POMS Reference

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

TN 4 (12-06)

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.

A. Process – good cause establishment reasons

The following chart provides the reasons SSA will grant good cause and the accompanying 3 position code that can be used to describe the good cause reason in an abbreviated format.

Good Cause Code

Good Cause Establishment Reason

MID

Warrant was issued incorrectly because of identity theft or other identity issue

MNG

Individual found not guilty of the criminal offense

MCD

Criminal charges were dismissed

MWW

Warrant was withdrawn

MCC

Criminal charges were otherwise cleared

DNP

Law enforcement agency not taking action on the warrant

DMC

Mental condition impairs capability to resolve the warrant (based on impairment code)

DRP

Individual has a representative payee, is incapable, or incompetent

DNH

Individual is residing in a long-term nursing home or mental treatment/care facility and does not have a representative payee OR is granted relief under the Fowlkes AR as a resident of the Second Circuit (See GN 02613.800 for information about the Fowlkes AR).

B. Process – good cause denial reasons

The following chart provides the reasons SSA will not grant good cause and the accompanying 3 position code that can be used to describe the good cause denial reasons in an abbreviated format.

Good Cause Denial Reason Code

Good Cause Denial Reasons

QID

Warrant issued correctly, no identity theft or other identity issue

NOTE: This code is used for situations where the beneficiary does not respond or cannot provide good cause for not satisfying his/her outstanding warrant.

QNG

Fugitive felon found guilty of criminal offense

QCD

Charges are not dismissed

QWW

Warrant not withdrawn

QCC

Charges not cleared

QNP

LEA is taking action on warrant

QMC

No mental condition, fugitive felon capable of resolving warrant

QRP

No rep payee, fugitive felon is capable or competent

QNH

Fugitive felon is not residing in a long-term care nursing home or mental treatment/care facility and there is no rep payee