GN 02613: Title II/Title XVI Fugitive Felons and Parole and Probation Violators
TN 11 (08-10)
A. Pre-2007 Title II Martinez relief implementation
The pre-2007 relief is for class members with a Title II fugitive felon suspension (except for offense codes of 4901, 4902, 4999, 5011, 5012, 8101, or 8102) that began on or after 1/1/2005 and ended on or before 12/31/2006. For these class members, the agency will:
Stop collecting the overpayment and remove any remaining overpayment balance based on such a suspension, and
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Notify any pre-2007 class member who was not receiving payments as of 4/1/2009 based on the previous fugitive felon policy that we may reinstate benefits back to 4/1/2009 if the individual contacts us within 6 months of the notice date.
NOTE: Title II monthly benefits do not terminate when the benefits are placed into fugitive felon suspension. A reinstatement action, rather than a new application, is all that is necessary to start benefits again.
For a detailed description of the pre-2007 Martinez relief, see GN 02613.860B.4.
On April 14, 2010, we mailed an informational notice to the Class Members who were eligible for pre-2007 relief. An exhibit of the Title II pre-2007 informational notice is in GN 02613.869A. Language for use in overpayment collection relief notices is listed in GN 02613.869B.
After releasing the notice, the affected cases were forwarded to the PSCs to cancel or remove any remaining fugitive felon overpayments for the period January 1, 2005 – December 31, 2006.
The social security numbers and names of the Class Members who received the pre-2007 informational notices are on the Civil Action Tracking System (CATS) with a Court Case Identifier (CCID) of F2.
B. PSC pre-2007 overpayment processing
1. Identification of the pre-2007 overpayment processing workload
The pre-2007 Martinez relief cases will have a Processing Center Action Control System (PCACS) issue to alert the technician that the case is available for processing. The PCACS for the pre-2007 Martinez cases will contain the following information to identify the case:
TOEL1: OPMT TOEL2: ISSUE TOEL3: ROAR TOEL4: MART2
2. Pre-2007 overpayment collection relief processing
In order to remove or reduce a beneficiary’s fugitive felon overpayment:
review the MBR, the Recovery Overpayment Accounting Record (ROAR), the Fugitive Felon System Control File (FFSCF), and the Payment History Update System (PHUS) records carefully to determine the correct outstanding fugitive felon overpayment balance. You can find the instructions for reviewing the MBR, ROAR, FFSCF and PHUS records in GN 02613.868.B.3. (in this section);
compare the fugitive felon overpayment balance to the existing overpayment events on the ROAR record and the BOUD on the MBR. You can find the instructions for comparing the fugitive felon overpayment balance to the ROAR record in GN 02613.868.B.4 (in this section);
input the overpayment removal or reduction amount to ROAR to eliminate the remaining pre-2007 fugitive felon suspension overpayment on SSA’s records and also have ROAR generate a notice to the beneficiary of the action. The instructions for removing the fugitive felon overpayment from the beneficiary’s record is in GN 02613.868.B.5. (in this section).
3. Review of SSA payment records
The following chart provides instructions for reviewing SSA payment records to determine the outstanding balance on the fugitive felon overpayment. Review every payment record listed below and record your findings in order to determine the total outstanding overpayment amount for the fugitive felon suspension period.
