TN 4 (12-06)

CITATIONS: Acquiescence Ruling (AR 06-1(2)) dated April 6, 2006 Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005): Determining Whether an Individual is a Fugitive Felon Under the Social Security Act (Act) --Titles II and XVI of the Act

Generally, the Fowlkes Acquiescence Ruling (Fowlkes AR) applies to all Title XVI eligibility and Title II or Title XVI payment suspensions based on fugitive felon status issued on or after December 6, 2005, to beneficiaries residing within the Second Circuit (i.e., CT, NY or VT). It applies at all levels of the administrative review process (i.e., reconsideration, Administrative Law Judge (ALJ) hearing or Appeals Council (AC) review). Before denying Title XVI eligibility or suspending Title II or Title XVI payments based on fugitive felon status, SSA will require more evidence than an outstanding felony arrest warrant alone for individuals residing within the Second Circuit. Similarly, Fowlkes AR readjudication of cases coded under EM 06001-SEN and EM-06011 SEN are only available if the individual resided within the Second Circuit (i.e., CT, NY or VT) at the time SSA made its initial determination or administrative review determination to deny Title XVI eligibility or to suspend Title II or Title XVI payments due to fugitive felon status. See GN 02613.810A.2 for further information on applying the Fowlkes AR to a request for relief by a Title II beneficiary.

NOTE: The Fowlkes AR does not apply to eligibility denials or payment suspensions based on an unsatisfied warrant for a Federal or State probation or parole violation.