TN 2 (03-05)

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. Policy

SSA must rely on a determination about an individual's legal status made by an appropriate United States law enforcement agency when making an eligibility determination as to whether the individual is a fugitive felon or a parole or probation violator. SSA will only withhold benefits when an individual can provide sufficient information about an order issued by a United States court or other duly authorized tribunals, usually in the form of an arrest warrant, and verified by the Office of Inspector General (OIG). If individuals voluntarily report that they have an outstanding and unsatisfied fugitive felony warrant for their arrest or that they are violating a condition of their parole or probation, we will ask for identifying information to document the individual’s warrant allegation and verify with OIG that a United States law enforcement determination exists, as instructed in SI 00530.140A.3. Refer to SI 00530.015 to develop for possible good cause. After OIG verifies the warrant allegation, we will withhold payments using payment status code N25. When there is a question about whether the individual is able to provide complete warrant information, follow the instructions starting in SI 00530.150B, in this section.

NOTE: If the individual has an outstanding and unsatisfied fugitive felony warrant for a crime committed in another country, we must document that the foreign warrant is recognized by a law enforcement agency in the United States before payments may be withheld. See SI 00530.160 for the procedures for documenting a foreign warrant.

B. Procedure – individual reports warrant or court order, provides the name of the state, but effective dates are unknown

1. Report received in connection with an application

Use these procedures when an SSI applicant reports having an outstanding warrant or court order and knows the jurisdiction of the order, but does not know the effective dates.

Ask if he or she is wanted for a crime that is a felony or has violated a condition of parole/probation since the effective date of the application.

If yes, enter the filing date of the application in the “Date Fled” field and explain the entry in the Statement of Person remarks segment on the AWRF or AWRP screen.

If no, show “?” for each item that he or she does not know. This will cause the MSSICS “Print App” function to print the proper statement for the individual to sign. In the Statement of Person Remarks enter a remark to fit the case situation. EXAMPLE: BALTIMORE CITY COURT ISSUED A WARRANT FOR MY ARREST BECAUSE I VIOLATED A CONDITION OF MY PAROLE. I DO NOT KNOW WHEN THE WARRANT WAS ISSUED.

Attempt to determine dates of ineligibility by contacting by phone or mail the agency or court responsible for the warrant.

Enter the dates provided by the agency or court in the applicable fields on the AWRF or AWRP screens.

If the agency or court is unable or unwilling to supply the information, place the applicant in payment status H70 and enter in Remarks on the SSR, “INDIV REPTS WARRANT - [NAME OF WARRANT ISSUING AGENCY]; WARRANT INFO UNAVAILABLE; REFERRED TO OIG.”

Refer the case for further investigation to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your District Office (DO) code. Include in your referral a remark to alert OIG that an SSI claim is being held pending their determination. Also include available information about the warrant and the purported crime. In a disability case delay the release of the medical information to DDS until it is clear that the individual is potentially eligible for some period of time unless it is a concurrent claim.

2. Report received in connection with redetermination

Use these procedures when an SSI recipient reports during a redetermination to having an outstanding warrant or court order and knows the jurisdiction of the order, but does not know the effective dates.

a. Warrant effective since beginning of redetermination period

Ask the recipient if he or she has an outstanding warrant or is in violation of parole/probation since the beginning date of the redetermination period. If yes, enter the pending file began date of the redetermination in the “Date Fled” or “Date Violated Parole or Probation” field and explain the entry in the Statement of Person Remarks on the AWRF or AWRP screen. If administrative finality permits, ask OIG to investigate the case to determine if a date earlier than the RZ begin date of ineligibility is applicable using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your DO code.

b. Warrant not in effect since beginning of redetermination period

If the individual alleges having an outstanding warrant that has not been in effect since the beginning of the redetermination period, but cannot provide the information needed to enter a date in one of the applicable fields, show “?” for each item that he/she does not know. This will cause the MSSICS “Print App” function to print the proper statement for the individual to sign.

In the Statement of Person Remarks on the AWRF or AWRP screen enter a remark to fit the individual's situation. EXAMPLE: THE BALTIMORE CITY COURT ISSUED A WARRANT FOR MY ARREST BECAUSE I VIOLATED A CONDITION OF MY PAROLE. I DO NOT KNOW WHEN THE WARRANT WAS ISSUED.

Attempt to determine a date by contacting the agency or court responsible for the warrant. Enter the dates provided by the agency or court in the applicable fields of the AWRF or AWRP screens.

If the agency or court is unable or unwilling to supply the information, enter in Remarks on the SSR, “INDIV REPTS FUG STATUS; NO WARRANT INFO AVAILABLE; REFERRED TO OIG.”

Refer the case for further investigation to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your DO code. Include in your referral a remark to alert OIG that SSI payments are continuing pending their determination. Also include available information about the warrant and the purported crime.

3. Other reports

Use these procedures when processing a report of fugitive status that is not received in connection with an application for SSI or an SSI redetermination and the SSI recipient reports having an outstanding warrant or court order, knows the jurisdiction of the order, but does not know the effective dates.

Attempt to determine a date by contacting the agency or court responsible for the warrant. Enter the dates provided by the agency or court in the applicable fields on the AWRF or AWRP screens.

