BASIC (06-05)

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 through GN 02613.885 for all other felony warrant codes.

On March 18, 2011, upon remand from the Second Circuit, the District Court for the Southern District of New York certified a nationwide class in Clark v. Astrue that includes all individuals whose benefits or payments we suspended or denied after October 29, 2006. Given the pending litigation, including continuing litigation about the class certification, at this time we are not suspending or denying payments based solely on a report of a probation or parole violation warrant. Follow the instructions in EM-11032, dated May 9, 2011 for processing cases with probation or parole violation warrants with offense codes: 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation.”

We will make additional changes to this section, as necessary, in the future.

A. Procedure -- Fugitive Felon Initial Award and Fugitive Felon Suspension Notice

When a claimant files a Title II application (RSDI) with SSA and indicates on his/her application that he/she has an outstanding felony warrant or a warrant for a violation of probation or parole under Federal or State law, SSA must suspend the Title II benefits to this beneficiary effective with the date of the warrant or 1/2005, whichever date is later. Under some circumstances, the date of the warrant or 1/2005 will either coincide or precede the beneficiary’s date of entitlement. If the beneficiary cannot establish good cause for not satisfying his/her warrant or the warrant has not been dismissed or withdrawn due to identity fraud, benefits will be suspended effective with the date of entitlement to Title II benefits and continuing or until the date the beneficiary takes action to satisfy his/her outstanding warrant.

Nonpayment of monthly benefits to a Title II beneficiary because of the fugitive felon suspension provisions is not an entitlement prohibition; it is a nonpayment issue. Therefore, the beneficiary will be entitled to Title II Social Security benefits (e.g., Retirement, Survivors, Disability, or Medicare (if applicable), etc.) but he/she will not be allowed to receive monthly Title II payments until he/she takes action to satisfying his/her outstanding warrant.

SSA must send the beneficiary an initial award notice notifying him/her of his/her entitlement to social security benefits, but we must also inform the beneficiary that he/she will not be paid monthly Social Security payments as long as he/she has an outstanding warrant.

NOTE: The PSC/OCO-ODO will use AURORA to complete the fugitive felon II notices. The FOs will use DPS to complete fugitive felon II notices.

B. Preparing an Initial Award Plus Suspension Notice

1. Computer generated award notice

For information on the award notice, see NL 00601.008B.1.

2. Paragraphs to use on the award notice for general entitlement

The initial award notice will include paragraphs and information contained in NL 00601.010 for general title II entitlement factors.

3. Fugitive felon or probation or parole violator paragraphs to add on the award notice

For the paragraphs to use on the initial award plus fugitive felon suspension notice, see NL 00755.100C.

C. Exhibit -- Fugitive Felon/Probation Or Parole Violator Paragraphs

1. Mandatory Fugitive Felon Paragraphs to Be Included in the Initial Partial Award and Fugitive Felon/Probation or Parole Violator Suspension Notice

The following paragraphs and captions listed in the chart below must be included in the Fugitive Felon Initial Award and Suspension Notice to the beneficiary:

NOTE: See NL 00755.100D for a sample of an initial award and fugitive felon/probation or parole violator suspension notice.

a. Initial Award Paragraphs for Use on DPS (FO Notice Instructions)

b. Initial Award Paragraphs to Use on AURORA (PSC/OCO/OCO Notice Instructions)

2. Other Fugitive Felon Paragraphs and Captions that Can Be Used In the Notice

a. Good Cause Paragraphs for Use on DPS and AURORA

b. Miscellaneous Fugitive Felon Captions and Paragraphs for Use on DPS for the Initial Award Plus Suspension Notice (FO Notice Instructions)

NOTE: General close-out paragraph and the appropriate signature are also required for this notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., Medicare paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.

c. Miscellaneous Fugitive Felon Captions and Paragraphs for Use on AURORA for the Initial Award Plus Suspension Notice (PSC/OCO-ODO Notice Instructions)

NOTE: General close-out paragraph and the appropriate signature are also required for this notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., Medicare paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.

3. Paragraphs and Captions that Should Be Included on an Initial Award Plus Fugitive Felon Suspension Notice

NOTE: If the individual is blind or visually impaired, see instructions at NL 01001.010 for more information on the special blind or visually impaired notice options.

