TN 30 (06-02)

A. Background - federal Bureau of Prisons (BOP) reporting practices

The new matching agreement with the Federal Bureau of Prisons (BOP), provides that BOP will send monthly reports of new inmate confinements to SSA for computer matching. The monthly report consists of data on newly admitted inmates or inmates who have moved within the BOP system during the reporting period. BOP also provides SSA with pre-trial inmate information, convicted inmate information and information on those individuals who are returned to BOP custody because they have violated their parole or probation.

B. Procedure – special inmate information provided by BOP under the SSA/BOP computer reporting agreements

1. BOP inmate information 4/4/02 and continuing

2. BOP inmate information 10/03/99 through 4/3/02

C. Procedure - review of the 3BOP PUPS alert

1. Review EVS codes on PUPS

Review the EVS codes on the PUPS alert/record for accuracy. (See GN 02607.975A. for a description of the EVS Codes generated on PUPS alerts.).

1. EVS codes of "2," "3," "4," "A," "B," "E," and "F" contain questionable identity issues and require verification. Develop the questionable identity issues per SI 02310.092D.3.

2. EVS codes of "V," "L," are generally valid matches for identity. Do not develop for identity issues on these EVS codes.

2. Check to see if inmate is a representative payee

Check the RPS to determine if the prisoner/inmate serves as a representative payee. Evaluate the suitability of the payee if he/she is the inmate. Develop and process per GN 00504.000.

3. Review PUPS record for missing inmate information

Review the remaining incoming inmate information on the 3BOP PUPS alert. Check that the "throughout a month" requirement was met; check for valid or missing inmate dates of confinement; check for missing FID codes, etc. Develop missing, incomplete, or questionable inmate information using the guidelines shown in SI 02310.092D.4.

NOTE (1): Do not contact the Federal Bureau of Prisons for any missing or questionable inmate information.

NOTE (2): A change in an inmate status code and a change in the date of confinement for an inmate results in another PUPS alert and PUPS record for the inmate.

4. Concurrent PUPS alerts

In concurrent cases, each title will have its own pending PUPS record. Complete all development and update each PUPS record. See the instructions in SI 02310.092D. for development actions required on title XVI PUPS records and GN 02607.790 for title II BOP PUPS records.

5. Application of administrative finality, similar fault versus fraud in prisoner case processing.

See GN 02607.705 for the procedure.

D. Procedure - developing for missing 3BOP PUPS alert/record information

NOTE: If you need additional information before you can process the alert, do not contact the Federal Bureau of Prisons or any of its facilities for any missing inmate or verification of identity information. Develop as shown below.

1. Sources for development of identity issues, or missing/questionable inmate data

Develop to the following sources in the order indicated below for information about the inmate report:

1. Contact the recipient or his/her representative payee to clarify missing or questionable information. If the recipient or representative payee cannot provide you with the needed information, contact one of the third-party sources mentioned below.

2. Contact the following third-party sources to obtain missing or questionable information about a Federal inmate:

   • The Federal court that retained jurisdiction over the inmate's case (if the court jurisdiction can be identified by the beneficiary or his/her representative payee);

   • The Regional Prisoner Coordinator (RPC) has access to an on-line Federal court-system database that can provide criminal case information about a Federal inmate's trial. (A few Federal courts are not yet online.) Each RPC will provide guidance to the offices in their region detailing the regional process for submitting Public Access to Court Electronic Records (PACER) requests. See the description of the PACER system below:

     PACER

     The United States Courts has a service (PACER) that provides people outside the court (the public) with access to court information. PACER provides the User with electronic access to the U.S. District Courts, U.S. Bankruptcy Courts, U.S. Courts of Appeals, and U.S. Party/Case Index court case databases. Each court has a separate database.

     The U.S. Party/Case Index is a national index of U.S. Courts. This systems serves as a locator. To determine if a prisoner is in the Federal Court system, use the prisoner's name to identify the court system. Once you locate the court system, contact the court.

     The PACER system provides the following types of information:

     • the federal court district,

     • the prisoner's attorney's name and address,

     • the offense,

     • bail data,

     • conviction date,

     • sentence imposed, and

     • identity issues.

     • the inmate's attorney (if the attorney can be identified by the beneficiary or his/her representative payee),

     • the Department of Justice, the United States Marshall's Service transfers the inmates from one federal facility to another. (The U.S. Marshall's Services keeps limited information on the inmate),

     • parole/probation officer, or,

     • social workers.

3. Notify the recipient to file a Freedom of Information Act (FOIA) request for information if the third party source cannot provide the missing inmate information.

Freedom of Information Act Requests (FOIA) for Inmate Information

The recipient may file a Freedom of Information Act (FOIA) request with BOP for inmate information SSA may need to make a correct decision about the beneficiary's prisoner suspension. The beneficiary can request information about their period of incarceration with BOP that may assist SSA in making a decision about their benefits.

