we will contact you.”

    • Refer the case to the ^Clark Order mailbox with the Subject: “Potential Clark Member”, and

    • Include the inquirer’s name, SSN, current address, and phone number; explain why the inquirer’s warrant appears to be subject to Clark Relief. (An email reply from the mailbox will provide further guidance including the appropriate CCID code, if the case qualifies for Clark relief.)

  2. If it appears that the inquirer’s case is not subject to Clark relief:

    • Provide the following explanation to the inquirer: “Clark relief is only for cases we did not pay based probation or parole violation arrest warrants for a certain period. Our records do not show you had such an arrest warrant during the required time period;”

    • Prepare and provide the inquirer the Clark Court Case Notice of Inquiry located in the general folder in DPS; and

    • Send a copy of the notice to ORS.

No warrant information on FFSCF.

  • Provide the following explanation to the inquirer: “Clark relief is only for cases we did not pay based on probation or parole violation arrest warrants. Our records do not show you had such an arrest warrant;”

  • Prepare and provide the inquirer the Clark Court Case Notice of Inquiry located in the general folder in DPS; and

  • Send a copy of the notice to ORS.

C. Title XVI inquiry about Clark relief

We identified Title XVI Clark class members as explained in GN 02615.100A.2. We added the identified cases to CATS with a CCID entry of C3, C4, or C5, but we did not add a CO MSG to the class member’s SSR. CATS is no longer available to technicians based on changes made by the Office of General Counsel (OGC). Only Central Office staff has access to the information on the Clark CATS records.

1. N8NN instructions

If you receive an inquiry, provide the following explanation to the inquirer:

“We need to investigate your case further. Please allow us 60 days to respond to your inquiry. No further action is required from you at this time. If further action is later required, we will contact you.”

Refer the case to the FO for investigation via:

  • Development Worksheet (DW01) for MSSICS cases. Enter the following on the DW01 screen:

    o   ADM as the ISSUE; and

    o   CLARK INQUIRY in the REMARKS field.

In addition, on the Worksheet Remarks (DRMK) screen, why the inquirer believes he or she is a class member;

Or

  • MDW for non-MSSICS cases, enter the following on the MMDW screen:

    o   CLARK in the ISSUE field;

    o   ADM in the CATEGORY field; and

    o   INQUIRY in the REMARK field.

In addition, on the MRMK screen explain why the inquirer believes he or she is a class member.

2. FO instructions

If you receive a Clark inquiry or a N8NN referral with CLARK as the MDW ISSUE, or CLARK INQUIRY as the DW01 REMARKS, review the SSR to determine if we already processed Clark relief. If we provided relief, inform the recipient that we already provided relief and send them a copy of the reinstatement or award notice. If the SSR shows we did not provide relief, handle the inquiry following instructions about reviewing FFSCF in GN 02615.190B.2.b in this section. Send the inquirer the Title XVI Clark Court Case Notice of Inquiry located in the general folder in DPS.

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GN 02613: Title II/Title XVI Fugitive Felons and Parole and Probation Violators
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