TN 35 (10-96)

Citations:

Sec. 202 of Public Law (P.L.) 104-193

A. Policy

Section 202 of P.L. 104-193 requires SSA to provide certain information about fugitive felons and parole/probation violators to a Federal, State, or local law enforcement (LE) officer in specific circumstances when requested. The information request must be in writing. The disclosure of information under this provision applies only to SSI recipients, and does not include disclosure of Federal tax return information.

The written request from the LE officer must be on the law enforcement agency's letterhead and include the following:

• the name of the individual being sought and enough other information to identify him or her;

• a statement that the person is an individual described in SI 00530.005;

• a statement that the individual has information necessary for the officer to conduct his/her official duties; and

• a statement that the officer's official duties include the location or apprehension of the individual.

SSA must then determine whether the individual that the LE officer is seeking is an SSI recipient. For purposes of releasing information to a LE officer under this provision, consider individuals in payment suspense status (e.g., PS codes E01, E02, N01, N02, N03, N04, N05, N06, N20, S06, S07, S08, S09, S10, etc.) to be current SSI recipients. Do not release information under this provision on an individual who is an SSI claimant, and who has not yet been determined eligible, or on an SSI claimant who has been denied eligibility (including DS codes N01, N02, N03, N04, N06, N07, N13, N17, and PS code T51). Do not release information under this provision on an individual whose benefits have been in suspense for more than 12 consecutive months (PS code T31).

When the written request meets the requirements above, SSA must provide the law enforcement officer with the recipient's SSN, current address, and photograph (if available in SSA's records).

IMPORTANT: You may provide the information above to an LE officer as soon as you receive the written request, verify that it complies with the law as described above, and determine that the individual is an SSI recipient. Follow the procedure in SI 00501.055B.1. Refer to the instructions in SI 00530.410 before taking any action to suspend or deny the benefits of an individual described in SI 00530.005 based upon information received from a LE officer.

B. Procedure - Disclosure of Information

1. Individual Considered an SSI Recipient

If the individual is considered an SSI recipient for purposes of this provision (see SI 00501.055A.), retain the written request in the recipient's file. When the written request from the LE officer meets the requirements in SI 00501.055A., provide the officer with the recipient's SSN and current address. You may provide this information to the LE officer by telephone. You must initiate the call to the LE officer's telephone number shown on the written request. If someone calls the FO and identifies himself or herself as a LE officer requesting information on the SSI recipient, do not give out the information unless you are certain that it is the LE officer who made the written request. If the recipient's file contains a photograph (or copy of a photo ID) of the recipient, provide a copy to the LE officer if the folder is available in the FO. It is not necessary to request a prior folder from storage in order to search it to see if it possibly contains the recipient's photograph. Advise the LE officer that SSA does not routinely keep photographs of SSI recipients.

If the individual is in current pay status and the criteria for suspension of benefits in SI 00530.001 apply, explain to the LE officer that SSA must notify the recipient that we will suspend his/her SSI benefits. Negotiate a date with the LE officer to issue the notice. The notice must be issued within 30 days. See SI 00530.017 for required manual notices and notice instructions. See SI 00530.205 for systems input instructions.

2. Individual is Not Considered an SSI Recipient

If the individual is not considered an SSI recipient for purposes of this provision (see SI 00501.055A.), follow disclosure policy in GN 03312.035. The rules for disclosure of information to LE on such an individual are different from those covered by this provision of law.

C. Procedure - Reports To Teleservice Center (TSC)/Spike Unit

When a Federal, State or local law enforcement (LE) agency contacts a TSC or SPIKE unit to report an individual who is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime as described in SI 00530.005, or is violating a condition of probation or parole, advise the LE officer that the report must be in writing on the LE agency's letterhead, and must include all of the items listed in SI 00501.055A.

CAUTION: Do not give out the information requested by the caller. Provide the caller with the address of the servicing FO for the LE agency, since the LE officer may not know the claimant's SSN and address.

If a third party who is not a LE officer contacts you about someone who may be a fugitive felon or a probation or parole violator, take the information (claimant's name, SSN if known, address, and any information the caller can provide about the claimant's status as a felon including the jurisdiction he/she is fleeing from, if known) and forward it to the servicing FO via Modernized Development Worksheet (MDW).