The recipient must file the FOIA request with BOP to obtain the information. (SSA technicians cannot file the FOIA request for the recipient. The recipient must file the request with BOP himself or herself.) Instruct the recipient to include their SSN and BOP Inmate Number on the FOIA request. Give him/her the inmate number shown on the PUPS alert. While SSA cannot file the FOIA request for the beneficiary, SSA can assist the beneficiary in filing the request by giving them the website address to locate the FOIA filing information or by giving them a copy of the information printed from the BOP FOIA website. You can obtain the FOIA filing information directly from BOP's website at http://www.bop.gov .

If the recipient cannot file the request online, mail the request to:

2. Determining the missing FID code on a 3BOP alert

If the FID code is blank on the PUPS alert, take the following steps to locate the SSA 6-digit FID code to annotate to the PUPS record.

NOTE: Do not call the Bureau of Prisons for information about their facilities or for additional inmate information. If you cannot locate a FID for a BOP facility, contact your RPC for assistance. See gn 02607.990 for a list of the RPCs.

3. Developing for an identity discrepancy

1. If there is a discrepancy between SSA's records and the recipient/applicant's allegation, ask the applicant to provide an explanation.

2. If the explanation is satisfactory, document the file to explain how the discrepancy was reconciled. (See RM 10212.200 on changing enumeration data other than name. See RM 10212.015 to correct the name on the enumeration record.)

3. If the explanation is not satisfactory, and you cannot obtain additional information to resolve the identity discrepancy from the third party sources listed in SI 02310.092D.1., resolve the identity issue per SI 02310.092E.

4. If the development uncovers some fraudulent activities, pursue the development of the fraudulent aspects per SI 04070.020.

4. Developing for missing confinement information

1. Develop to obtain missing or questionable incarceration data on the 3BOP PUPS alert/record, if applicable. Contact the sources listed in SI 02310.092D.1. for missing information.

2. When developing for additional information on an individual, ask about earlier periods of incarceration. BOP may not have provided SSA with the earlier incarceration period. Provide the sources mentioned above with available information on the inmate (e.g., inmate name on the incoming PUPS alert, inmate number on the PUPS record, etc.) to help them locate the individual in their records.

   NOTE: In many cases, the individual was in BOP's custody for months prior to and/or during his/her trial and; therefore, is also subject to additional months of title XVI suspension. These additional months represent the period of incarceration before the conviction.

3. Inquire about transfers to or from another institution. BOP may transfer the inmate from one institution to another. Resolve the inmate's incarceration history. Consider all periods of incarceration. Review and correct PUPS, if necessary, to reflect the inmate's total period(s) of incarceration.

4. Verify that the benefit suspension is correct based on the inmate data annotated on the alert, and take the appropriate suspension action through PUPS based on your development.

E. Procedure -- actions on 3BOP PUPS alert/records after development completed

1. Resolution of development of questionable identity

1. If the recipient cannot provide all the identifying data or he/she cannot satisfactorily explain the discrepancy, or development to one of the other third party sources listed in SI 02310.092D.1. otherwise raises questions about the claimant's identity and does not resolve the discrepancy, then process per SI 02310.092E.1.b.

2. Conduct a face-to-face interview and obtain additional proof of the claimant's identity per GN 00203.020A.4. and resolve the identity issue.

3. If the recipient does not respond to a request for a face-to-face contact, assume the title XVI recipient identified on the PUPS record/alert is the inmate in BOP custody.

2. FO processing based on the result of contact efforts for missing inmate information

a. If the recipient or the representative payee responds and agrees with the report:

• Input the appropriate suspension action through PUPS.

• Follow Goldberg/Kelly procedures if applicable. (See SI 02301.300 for Goldberg/Kelly procedures.)

b. If the recipient or the representative payee responds and disagrees with the report, and the third party confirms the report:

• Conduct a face-to-face interview per GN 00203.003B.1.g.

• Act on the inmate report from the third party per SI 02301.010C.3.

• Update PUPS with the appropriate action necessary based on the result of the face-to-face interview and any additional development done to resolve disagreement between recipient and third party.

• Apply Goldberg/Kelly due process procedures per SI 02301.300, if suspension applies.

NOTE: If recipient will not respond to the request for a face-to-face interview, suspend benefits through PUPS effective with the date of confinement on the 3BOP PUPS alert after the inmate was in the correctional institution throughout a calendar month. Apply Goldberg/Kelly due process procedures per SI 02301.300.

c. If the recipient or his/her representative payee responds and cannot provide the information, and the third party cannot provide the information to corroborate the report:

• Suspend benefits via PUPS using the date of confinement on the 3BOP PUPS alert/record. Be sure the throughout a calendar month requirement has elapsed before suspending benefits through PUPS.

• Apply Goldberg/Kelly due process procedures per SI 02301.300.

d. If the recipient or his/her representative payee will not respond or will not cooperate and the third party cannot provide the information to corroborate the report:

• Suspend benefits through PUPS using the date of confinement on the PUPS record.

• Apply Goldberg/Kelly due process procedures per SI 02301.300

3. Suspending benefits through PUPS

• See GN 02607.705 for PUPS processing of suspension actions.

