TN 1 (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.

A. Background

Fugitive questions are included in MSSICS paths for SSI applications and redeterminations beginning October 23, 2000. As of this date, all SSI claimants, SSI recipients and their payees completing applications and redeterminations should be informed of the effect of fugitive or parole/probation status on their continuing eligibility and their responsibility to report such events to SSA.

B. Policy – who must report?

SSA may accept first party reports of fugitive status or parole/probation violation made outside the initial claims or redetermination process from the following individuals:

• The eligible individual;

• The eligible spouse;

• A legal guardian;

• An eligible child;

• An applicant awaiting a final determination on his or her application;

• The representative payee of an eligible individual or applicant;

• An authorized representative;

• Another person acting on behalf of the eligible individual or applicant at their request.

C. Policy – what is an acceptable report?

An acceptable reporter may notify SSA in writing, orally, or electronically. The rules for reporting fugitive information are the same as for all other SSI reporting events. Refer to SI 02301.010 for additional information on reporting.

Follow the procedures in SI 00530.150 to verify a first party report when you have reason to question an individual’s capacity for understanding the legal intricacies flowing from court actions or his or her knowledge of whether a crime is a felony or a misdemeanor.