D. Exhibit --DPS Paragraph and Captions--Sample Of A Fugitive Felon Initial Award Plus Suspension Notice (FO Notice)

Social Security Administration

Retirement, Survivors, and Disability Insurance

Notice of Award

                                                                            Date: July 1, 2005

                                                                            Claim Number: 123-45-6789A

JOHN G. BENEFICIARY

101 MAIN STREET

ANYTOWN, ST 00001

You are entitled to receive monthly retirement benefits beginning 01/2005.

What We Will Pay And When

• Your monthly benefit is $500.00 beginning 01/2005.

• We cannot pay benefits to you beginning 01/2005 because you have an outstanding arrest warrant for a felony crime.

Information About Your Benefits

Beginning January 2005, the law prohibits us from paying Social Security benefits to individuals who have an outstanding arrest warrant for a crime which is a felony (or, in jurisdictions that do not define crimes as felonies, a crime that is punishable by death or imprisonment for a term exceeding 1 year), or who have violated a condition of probation or parole under Federal or State law. We have information that you fall into one of these categories.

The Information We Have

Our records show that the XYZ Sheriffs Dept., 123 Cypress Lane, New York, NY 12345, PHONE: 800-923-4567, issued a warrant for your arrest for a violent crime on 1/5/2005.

The warrant information we have is:

Warrant number: NY123456

Originating case number: 2345678

National Crime Information Center number: 3456789

Social Security cannot provide further information about the warrant. Please contact the XYZ Sheriffs Dept. directly.

How Your Benefits Can Be Paid

We will pay you if you contact us at any time and can show us that any of the following apply:

• The warrant was issued incorrectly in your name because someone stole your identity. To prove this, submit a copy of the police report that you filed as a victim of identity theft or another official document from the court or the warrant issuing agency stating that the warrant was erroneously issued in your name.

• You were found not guilty of the criminal offense. To prove this, submit a copy of the court docket indicating you were found not guilty of the criminal charges or a copy of the court decision showing that you were found not guilty of the criminal charges.

• The underlying charges relating to the criminal offense were dismissed. To prove this, submit a copy of the court docket indicating charges were dismissed or another official court or law enforcement agency document stating that it dismissed the criminal charges.

• The warrant for your arrest for the criminal offense was withdrawn. To prove this, submit a copy of the court docket or another official document from the issuing agency, indicating the warrant in question was withdrawn.

• You were otherwise cleared of the criminal offense. To prove this, submit a copy of the court docket or other court document indicating you were cleared of the criminal charges.

     

If none of the above applies, we also may pay you benefits if you contact us within 12 months from the date of this letter and can show us that:

• The crime for which the warrant was issued or the probation or parole violation was both nonviolent and not drug related and, if a probation or parole violation is involved, the original crime(s) for which you were paroled or put on probation was both nonviolent and not drug related.

  And

• You have neither been convicted of nor pled guilty to another felony crime since the date of the warrant.

  And

• The law enforcement agency that issued the warrant reports that it will not extradite you for the charges on the warrant or that it will not take action on the warrant for your arrest.

  Or

• The crime for which the warrant was issued is based on or the probation or parole violation was both nonviolent and not drug related and, if a probation or parole violation is involved, the original crime(s) for which you were paroled or put on probation was both nonviolent and not drug related.

  And

• You have neither been convicted of nor pled guilty to another felony crime since the date of the warrant.

  And

• The only existing warrant was issued 10 or more years ago.

  And

• Your medical condition impairs your mental capability to resolve the warrant; or you are incapable of managing your benefits; or you are legally incompetent; or Social Security has appointed a representative payee to handle your benefits or you are residing in a long-term care facility, such as a nursing home or mental treatment/care facility.

Other Social Security Benefits

The benefits described in this letter are the only ones you can receive from Social Security. If you think you might qualify for another kind of Social Security benefit in the future, you will have to file another application.

If You Disagree With The Decision

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

• You have 60 days to ask for an appeal.

• The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.

• You must have a good reason for waiting more than 60 days to ask for an appeal.

• You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called "Request for Reconsideration." Contact one of our offices if you want help.

Please read the enclosed pamphlet, "Your Right to Question the Decision Made on Your Social Security Claim." It contains more information about the appeal.

If You Want Help With Your Appeal

You can have a friend, lawyer, or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it.

Enclosure(s):

Pub 05-10077

NOTE: The general close-out and referral paragraphs and the appropriate signature are also required for this notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., Medicare paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.