The chart provides information on the SSA records and data elements you must review in order to determine the fugitive felon suspension overpayment balance:
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SSA Payment record |
Review of SSA payment record |
Result of Review |
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Master Beneficiary Record (MBR) query |
CO MSG1 data line will include information about the type of Martinez relief that the beneficiary is due. |
Confirm that the special message data line states: “MARTINEZ COURT CASE PRE-2007 RELIEF APPLIES.” |
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FUGITIVE data line will show warrant information. |
Check the data entries in this data field to determine the:
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HISTORY data line will reflect a history of payment changes to the record. |
Check the data entries in this line to determine the period(s) S9 with an HFRST of FUGFEL between 01/05 – 12/06. (This is the timeframe for qualifying for pre-2007 Martinez relief.) Check the following fields in the HISTORY data line: STATUS CODE--Position 3, Benefit Paid Designation (BPD) of this entry shows if the monthly benefit was paid, code “1;“or, not paid, code “0.” Reason for Suspension or Termination (SUS/TERM)--The code will be “9” with an HRFST of “FUGFEL.” Monthly Benefit Credited (MBC)-- MBC is the monthly title II benefit due after any appropriate dollar rounding (considering a deductible of SMI premium) BUT prior to the actual collection of any obligation of the beneficiary (including SMI premium). Determination of any overpayment or underpayment amount and check amount will be based on the credited amount. |
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O/U PAY data line shows the most recent overpayment occurrence on the record and the reason for the overpayment. |
Check the data line to confirm a fugitive felon suspension overpayment. The Due Process Overpayment Type (DPOT) T2 FF/SUS/FEL, (Type of Event (TOE) 73), will show if this is a fugitive felon overpayment. The Due Process Overpayment Amount (DPO) should be identical to the amount that appears on the ROAR record as a fugitive felon overpayment event. If the DPOT is other than TOE 73, you will remove or reduce the overpayment amounts as indicated in the instructions in GN 02613.868B.5 (in this section). Eliminate or reduce this O/U PAY amount when you process the ROAR transaction to remove or reduce the fugitive felon suspension overpayment from the record. |
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Recovery Overpayment Accounting Record (ROAR) |
BENEFIT data line |
Identify the total current balance due for all overpayments for the beneficiary stated on the BBAL-$$$$$ data line. |
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EVENT data line |
Find the Event Identifier (EI) for the fugitive felon overpayment (e.g., 01, 02, etc.). Find the Type of Event (TOE) for the fugitive felon overpayment on the EVENT data line, (e.g., T2 FUF SUS/FEL WAR, PRIS SUS NON-MENT, OTHER OR CONSOLIDATED LDO, etc.). Find the STATUS for the fugitive felon overpayment. Determine from the STATUS code entry the current recovery effort for the fugitive felon overpayment (e.g., BEN ADJ, DUE PROCESS, etc.). |
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HISTORY data line |
Identify the entries in the data line to determine when the fugitive felon overpayment amount was annotated to the ROAR record:
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Fugitive Felon System Control File (FFSCF) |
Fugitive Felon Warrant Data (FFWQ)Screen |
Review the following data fields on this screen to determine if you need to distinguish the suspension for this warrant from other warrants that may be annotated for this beneficiary:
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Payment History Update Query (PHUS) |
TRANS data line |
The PHUS retains the entire Transaction line as a permanent record of actual payment history. If you need more information on the TRANS data line of the PHUS query, see SM 00545.275. |
After completing your review of the MBR, ROAR, FFSCF and PHUS, determine the amount of the fugitive felon overpayment to remove from the beneficiary’s BOUD/ROAR record.
If no fugitive felon suspension overpayment exists (i.e., the fugitive felon suspension overpayment balance is $0.00) after you complete your review of the MBR, ROAR, FFSCF, or PHUS records, annotate the results of your review of the case to the Special Message data field on the MBR (SP MSG 1). Add the following special message to the MBR: “Review of Martinez Pre-2007 Period Done, MM/DD/CCYY. No FF O/P Bal Remains.” The instructions for adding a special message to the MBR are in MSOM QUERIES 006.026.
If the fugitive felon suspension overpayment should remain on the record after you complete your review of the MBR, ROAR, FFSCF, or PHUS records (e.g., the fugitive felon suspension overpayment balance is due to a probation/parole violation warrant), annotate the results of your review to the Special Message data field on the MBR (SP MSG 1). Add the following special message to the MBR: “Review of Martinez Pre-2007 Period Done, MM/DD/CCYY. FF O/P Bal Remains--Not Martinez Eligible.”
NOTE: There is a priority order for applying terminations and nonpayment, reduction, deduction, and withholding events to monthly Title II benefit amounts. For more information on the priority of applying terminations and nonpayment, reductions, and withholding events, go to GN 02602.025.
