TN 7 (09-08)

A. Background

The Fowlkes AR provides that SSA will not suspend benefits merely because a beneficiary has an outstanding felony warrant for more than 30 continuous days and the beneficiary resides in New York (NY), Connecticut (CT), or Vermont (VT) effective December 6, 2005 or later unless, SSA also receives evidence that the individual knows there is an outstanding arrest warrant and the warrant was issued on the basis that the individual was fleeing from justice. (For the definition of a felony, see GN 02613.001B.2.)

SSA will continue to process initial claims using the Modernized Claim System (MCS) or Internet Claims (iClaim) application for claimants or applicants residing in NY, VT or CT. For additional information about processing initial award cases, see GN 02613.050A. (Nationwide, effective September 27, 2008, SSA will no longer ask the fugitive felon or probation or parole violator questions on any Title II Social Security benefit application.)

The applicant must reside in CT, NY or VT to qualify for Fowlkes AR relief per GN 02613.810A.5. In concurrent cases, if the addresses on the MBR and the Supplementary Security Record (SSR) differ, and only one of the addresses is in CT, NY, or VT, contact the individual to determine whether he or she actually resides in CT, NY, or VT and document the file before identifying the case as a Fowlkes AR case. For additional information about Fowlkes AR and case processing instructions, see GN 02613.810.

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.

B. Procedure for developing representative payee suitability under the Fowlkes AR

If a representative payee applicant is residing in CT, NY or VT and he or she self-reports an unsatisfied felony warrant during the representative payee application process, continue to process that application in accordance with existing POMS; i.e., generally they are disqualified from serving as payee. Rep payee/fugitive felon match alerts from these three states are being suspended at this time.

Check the Representative Payee System (RPS) in each case where the beneficiary has an unsatisfied felony warrant to determine if he or she is serving as a representative payee. For instructions on processing warrant reports in representative payee situations for applicants residing in CT, NY or VT, see GN 00504.102.