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 through 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

Because fugitive questions were not included in the MSSICS path until October 23, 2000, some SSI recipients identified as fugitive felons or parole or probation violators may be unaware that their fugitive status makes them ineligible for SSI benefits. In these cases, we must carefully follow the rules of administrative finality to determine the applicable months of ineligibility.

B. Policy

The rules of administrative finality in SI 04070.001 through SI 04070.080 apply to fugitive felon and parole/probation determinations. This is true regardless of the source of the information. These rules stipulate that an earlier determination that is more than 2 years in the past may not be reopened unless fraud or similar fault is found. Determinations may be reopened within 2 years if there is good cause to reopen, e.g., there is new and material evidence. (See SI 04070.010 for the administrative finality rules for reopening.)Verification of a warrant will constitute “new and material evidence” when received if the file contains no indication that we had ever received warrant information or known of it in the past. In the absence of good cause to reopen and revise, only those determinations made within the past 1 year may be reopened and revised. Since fugitive questions were not included in the application or redetermination process before October 23, 2000, fraud or similar fault may only be found when:

• An SSI recipient completed an SSI application or redetermination on or after October 23, 2000 (i.e., completed an application that included fugitive questions); or

• An SSI recipient received a notice of ineligibility on or after August 22, 1996 on the basis of his or her status as a fugitive felon or parole/probation violator; or

• A notice of overpayment of SSI benefits was issued on or after August 22, 1996 and the reason for the overpayment was his or her status as a fugitive felon or a parole or probation violator; or

• There is other documentation that the individual was advised of this eligibility requirement on or after August 22, 1996 and the recipient agreed in writing to report to SSA that he/she was fleeing or in violation or parole or probation.

If fraud or similar fault is found, i.e., the individual has knowledge of the fugitive provisions, SSA has unlimited “prior determination” reopening back to the effective date of the legislation, August 1996. Do not reopen determinations prior to August 1996.