GN 02613: Title II/Title XVI Fugitive Felons and Parole and Probation Violators
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.
A. Process – exclusions to reinstatement processing
If a technician determines that an underpayment is due on the record that can be used to reduce a beneficiary’s overpayment, the case must be excluded from POS processing. Use MADCAP/MACADE to process the reinstatement. See GN 02613.780C. for processing instructions.
NOTE: If you are processing the reinstatement action in a Field Office (FO), prepare the POS (FFEL) input anyway and allow the system to generate the exclusion transaction to the Program Service Center (PSC) for manual processing. The FFEL reinstatement or resumption action and all data input along with it are transmitted to the PSC.
B. Process – POS/FFEL reinstatement or resumption exclusion processing
1. FO input of reinstatement action through POS/FFEL
When a FO does the input, the POS message screen shows Title II REINSTATEMENT EXCLUSION ACTION SENT TO PSC FOR PROCESSING. A PCACS action is generated notifying the PSC to process the reinstatement using MACADE/MADCAP. The output generated in the PSC reflects all data necessary to complete the reinstatement using the information input on the FFEL screen.
2. PSC input of reinstatement action through POS/FFEL
When the input is done by the PSC, the POS message screen shows UNABLE TO PROCESS - MACADE/MADCAP ACTION NECESSARY. See GN 02613.780C. for processing if a reinstatement processing exclusion occurs on a record.
3. FO determines that benefits should not be reinstated
If the FO determines that SSA should not reinstate the beneficiary's benefits, the FO will prepare a notice of determination that includes the reason for denying reinstatement and providing the beneficiary with his/her reconsideration rights. Forward the case materials to the PSC module to be drop filed.
C. Procedure - reinstatement did not occur
1. Reinstatement did not occur after 30 days (diary matures)
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IF: |
THEN: |
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Reinstatement has not occurred and the MBR still shows LAF S9. |
Call the appropriate PSC check on the status of the reinstatement and ask them to expedite the reinstatement through MADCAP/MACADE. FAX the material to the appropriate PSC for manual reinstatement. (See Fugitive Felon FAX instructions in GN 02613.980.) |
2. PSC — PCACS exclusion output
The PSC is responsible for MADCAP inputs. If T2 cannot process the FFEL screen input, the PSC will receive an exception via PCACS. The servicing PSC will input a MADCAP action to reinstate benefits.
Reinstatement of Benefits by the PSC
The PSC will take the following actions to reinstate benefits:
Verify that the beneficiary continues to meet all entitlement/eligibility payment factors, both disability and non-disability, before reinstating benefits.
Reinstate benefits via MADCAP.
CAUTION: Before reinstating benefits, ensure that no other reason for suspension exists.
Send the appropriate notice to the beneficiary based on reinstatement of his/her benefits. Notify him/her if additional overpayments or underpayments exist on the record because of the reinstatement of benefits.
3. FO determines benefits should not be reinstated
The FO will prepare a determination explaining that their development revealed we should not reinstate the beneficiary's benefits. Forward the case materials to the PSC module. The PSC module will review the case materials, the reinstatement denial and any other case characteristics that may affect the content of the denial notice. The PSC will prepare a notice of denial that includes the reason for denying reinstatement. Include second level of appeal language in the notice.
NOTE: 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.