E. Exhibit - Aurora Paragraphs And Captions--Sample Of A Fugitive Felon Initial Award Plus Suspension Notice (PSC/OCO-ODO Notice)

Social Security Administration

Retirement, Survivors, and Disability Insurance

Notice of Award

                                                                            Date: July 1, 2005

                                                                            Claim Number: XXX-XX-XXXXA

JOHN G. BENEFICIARY

101 MAIN STREET

ANYTOWN, ST 00001

You are entitled to receive monthly retirement benefits beginning 01/2005.

What We Will Pay And When

Your monthly benefit is $500.00 for 01/2005.

Beginning January 2005, the law prohibits us from paying Social Security benefits to individuals who have an outstanding arrest warrant for a crime which is a felony (or, in jurisdictions that do not define crimes as felonies, a crime that is punishable by death or imprisonment for a term exceeding 1 year), or who have violated a condition of probation or parole under Federal or State law. We have information that you fall into one of these categories.

We cannot pay benefits to you beginning 01/2005 because you have an outstanding arrest warrant for a felony crime.

The Information We Have

Our records show that the XYZ Sheriffs Dept., 123 Cypress Lane, New York, NY 12345, PHONE: 800-923-4567, issued a warrant for your arrest for a violent crime on 1/5/2005.

The warrant information we have is:

Warrant number: NY123456

Originating case number: 2345678

National Crime Information Center number: 3456789

Social Security cannot provide further information about the warrant. Please contact the XYZ Sheriffs Dept. directly.

How Your Benefits Can Be Paid

We will pay you if you contact us at any time and can show us that any of the following apply:

• The warrant was issued incorrectly in your name because someone stole your identity. To prove this, submit a copy of the police report that you filed as a victim of identity theft or another official document from the court or the warrant issuing agency stating that the warrant was erroneously issued in your name.

• You were found not guilty of the criminal offense. To prove this, submit a copy of the court docket indicating you were found not guilty of the criminal charges or a copy of the court decision showing that you were found not guilty of the criminal charges.

• The underlying charges relating to the criminal offense were dismissed. To prove this, submit a copy of the court docket indicating charges were dismissed or another official court or law enforcement agency document stating that it dismissed the criminal charges.

• The warrant for your arrest for the criminal offense was withdrawn. To prove this, submit a copy of the court docket or another official document from the issuing agency, indicating the warrant in question was withdrawn.

• You were otherwise cleared of the criminal offense. To prove this, submit a copy of the court docket or other court document indicating you were cleared of the criminal charges.

If none of the above applies, we also may pay you benefits if you contact us within 12 months from the date of this letter and can show us that:

• The crime for which the warrant was issued or the probation or parole violation was both nonviolent and not drug related and, if a probation or parole violation is involved, the original crime(s) for which you were paroled or put on probation was both nonviolent and not drug related.

  And

• You have neither been convicted of nor pled guilty to another felony crime since the date of the warrant.

  And

• The law enforcement agency that issued the warrant reports that it will not extradite you for the charges on the warrant or that it will not take action on the warrant for your arrest.

  Or

• The crime for which the warrant was issued is based on or the probation or parole violation was both nonviolent and not drug related and, if a probation or parole violation is involved, the original crime(s) for which you were paroled or put on probation was both nonviolent and not drug related.

  And

• You have neither been convicted of nor pled guilty to another felony crime since the date of the warrant.

  And

• The only existing warrant was issued 10 or more years ago.

  And

• Your medical condition impairs your mental capability to resolve the warrant; or you are incapable of managing your benefits; or you are legally incompetent; or Social Security has appointed a representative payee to handle your benefits or you are residing in a long-term care facility, such as a nursing home or mental treatment/care facility.

Other Social Security Benefits

The benefits described in this letter are the only ones you can receive from Social Security. If you think you might qualify for another kind of Social Security benefit in the future, you will have to file another application.

If You Disagree With The Decision

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

• You have 60 days to ask for an appeal.

• The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.

• You must have a good reason for waiting more than 60 days to ask for an appeal.

• You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called "Request for Reconsideration." Contact one of our offices if you want help.

Please read the enclosed pamphlet, "Your Right to Question the Decision Made on Your Social Security Claim." It contains more information about the appeal.

If You Want Help With Your Appeal

You can have a friend, lawyer, or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it.

Enclosure(s):

Pub 05-10077

NOTE: The general close-out and referral paragraphs and the appropriate signature are also required for this notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., Medicare paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.