TN 3 (11-05)

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.

SSA has created a warrant database to control and house all felony-type or probation or parole warrant information received from foreign and domestic law enforcement agencies participating in the Fugitive Felon Computer Matching Operation and in some instances from the public. The FFSCF will be used to establish, monitor and control the warrant information SSA receives from its warrant sources and ensure that SSA will react timely on the warrant information. It will also provide automation for many of the current manual work place functions that are necessary for notifying Title II beneficiaries of proposed suspension of their benefits and then subsequently suspending Title II benefits for the fugitive felon and probation or parole violator suspension provisions. The FFSCF will give SSA the ability to track an incoming warrant from its receipt into SSA until a final disposition is annotated to the FFSCF for that warrant.

A. Process - fugitive felon SSA control file (FFSCF) — warrant data base

1. FFSCF warrant data base

SSA has established a Fugitive Felon SSA Control File (FFSCF) with functionality to:

• record warrant information (both batch and online inputs),

• match warrant records against the MBR and RPS in addition to the SSR,

• handle the OIG warrant referral data exchange,

• generate “actionable” warrant files to FFAP (SSI matches) and RPS (only felony warrants are matched against the RPS),

• support automated advance notice of proposed suspension (i.e., due process notices) notices for Title II beneficiaries, where appropriate,

• generate finders to T2 (automated suspensions for T2 beneficiaries),

• support online updates against the FFSCF (CICS data collection),

• support FFSCF database queries, and

• update of FFSCF based on warrant updates against the MBR.

NOTE: The FFSCF will only store information on warrants that affect or have the potential to affect SSA beneficiaries. If no match is located on the MBR, SSR or RPS, the warrant will be dropped. Only warrants for enumerated beneficiaries will be stored on the FFSCF although benefit suspensions can be done for non-enumerated beneficiaries based on T2 or SSI screen input.

2. Warrant information received by SSA offices

a. Warrant information received by SSA field offices, PSC or OIG offices

See GN 02613.150 for information on processing warrant information received directly by SSA Field Offices or OIG offices.

If warrant information is received by the PSC centers forward the warrant information to the SSA FO that has jurisdiction of the beneficiary’s address on the MBR for processing per GN 02613.150.

b. New warrant information received by SSA’s fugitive felon matching operation

When processing fugitive felon cases, it may be beneficial to understand the flow of information for matched records resulting from fugitive felon files received from various Law Enforcement (LE) jurisdictions.

• Fugitive felon reporters such as the National Crime Information Center (NCIC), State police offices, city police offices or county sheriffs’ offices submit reports (e.g., electronic files, paper reports, walk-in reports, phone calls, etc.) to SSA containing outstanding felony and parole/probation violator warrants.

• The files are run through the Enumeration Verification System (EVS) to match identifying information such as the name, SSN, and DOB to SSA's records.

• FFSCF takes the EVS matched data and drops duplicates and warrants with EVA Verification codes not equal to blank, 2, * or A.

  EVS Codes for fugitive felon actionable warrants:

  • “blank” (SSN matched on SSN, name, DOB and sex,

  • “*” (SSN didn’t verify; different SSN located that matched name, DOB and sex),

  • “2” (SSN match on name and DOB; no match on sex) and

  • “A” (SSN didn’t verify; different SSN located that matched exactly on name and DOB using an alpha search)

• FFSCF then matches against the MBR, SSR and RPS (felony warrants only) systems. Records are matched for individuals at the time of the referral in Title II payment status codes of Ax (except for Ad or As), C, Dx, E, Px (except PT), Sx (except for SD, but including S7) or Tx (i.e., terminated within the past 3 months). FFSCF drops “no match” warrants and generates a file for matched warrants to OIG.

• OIG reviews the matched data to resolve identity issues and to ensure that the warrant is active (unsatisfied) for a felony crime or a probation/parole violation that carries a penalty of death or imprisonment over 1 year. A file of the SSR and MBR warrant matched records are created for OIG to load into their National Investigative Case Management System (NICMS).

• OIG provides the LE agencies with information regarding the beneficiary’s current address to aid in the apprehension of the individual and allows 60 days for the LE to complete their action. OIG then creates a Warrant Disposition File.

• FFSCF updates the database and then generates a Warrant File for the Title XVI warrant match and also a Warrant file to the Representative Payee System (RPS) for open/felon representative payee warrants. (Refer to GN 00504.102 and MSOM RPS 001.004 for representative payee information.)

• FFSCF generates an automated Advance Notice of Proposed Suspension Notice for Title II outstanding (i.e., open warrants) warrant matches (over 30 continuous days old).

• FFSCF generates T2 Suspension Finder for Title II matched cases meeting the criteria for suspension as outlined in GN 02613.100D.1. T2 will send an automated T2 closed period suspension/overpayment notice or suspension/overpayment notice, as appropriate.

c. Warrant already exists on FFAP (Title XVI) warrant system

When processing fugitive felon cases, it may be beneficial to understand the flow of warrants from the Title XVI FFAP warrant system to the FFSCF warrant database.

