GN 02613: Title II/Title XVI Fugitive Felons and Parole and Probation Violators
TN 16 (10-16)
A. Inquiries about Martinez relief
To ensure that we make the appropriate responses to any public inquiries, follow the instructions in this section.
1. National 800 Number receives Martinez settlement relief inquiry
When you receive an inquiry related to the Martinez settlement, handle as follows:
Advise the caller that no further action is required on his or her part at this time. We will contact the caller if further action is required.
Send a manual development worksheet (MDW) to the field office (FO) for Title XVI inquiries and to the processing center (PC) for Title II inquiries.
Include the following information in REMARKS: Martinez Settlement, and the reason the caller states the Martinez settlement applies to his or her benefits or payments (for example, class member received a post-2006 informational notice and has not received relief).
2. FOs or PCs receive Martinez settlement relief inquiry
FOs may receive Martinez settlement relief inquiries via direct contact with beneficiary or recipient at the FO, via telephone, fax, or mail. PCs may receive telephone, fax, or mail, inquiring about relief. FOs and PCs must process all Martinez settlement relief inquiries as illustrated in the instructions GN 02613.885B in this section.
B. Screening guide for responding to Martinez relief inquiries
The following chart summarizes instructions for responding to inquiries for Martinez relief:
Steps |
Action on Inquiry on the Pending List |
Action Instructions |
---|---|---|
1 |
Refer the case to the ^Martinez Settlement mailbox with the Subject “CATS” to find out whether the inquirer is listed in Civil Action Tracking System (CATS). A return email from the ^Martinez Settlement mailbox provides information on the inquirer’s class non-member or membership and his or her relief Court Case Identifier (CCID) code. You can find the CCID codes listed in GN 02613.860D.1. |
|
2 |
Identify the type of Martinez relief |
Determine the specific relief the inquirer will receive based on the CCID, go to GN 02613.885C.1. in this section then, go to Step 3. |
3 |
Process the inquirer’s Martinez relief |
Process the inquiry to completion; go to GN 02613.885C.2.a. in this section. |
4 |
Reply shows the inquirer is not on CATS |
Process the inquiry to completion; go to GN 02613.885C.2.b. in this section. |
C. Determine if we processed relief
Follow the instructions in this section to determine how to respond to inquiries.
1. Review records of beneficiary or recipient listed on CATS
Go to the applicable CCID code(s) in the chart and review the items indicated to determine what potential relief was due the beneficiary or recipient and if we processed relief.
The following charts provide information on the CCIDs (F1, F2, F3, F4, F5, F6, and F7) that are on CATS.
a. F1 TII Post-2006
The following chart provides information on CCID code F1:
Review of Records |
Relief Applied |
---|---|
For F1 records:
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For F1 records: If the felony warrant is resolved, the FUGITIVE line of the MBR will show:
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b. F2 TII Pre-2007
The following chart provides information on CCID code F2:
Review of Records |
Relief Applied |
---|---|
For F2 records:
TOEL1: OPMT TOEL2: ISSUE TOEL3: ROAR TOEL4: MARTF2
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For F2 records: If the felony warrant is resolved, the FUGITIVE line of the MBR will show:
ROAR fugitive felon overpayment removal example: EVENT EI-03 TF-DI TOE-T2 FF SUS/FEL WAR JURIS-PCMOD STATUS-WAIVED HISTORY RUN DATE TRAN AMOUNT SRC 10/18/10 12 $14236.80 10/20/10 53 $14236.80 1-PSC SOURCE- PC7 CAT-10 MARTINEZ DECISION ROAR consolidated overpayment reduction example: EVENT EI-03 TF-DI TOE-MISCELLANEOUS JURIS-PCMOD STATUS-Bene Adj HISTORY RUN DATE TRAN AMOUNT SRC 10/18/10 12 $14236.80 10/20/10 53 $14236.80 1-PSC SOURCE-PC7 CAT-10-MARTINEZ DECISION 10/20/10 41 $100.00 SOURCE-420 WHLD-$100.00 COM-10/10 LST WH-6/11 SSC-2
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c. F3 TII Appeals
The following chart provides information on CCID code F3:
Review of Records |
Relief Applied |
---|---|
For F3 records:
NOTE: The FUGITIVE line addresses each felony warrant separately.
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For F3 records:
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d. F4 or F6—T16 Post-2006
The following chart provides information on CCID codes F4 and F6:
Review of Records |
Relief Applied |
---|---|
For F4 or F6 records, review the CRZD field on the SSR for a RZ with a profile code of “S” and selection indicator of “J” or review the CG field on the SSR for a specific Martinez identifier. |
If the SSR shows:
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e. F5 or F7 – Title 16 Pre-2007
The following chart provides information on CCID codes F5 and F7:
Review of Records |
Relief Applied |
---|---|
For F5 or F7 records, review the PRSN and OPDD fields on the SSR to determine if we provided relief:
NOTE: A review of multiple SSRs may be required to determine if we provided relief. |
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2. Complete the review of the inquiry
a. Inquirer on CATS
If the reply from the ^Martinez Settlement mailbox shows there is a record of the inquirer on CATS, proceed as follows:
1. Inquirer not given relief
If we did not give the inquirer Martinez relief, process as indicated in the chart to determine what relief to provide, if any:
Martinez Relief |
Processing Instructions |
---|---|
Title II post-2006 relief |
GN 02613.865 Title II Post-2006 Martinez Settlement Relief Processing |
Title XVI post-2006 relief |
GN 02613.875 Title XVI Post-2006 Martinez Settlement Relief Processing EXCEPTION: Follow all processing instructions except complete an unscheduled RZ instead of a regular RZ. For additional information on unscheduled RZs, see SI 02305.022. NOTE: If there is a felony warrant in FFSCF with no corresponding N25 nonpayment period, refer the case to your Regional Fugitive Felon Coordinator (RFFC) for guidance on providing relief. The list of RFFCs is in GN 02613.990. |
Title II pre-2007 relief |
GN 02613.868 Title II Pre-2007 Martinez Settlement Relief Processing |
Title XVI pre-2007 relief |
GN 02613.880 Title XVI Pre-2007 Martinez Settlement Relief Processing NOTE: If there is a felony warrant in FFSCF with no corresponding N25 nonpayment period, refer the case to your Regional Fugitive Felon Coordinator (RFFC) for guidance on providing relief. |
2. Inquirer received relief
If you determine that we gave the inquirer relief, tell the inquirer that we gave him or her Martinez settlement relief.
