POMS Reference

GN 02613: Title II/Title XVI Fugitive Felons and Parole and Probation Violators

BASIC (01-05)

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.

Exhibit – mental disability diagnostic codes for fugitive good cause decisions

These diagnostic categories indicate a person lacks the mental capacity to resolve a warrant. The beneficiary's disability diagnostic codes can either be the primary or the secondary code in order to meet the good cause criteria.

Adult Diagnostic Category

 Impairment Code

Neurocognitive Disorders

2940

Schizophrenia Spectrum and Other Psychotic Disorders

2950

Depressive, Bipolar, and Related Disorders

2960

Autism Spectrum Disorder

2990

Intellectual Disability

3180

NOTE: See GN 02613.025B. for instructions on applying good cause when the beneficiary lacks the mental capacity to resolve the warrant.