• Fugitive felon reporters such as the National Crime Information Center (NCIC), State police offices, city police offices or county sheriffs’ offices submit reports (e.g., electronic files, paper reports, walk-in reports, phone calls, etc.) to SSA containing outstanding felony and parole/probation violator warrants.

• The files are run through the Enumeration Verification System (EVS) to match identifying information such as the name, SSN, and DOB to SSA's records.

• FFSCF takes the EVS matched data and drops duplicates and warrants with EVS Verification codes not equal to blank, 2, * or A.

  EVS Codes for fugitive felon actionable warrants:

  • “blank” (SSN matched on SSN, name, DOB and sex,

  • “*” (SSN didn’t verify; different SSN located that matched name, DOB and sex),

  • “2” (SSN match on name and DOB; no match on sex) and

  • “A” (SSN didn’t verify; different SSN located that matched exactly on name and DOB)

• FFSCF identifies the incoming warrant as a match against the “FFAP warrant and the FFAP warrant is loaded into FFSCF.

• FFSCF updates the database and then matches against the MBR. Records are matched for individuals at the time of the referral in Title II payment status codes of Ax (except for Ad or As), C, Dx, E, Px (except PT), Sx (except for SD, but including S7) or Tx (i.e., terminated within the past 3 months). FFSCF drops “no match” warrants and generates a file for matched warrants to OIG.

• FFSCF generates a Warrant File for the Representative Payee System (RPS) for open/felon representative payee warrants. (Refer to GN 00504.102 and MSOM RPS 001.004 for representative payee information.)

• FFSCF generates an automated Advance Notice of Proposed Suspension Notice for Title II outstanding (i.e., open warrants) warrant matches (over 30 continuous days old).

• FFSCF generates T2 Suspension Finder for Title II matched cases meeting the criteria for suspension as outlined in GN 02613.100D.1. T2 will send an automated T2 closed period suspension/overpayment notice or suspension/overpayment notice, as appropriate.

B. Process – suspending Title II benefits because of fugitive felon/probation or parole violator outstanding warrants

1. FFSCF automated suspension of Title II benefits

During the course of the Fugitive Felon Matching Operation, FFSCF will generate a trigger (T2 finder) to automatically suspend Title II benefits for fugitive felon/probation or parole violator suspensions if:

• the OIG verification process indicates that the warrant is “actionable,” and

• Title II entitlement(s) was/were identified in the FFSCF MBR matching operation, and

• due process maturity date, if established, is past and no protest is pending (this process will also include closed period of suspension cases where the beneficiary is in nonpayment status or the warrant has been satisfied), and

• the warrant has been in effect for more than 30 consecutive days.

NOTE: Advance notice of proposed suspension (due process notification) will not be initiated in FFSCF if the OIG warrant status documents that the warrant has been dismissed or the beneficiary has been apprehended. The notification of SSA’s determination of the fugitive felon/probation or parole violator suspension will be handled as part of the suspension and overpayment processing when the retroactive suspension is imposed in Title II.

2. Fugitive felon suspension and reinstatement (FFEL) screen

Manual suspension of Title II benefits for fugitive felon or probation or parole violator suspensions will be input via the Fugitive Felon Suspension and Reinstatement (FFEL) in MCS, POS and MACADE. See MSOM COMMON 005.035 for information on the FFEL screen.

NOTE: The MACADE screen will be a “look-a-like” screen that updates FFEL data to and receives data from the T2Shared processing system but it will be a MACADE, not common screen.

3. Processing of the FFSCF T2 finder or FFEL screen

Processing of Title II suspensions for fugitive felon or probation or parole violator suspensions either via the FFSCF T2 Finder or FFEL input will result in.

• Establishment or update of new FFEL data to the FUGITIVE line on MBR (SM 00510.000 for information on the FUGITIVE line on the MBR) and

• LAF S9 Suspension with unique RFST of “FUGFEL”

CAUTION: The priority of the S9/FUGFEL suspension will be immediately below the prisoner (LAF S7) suspensions. See GN 02602.025 for the priority of suspension actions.

NOTE: When the T2 system does not process the suspension action an exception occurs in T2 processing, a PCACS control will generate to the appropriate PSC for suspension processing through MACADE/MADCAP.

4. When T2 suspension does not work

See GN 02613.760 for instances where the FFEL T2 suspension action may not process the suspension correctly.

C. Process - FFSCF screens

1. Accessing the FFSCF screens

FFSCF Screens will be accessed from:

SSA MAIN MENU, Selection #33 (PRISON SYSTEM/FUGITIVE FELONS) and PRISON SYSTEM/FUGITIVE FELON SUBMENU, Selection #3 FUGITIVE FELON SSA CONTROL FILE (FFSCF))

See MSOM PRISON 006.002 for more detailed information on the Fugitive Felon SSA Control File Screens.