If you must remove the pre-2007 fugitive felon suspension overpayment from BOUD/ROAD:
The instructions for removing the fugitive felon overpayment from BOUD/ROAR for the TOE 73 identified overpayment are in GN 02613.868B.4 (in this section).
The instructions for removing the fugitive felon overpayment from BOUD/ROAR for consolidated overpayment events are in GN 02613.868B.5 (in this section).
4. Removal of remaining felon overpayment balance from ROAR (TOE 73- T2 FF SUS FEL/WAR Overpayment)
Once you have determined the total remaining overpayment amount to remove from the beneficiary’s BOUD/ROAR record, take the actions outlined in the chart below.
NOTE: Do not correct the benefit history in the HISTORY data field of the MBR. The monthly benefits will remain in ledger account file status of “S9” with an HRFST of “FUGFEL” for the fugitive felon suspension closed period.
Take the following actions to remove the remaining fugitive felon overpayment balance from ROAR/BOUD:
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Steps |
Actions |
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1 |
Remove the current fugitive felon overpayment balance TOE 73-T2 FF SUS/FEL/WAR event on the ROAR/BOUD overpayment record using the DEBT MANAGEMENT SYSTEM (DMS) screens as instructed below: Civil Action Screen (DRCA)
Move the case to the selected reviewer’s paperless queue designated by your office to authorize the input action. |
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The designated approving reviewer will log into PCOM with a different PIN than the one used to input the DRCA screen. If the reviewer is satisfied with the proposed ROAR transaction, process the approval as follows: On the Review Civil Action Screen (DRWA)
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3 |
The DEBT MANAGEMENT SYSTEM will send an automated notice to the beneficiary to explain the removal of the fugitive felon overpayment. The paragraphs that will appear on the notice are in GN 02613.869B.2. NOTE: If the beneficiary is deceased (i.e., LAF T1), ROAR will only send a notice of the fugitive felon overpayment removal or reduction, if the beneficiary had a representative payee on his or her record at the time of death. |
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4 |
You must reprocess all Debt Management input exceptions using the screens in the Debt Management System (DMS). The instructions for resolving debt management exceptions are in SM 00610.410 through SM 00610.420. |
NOTE: Type of Event (TOE) 73 may have been incorrectly used for a probation and parole violator suspension overpayment (TOE 74) on ROAR. Carefully examine the offense code on the warrant in conjunction with the TOE 73 annotated to the ROAR record to make sure you are removing the correct overpayment balance for the correct warrant and that warrant’s corresponding overpayment period. To review the offense codes on a warrant, see the instructions in GN 02613.868B.3. in this section.
5. Removal of remaining felon overpayment balance from ROAR/BOUD for consolidated overpayment events
a. Comparing the fugitive felon overpayment balance and the consolidated overpayment event amount
To determine the amount for pre-2007 Martinez relief you must compare the outstanding fugitive felon suspension balance to the ROAR/BOUD balance. First, determine the amount of monthly benefits paid to the beneficiary for the fugitive felon suspension period that caused the fugitive felon overpayment. Based on your review of the SSA records according to GN 02613.868B.3. (in this section), compute the amount of monthly benefits paid during the closed suspension period and compare this amount to the ROAR/BOUD overpayment record amount.
NOTE: Compute overpayment amounts only for warrants that have an offense code other than 4901, 4902, 4999, or probation or parole violation warrants with offense codes of 5011, 5012, 8101 or 8102 when computing the removable fugitive felon overpayment.
Compare the total amount of monthly benefits paid to the beneficiary for the fugitive felon suspension period to the ROAR/BOUD overpayment balance for the consolidated multiple overpayment event (this consolidated overpayment event includes the fugitive felon overpayment).
If the outstanding ROAR/BOUD consolidated overpayment balance is greater than or equal to the computed overpayment for the fugitive felon suspension period, you will remove the amount of the computed fugitive felon suspension overpayment from ROAR.
