TN 1 (01-05)

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. Policy

Subject to the rules of administrative finality, fugitive felons and parole and probation violators are not eligible to receive an SSI benefit beginning with the earlier of:

The month in which a warrant, a court order or decision, or an order or decision by an appropriate agency in the United States (e.g. parole board) is issued which finds that the individual is wanted in connection with a crime that is a felony or for attempting to commit a crime that is a felony or is violating a condition of his or her probation or parole; or

The first month during which the individual avoided such prosecution, custody or conviction or violated a condition of probation or parole, if indicated in such warrant, court order, or decision.

NOTE: The warrant does not have to state that the individual is “fleeing” for the suspension to apply.

SSI benefits will not be suspended or denied for fugitive status before August 1996. However, if the recipient is or was absent from a penal institution without authorization (e.g. escapee), he/she is still considered a resident of a penal institution and ineligible for SSI. This policy was in effect prior to August 1996. Therefore, N22 may be input for periods prior to August 1996, subject to administrative finality. In some cases, the recipient was never eligible for SSI.

For individuals residing in Connecticut, New York, or Vermont on or after 12/06/05, see SI 00530.800 for instructions on determining fugitive felon status.

B. References

Administrative finality - SI 00530.500; SI 04070.000

Resident of Penal Institution - SI 00520.009B.1.b.

Warrants for crimes committed in foreign countries - SI 00530.160