Explain the type of Martinez relief and the date we processed the relief. We describe the types of Martinez relief in GN 02613.860B and GN 02613.860C.
Provide the inquirer with copies of any notices we issued regarding the relief. The notices are available on the Online Retrieval Systems (ORS).
b. Inquirer not on CATS
If the reply from the ^Martinez Settlement Mailbox shows there is no record of the inquirer on CATS, check the Fugitive Felon System Control File (FFSCF) to determine if the inquirer has any warrants, after 1999 and before July 2011.
Use the instructions in the chart to review the warrant information:
Warrant Record on FFSCF |
Action |
---|---|
Warrant offense code is 4901, 4902, 4999, 5011, 5012, 8101, 8102, or blank or 9999 with an offense charge symbol of probation or parole violation |
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Warrant offense code is not 4901, 4902, 4999, 5011, 5012, 8101, 8102, or blank or 9999 with an offense charge symbol of felony |
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No warrant information on FFSCF and no period of fugitive felon suspension or non-payment on SSA records |
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All other situations not identified above in this chart |
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Send non-class members who have inquired about eligibility for Martinez settlement relief a Martinez Notice of Inquiry.
The Martinez Notice of Inquiry is located in GN 02613.885D in this section.
D. Exhibit of Title II and Title XVI Martinez Notice of Inquiry
The new Title II and Title XVI Martinez Notice of Inquiry will inform non-class members who inquired about possible Martinez relief that they are not eligible to receive Martinez settlement relief. The notice offers the non-class members two ways they may obtain more information about the settlement.
You can locate the notices in the Document Processing System (DPS), Post-Entitlement Folder, and search for Martinez Notice of Inquiry. Send a copy of the completed notice to Online Retrieval System (ORS).
1. Title XVI Martinez Notice of Inquiry
Social Security Administration
Supplemental Security Income
Important Information
Date:
Claim Number: xxx-xx-xxxx DI
Recipient Name
111 Fleet Lane
SANDY CT 14094
Dear Recipient:
We are writing to you because you contacted us in 2009 or later about the Martinez Class Action Settlement. We have completed almost all actions required by the settlement. If we did not contact you about settlement relief, you have 2 ways to get more information:
You can learn more about the details of the Martinez settlement by visiting our website at www.socialsecurity.gov/martinezsettlement/index.htm .
You may also contact the attorney appointed by the court to represent class members. His name is Gerald McIntyre of the National Senior Citizens Law Center. You can reach him at 3435 Wilshire Blvd., Suite 2860, Los Angeles CA 90010-1938. Telephone: 213-674-2900; E-mail: gmcintyre@nsclc.org
If You Have Any Questions
For general information about SSI, visit our website at www.socialsecurity.gov on the Internet. You will find the law and regulations about SSI eligibility and SSI payment amounts at www.socialsecurity.gov/SSIrules/.
For general questions about SSI or specific questions about your case, you may call us toll-free at 1-800-772-1213 or call your local Social Security office at XXX-XXX-XXXX. If you are deaf or hard of hearing, you may call our TTY/TDD number 1-XXX-XXX-XXXX. If you call or visit our office, please bring this letter with you.
Field Office Manager Name
Field Office Manager Signature
2. Title II Martinez Notice of Inquiry
Social Security Administration
Retirement, Survivors, and Disability Insurance
Important Information
Date:
Claim Number: xxx-xx-xxxx A
Beneficiary
111 Main St.
Baltimore MD 11111
Dear Beneficiary:
We are writing to you because you contacted us in 2009 or later about the Martinez Class Action Settlement. We have completed almost all actions required by the settlement. If we did not contact you about settlement relief, you have 2 ways to get more information:
You can learn more about the details of the Martinez settlement by visiting our website at www.socialsecurity.gov/martinezsettlement/index.htm .
You may also contact the attorney appointed by the court to represent class members. His name is Gerald McIntyre of the National Senior Citizens Law Center. You can reach him at 3435 Wilshire Blvd., Suite 2860, Los Angeles CA 90010-1938. Telephone: 213-674-2900; E-mail: gmcintyre@nsclc.org
If You Have Any Questions
For general information about Social Security we invite you to visit our website at www.socialsecurity.gov on the Internet.
For general questions and specific questions about your case, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at XXX-XXX-XXXX. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY/TDD number 1-XXX-XXX-XXXX. If you do call or visit an office, please have this letter with you. It will help us answer your questions.
Field Office Manager Signature
Field Office Manager Name