2. FFSCF screens ID and trans ID chart

D. Procedure - coordinating fugitive felon and prisoner suspensions

1. Title II only cases

If the fugitive (LAF S9 an RFST FUGFEL) and the Prisoner Suspension (LAF S7, RFST OF PRISON, MENTAL OR PREDTR) are both being processed simultaneously, process the PRISON suspension first. The Prisoner suspension must be processed before the fugitive suspension in order to automatically pay the incentive payment if one is due a participating correctional institution.

If a T2 prisoner suspension and a T2 fugitive felon/probation or parole violator suspension are input simultaneously, the resulting suspension will be reflect an RFST of PRISON/MENTAL/PREDTR and LAF S7 or all overlapping fugitive felon S9 and prisoner suspension S7 months, if any overlap occurs.

a. Beneficiary is arrested and confined in a correctional institution, but not convicted of a crime

When a beneficiary is arrested by the law enforcement agency that issued the warrant and then is confined in a correctional institution awaiting trial, the fugitive felon suspension status ends with the month after the month of the beneficiary's arrest; i.e., the warrant is satisfied.. Once the law enforcement agency that issued the warrant for the beneficiary's arrest, does in fact arrest the beneficiary, the warrant has then been satisfied.

Continuing confinement in a correctional institution after the beneficiary's arrest, while he/she is awaiting trial, does not cause the beneficiary to be suspended for prisoner suspension. The beneficiary is not convicted of a criminal offense until he/she goes to trial and is judged and sentenced for his/her crime. Once the beneficiary is convicted and sentenced to confinement for more than 30 consecutive days, prisoner suspension would apply from the date of conviction/confinement forward. See GN 02607.000 for the prisoner suspension provisions.

b. Beneficiary is arrested and confined in a correctional institution, additional warrants are unsatisfied for the beneficiary

When a beneficiary, who has more than one unsatisfied warrant, is arrested by the law enforcement agency that issued one of the unsatisfied warrants for the beneficiary, the warrant issued by the arresting law enforcement agency has been satisfied. The remaining unsatisfied warrants for the beneficiary remain unsatisfied until the beneficiary satisfies the remaining unsatisfied warrants. In this instance the beneficiary will be subject to the fugitive felon/probation or parole violator suspension provisions until the remaining unsatisfied warrants have been satisfied or good cause can be found for not satisfying the remaining unsatisfied warrants. See GN 02613.010 for the fugitive suspension provisions and see GN 02613.025 for the good cause provisions.

Each remaining unsatisfied warrant will be evaluated per GN 02613.010 and GN 02613.025 to determine if suspension will apply for each or the unsatisfied warrants.

2. Concurrent Title II/Title XVI case processing – fugitive felon or probation or parole violator suspension

Concurrent Title II and Title XVI fugitive felon suspension case processing will be done independently of one another except when the beneficiary provides good cause and it is accepted.

The T16 warrant information will be received through the FFAP system per GN 02613.100A.2. Process the warrant information per SI 00530.000.

If theT16 beneficiary requests good cause, process per SI 00530.015.

The T2 warrant will be received through the FFSCF system as indicated in GN 02613.100A.2.

The T2 warrant information will be processed per GN 02613.100B.

If the T2 beneficiary requests good cause, process the good cause information per GN 02613.025.

Review of T16 or T2 Fugitive Felon or Probation or Parole Violator Suspension Cases Uncovers Entitlement on Other Title

Under the old (pre-11/19/2005) fugitive felon or probation or parole violator warrant processing environment the matching criteria used against the MBR or SSR did not always identify concurrent entitlement when matching the warrant to each payment record system (i.e. the MBR or SSR). If you discover while reviewing the fugitive felon or probation or parole violator suspension that only one title in a concurrent (T2/T16) entitlement has been suspended due to fugitive felon or probation or parole violator suspension, you must process the fugitive felon or probation or parole violator suspension for the other title.

NOTE: Only one good cause determination for the same warrant will be necessary for the concurrent beneficiary (Title II/Title XVI). Updating of the good cause determination will, however, be necessary on each separate title as well as updating payment issues for Title XVI.. For the Title XVI good cause coding use FFAP, for Title II good cause coding use the FFSCF. If good cause is found, annotate a good cause determination for the concurrent good cause determination per GN 02613.025C.6.

3. Concurrent Title II/Title XVI cases - fugitive felon or probation or parole violator suspension and prisoner suspension case processing

When a beneficiary with an unsatisfied warrant is concurrently entitled and is arrested and subsequently convicted and confined, the Title II fugitive suspension and the SSI N25 fugitive felon status must be coordinated with the Title II prisoner suspension and the SSI N22 prisoner status, as practical.

a. Step 1

b. Step 2

4. Developing representative payee suitability

Check RPS in each case where the beneficiary/claimant has an outstanding felony warrant to determine if he/she is serving as a representative payee.

Effective 4/2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition. Refer to GN 00502.133.