If the agency or court is unable or unwilling to supply the information, enter in Remarks on the SSR, “INDIV REPTS FUG STATUS; NO WARRANT INFO AVAILABLE; REFERRED TO OIG.”

Refer the case for further investigation to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your DO code. Include in your referral a remark to alert OIG that SSI payments are continuing pending their determination. Also include available information about the warrant and the purported crime.

C. Procedure - individual reports fugitive status but cannot provide any warrant information

1. Report received in connection with an application

1. Use these procedures when an SSI applicant reports having a warrant or court order, but cannot provide the detailed information needed to make a determination about fugitive status for SSI eligibility purposes. Also use these procedures when an applicant reports being a fugitive or a parole or probation violator but believes there is no United States warrant or court order.

2. Show “?” in the “Date Warrant Issued,” “Date Fled,” and “Date Violated Parole or Probation” fields. This will keep MSSICS from posting N25 and will cause the MSSICS “Print App” function to print the proper statement for the individual to sign.

3. In the Statement of Person Remarks enter a remark to fit the individual's situation. EXAMPLE: MY EX-WIFE TOLD ME THERE IS WARRANT FOR MY ARREST BECAUSE I VIOLATED A CONDITION OF MY PAROLE BUT I DO NOT KNOW WHERE OR WHEN THE WARRANT WAS ISSUED.

4. Place the applicant in payment status H70 and enter in Remarks on the SSR, “INDIV REPTS PAROLE VIOLATION - WARRANT INFO UNAVAILABLE; REFERRED TO OIG.”

5. Refer the case for investigation to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your DO code. Include in your referral a remark to alert OIG that an SSI claim is being held pending their determination. Also include in your request any available information about the warrant and the purported crime.

2. Report received in connection with redetermination

1. Use these procedures when, during a redetermination, an SSI recipient or their representative payee reports having a warrant or court order, but does not know the state from which it was issued or when a recipient admits to being a fugitive or a parole or probation violator but believes there is no United States warrant or court order.

2. In these cases, show “?” in the “Date Warrant Issued,” “Date Fled,” and “Date Violated Parole or Probation” fields. This will keep MSSICS from posting N25 and will cause the MSSICS “Print App” function to print the proper statement for the individual to sign.

3. In the Statement of Person Remarks enter a remark to fit the individual's situation. EXAMPLE: I VIOLATED MY PAROLE BY CROSSING INTO ANOTHER STATE. MY PAROLE OFFICER IS NOT AWARE OF THIS AND THERE IS NO WARRANT.

4. Refer the case for investigation to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your DO code. Include in your referral a remark to alert OIG that SSI payments are continuing pending their determination. Also include in your referral any available information about the warrant and the purported crime.

3. Other reports

1. Use these procedures when processing a report of fugitive status that is not received in connection with an application for SSI or an SSI redetermination when information about the warrant is unknown.

2. Refer the case for further investigation to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your DO code. Include in your referral a remark to alert OIG that SSI payments are continuing pending their determination. Also include in your referral any available information about the warrant and the purported crime.

D. Procedure - obtaining missing or incomplete information for fugitives

The beneficiary is responsible for providing SSA with the information and evidence needed to establish good cause. If the beneficiary cannot provide the information, advise the beneficiary where he/she may obtain the required evidence. See SI 00530.015 for proofs that may be submitted.

1. Criminal offense not on NCIC offense code list

1. If the offense code is not represented on the NCIC Offense Code list in SI 00530.910, the beneficiary must provide information about criminal charges reflected on the warrant. (See SI 00530.015 for additional information required to establish good cause.) The beneficiary must also provide evidence that the warrant has been satisfied, if appropriate.

2. Advise the beneficiary to contact the following to obtain information about criminal charges on the warrant:

   • The warrant issuing agency indicated on the OI-5D,

   • His/her attorney or legal expert, or

   • The State attorney's or county attorney's office that will prosecute the individual for his criminal charges on the warrant.

3. If the beneficiary cannot obtain information about the criminal charges, contact the Regional Office Fugitive Felon Coordinator (RRFC) to:

   • obtain criminal offense information for the State or county reflected on the OI-5D in the warrant state field. The RRFC list is found in SI 00530.990; and

   • ask the RFFC to determine, based on the best information available, if the criminal offense is classified as violent or drug related.

     The RFFC will contact the regional attorney to obtain the offense classification from the State criminal code and whether the crime is non-violent and not drug related. The RFFC will also prepare a regional precedent file by State to document the results of these referrals.

4. Based on information from the RFFC, make a determination on whether good cause applies.

2. Additional sources of information on the original criminal offense for probation or parole violators

1. Obtain a Prisoner Update Processing System (PUPS) record. The PUPS record may contain some information on beneficiary's confinement at a correctional institution after he/she is arrested for a crime. Notify the beneficiary that he/she may contact the correctional institution on the PUPS record. The institution might have additional information about the beneficiary's crime.

2. Advise the beneficiary to contact:

   • His/her probation/parole officer for the original trial information;

   • The court where the beneficiary went to trial for the original offense,

   • His/her attorney of record for the crime,

   • The State's district attorney that prosecuted the original offense, or,

   • Other third parties that might have knowledge of the trial or the offense of which the beneficiary was convicted.