If the outstanding overpayment balance remaining on ROAR is less than the fugitive felon suspension period, you will remove the entire consolidated overpayment balance on the ROAR record.
b. Removal of overpayment from ROAR/BOUD for fugitive felon overpayment
Do not correct the benefit history in the HISTORY data field of the MBR. The monthly benefits will remain in ledger account file status (LAF) of “S9” with an HFRST of “FUGFEL” for the fugitive felon suspension closed period. Process the removal based on the instructions in GN 02613.868B.4. (in this section) and follow steps 1-4.
6. Multiple warrants
Review and process each outstanding warrant suspension determination independently based on the date of the SSA initial or administrative review decision made on each warrant decision.
C. Pre-2007 Martinez relief for reinstatement to monthly Title II Benefits
1. Requests for reinstatement to monthly Title II benefits
The informational notice that SSA sent to Title II Martinez Class Members on April 14, 2010, stated that if a beneficiary was in fugitive felon suspension on April 1, 2009, the beneficiary may request reinstatement of monthly Title II benefits beginning April 1, 2009.
Protective filing retroactive to April 1, 2009, applies to the reinstatement of benefits if the beneficiary contacts us within 6 months of the date of the pre-2007 informational notice (i.e., contact for the 6-month protective filing ends on October 14, 2010 based on the April 14, 2010 informational mailing).
Use the fugitive felon policy that began effective April 1, 2009, along with normal case processing policies, rules, and procedures, for granting any requests for reinstatement of monthly benefits from fugitive felon suspension status. The rules that now govern Title II fugitive felon suspensions are located in GN 02613.860B.1.
2. Processing the reinstatement request
a. Teleservice Center (TSC) and Field Office (FO) Instructions
If a class member contacts the TSC or the FO to request reinstatement of benefits based on the pre-2007 T2 Martinez generic notice, take the following actions: (A copy of the pre-2007 T2 Martinez settlement generic notice is located in GN 02613.869A.)
Review GN 02613.885B to determine eligibility under Martinez. If the individual is eligible for pre-2007 relief:
Send a manual development worksheet (MDW) to the processing center, and
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Include in REMARKS the title of the court case (Martinez Settlement ), and the following:
“Pre-2007 reinstatement class member-follow GN 02613.868C.2.b. (in this section)”
b. PSC instructions for reinstating benefits from LAF S9 FUGFEL status using MADCAP/MACADE
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STEPS |
Required Actions |
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1 |
Use MADCAP/MACADE to reinstate benefits effective 4/1/09 or prospectively (for systems processing instructions for the FFEL screen see MSOM COMMON 005.035. From the Fugitive Felon System Control File (FFSCF): Annotate warrant disposition to the FFWD screen. In the update mode, enter the mandatory entries and then enter the:
NOTE: You must update the FFWD screen to avoid a processing exception of the FFEL reinstatement input. Instructions for updating the FFSCF are in PRISON 006.001. |
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From the MACADE path:
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3 |
On the FFEL screen:
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4 |
Add additional notice information regarding the Martinez Class Settlement to the notice. Include caption CAP81 and S48 to the notice. The caption and paragraph information for reinstatement action is in GN 02613.869B.2. Follow the instructions for processing requests for special notices for blind or visually impaired claimants and beneficiaries as indicated in EM-09088 SEN REV3 dated 12/31/09 and EM-10021 SEN dated 3/17/10. |
c. Alternative processing for reinstating benefits when FFEL Does Not Work
Check the MBR to make sure benefits are reinstated the month after the month the warrant was “satisfied” (i.e., dismissed). If the MBR indicates the reinstatement did not process, check the THIS query in MFQ. If THIS indicates a processing exception, follow instructions in GN 02613.500C and GN 02613.500D.
NOTE: In some instances, pre-2007 relief is not possible because a higher priority suspension event may supersede the fugitive felon suspension issue (e.g., prisoner suspension LAF S7, etc.). You must still close out the FUGITIVE data line on the MBR for offense codes other than 4901, 4902, 4999, 5011, 5012, 8101, or 8102 to ensure unwanted future fugitive felon suspensions actions will not occur. For more information about higher priority suspension actions, see the instructions in GN 02602.025.