TN 3 (05-05)

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.

Policy

Beginning with SSI applications taken on or after October 23, 2000, each applicant, except as noted below, must answer questions about whether or not he or she:

• has been accused or convicted of a crime, or an attempt to commit a crime, which is a felony, or in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed, and/or

• is subject to a condition of parole or probation under Federal or State law.

These questions will apply to the period of time for which the application is effective. If either question is answered “yes,” more information is required. (See SI 00530.140A.3. and SI 00530.140A.4.)

NOTE: Absent evidence to the contrary, it can be assumed that children under 13 years old do not meet the definition of fugitive felon or parole/probation violator and therefore, SSA will not have to ask the fugitive felon questions. This guidance should be applied to both Title II and Title XVI.