TN 2 (11-06)

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 - Reinstating Title II Benefits After Fugitive Felon Suspension No Longer Applies—Warrant is Satisfied

Title II monthly benefits will be reinstated effective with the first full month throughout which the beneficiary does not have an active warrant (i.e., satisfies his/her outstanding warrant) for a:

• crime or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the sentence imposed.; or,

• violation of a condition of Federal or State probation or parole.

(See GN 02613.500 for specific instructions on reinstating benefits after fugitive felon suspension no longer applies.)

SSA will send the beneficiary a reinstatement notice to inform him/her that he/she will begin receiving Title II benefits and the reason that the Title II benefit can be reinstated; i.e., the beneficiary has satisfied the warrant or the warrant was dismissed.

NOTE: For manually prepared notices 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.

B. Procedure - Fugitive Felon Reinstatement Paragraph

1. Fugitive Felon Reinstatement Paragraph 502

a. DPS (FO Notice Preparation) Fugitive Felon Reinstatement Paragraph

b. AURORA (PC/OCO-ODO Notice Preparation) Fugitive Felon Reinstatement Paragraph

2. Reinstatement 502 Paragraph Fill-ins

a. Reinstatement Paragraph Fill-ins for the 502 Paragraph

b. Example of the FUG02 paragraph for Explaining Reinstatement Information

Our Decision

Based on the information you have provided us, we can pay you beginning 01/2005 because you have satisfied the warrant.

C. Exhibit- Reinstatement Notice When Warrant Is Satisfied

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

                                                                            Date:

                                                                            Claim Number: XXX-XX-XXXXA

JOHN G. BENEFICIARY

101 MAIN STREET

ANYTOWN, ST 00001

What We Will Pay And When

Your monthly benefit is $500.00 beginning 03/2005.

Our Decision

Based on the information you have provided us, we can pay you beginning 03/2005 because you have satisfied the warrant.

Other Social Security Benefits

The benefits described in this letter are the only ones to which you are entitled 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 can 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.

Your Responsibilities

Your benefits are based on the information you gave us. If this information changes, it could affect your benefits. For this reason, it is important that you report changes to us right away.

We have enclosed a pamphlet, “Your Social Security Rights and Responsibilities.” It tells you what you must report and how to report. Please be sure to read the part of the pamphlet which explains how work could changes your payments.

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-610-433-3237. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

SOCIAL SECURITY
41 N 4TH ST
ALLENTOWN, PA 18102

If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.  

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