• See GN 02607.705 for special PUPS processing actions.

4. Goldberg/Kelly (G/K) due process requirements

G/K due process procedures in SI 02301.300 (including a 10 day advance notice) apply to all suspensions of current SSI benefits for confinement in a public institution. During the G/K temporary period each month (see SI 02301.301C.2. for an explanation of the G/K temporary period), FOs must be sure to issue a manual G/K notice and input special Due Process Data (DPD entries) between the G/K cutoff date and the recurring cutoff date each month.. This will suppress the systems generated notice to stop the following month's benefit if it is not due. See PUPS instructions in MSOM Chapter 92 or SSA-1719B input instructions in SM 01305.530.

5. Reinstatement for SSI inmates

a. Evidence of release from BOP custody

A recipient must provide SSA with official BOP discharge papers or proof of release from BOP custody in order for SSA to consider the inmate released. BOP states that they provide release documents to all individuals when they are released from BOP custody. If the recipient cannot locate his/her release documents and needs assistance in obtaining the document or proof of his/her release from BOP custody, see SI 02310.092E.5.b. for instructions on obtaining the release documents or verifying proof of release.

b. Verifying proof of release or obtaining official release documents from BOP

BOP now provides an Internet site that contains released inmate information. SSA can use this Internet site to verify official BOP released inmate documents for accuracy and completeness, if the BOP documents are missing information or need additional clarification. Also, if the beneficiary's official BOP release papers are not available, you may use information found on the BOP Internet site to represent proof of an inmate's release from a BOP correctional facility.

• Ask the beneficiary at what BOP facility was he/she last incarcerated and the approximate date of his/her release from BOP custody.

• Compare this information with the PUPS record to see if the beneficiary's report of his/her last incarceration at a BOP facility matches SSA's PUPS record. Use the information on the PUPS record (Inmate Identification Code) to query the BOP Inmate Locator Directory.

• Using the BOP Inmate Locator Internet site:

  • Use the Internet and locate BOP's Internet site. You will use this site to locate and verify the released date information for an inmate.

  • Select "Inmate Locator" from the BOP main page.

  • On the “Search Our Inmate Database” page, "Search by Identification Number" heading, you will then continue your search by using:

    Number Type: Register Number Number: XXXXX-XXX (This will be the first eight digits of the ID number from the PUPS record)

  • Type the inmate ID number off the PUPS record in the “Number” field. (Type in the first 5 digits of the number from the PUPS ID field then add a "-" and then type in the last 3 digits from the ID field on the PUPS Record. This is the SSN that BOP used to report the inmate to SSA and the number they use in the BOP inmate system to locate the inmate.)

    Example: ID number on PUPS record: 9999999900 Number on BOP Number field: 99999-999.

  • The search of the directory will provide a response similar to the following:

    • Search Results for JANE DOE:

      • Inmate Register Number: 99999-999

        Name: JANE DOE

        Age: 40

        Race: WHITE

        Sex: FEMALE

        Date Released: 3/31/2001

After verifying the released date information from the BOP Internet site, document the PUPS records with your evidence review per SI 02310.092E.5.c.

NOTE (1) If the beneficiary cannot provide a copy of his/her official release papers from BOP, you can use the released date information from the BOP Internet site as proof of the inmate's release from BOP custody. Document the PUPS record with the released inmate information as indicated in SI 02310.092E.5.c.

NOTE (2) Do not use the BOP Internet site for any purpose other than obtaining released date information for a beneficiary or for obtaining information on filing FOIA requests with BOP. Using this website to access inmate information for any other reason than specifically stipulated in this procedure will violate SSA's matching agreement with the Federal Bureau of Prisons.

c. Recipient cannot provide proof of release from a BOP correctional facility and proof of release is not on BOP internet site

If the recipient cannot provide proof of his/her official release from a BOP correctional facility and the released inmate information is not available on the BOP Internet site, try to obtain verification of the beneficiary's release from other third party sources. See SI 2310.092.D.1.b. for other third party sources of contact for Bureau of Prisons inmate information. The recipient's parole officer, social worker, counselor, or attorney may provide the best information on the release of the inmate. You may also try to obtain the information from the PACER system. (See SI 02310.092D.1. for information about the PACER system.) See the instructions in GN 02607.790D.2.b. for information about accessing the PACER system.

d. Documenting the third party contact's release information and documenting the PUPS record with released date information

Documenting the Third Party Contact's Release Information

• Obtain a signed statement by the third party source to confirm the recipient's release from the BOP correctional facility. Make sure the statement contains the name and address of the correctional facility that released the inmate, and the date and time of the release. Have the statement signed by the third party reporter. If the release information is taken over the phone by the SSA technician from the third party source, document the release on a report of contact and sign the statement. Make sure the statement contains the name, address, and telephone number of the third party source and the title of the third party source that provided the information to SSA.

• If the release information is taken over the phone by the SSA technician from the third party source, document the release information on a report of contact and sign the statement. Make sure the statement contains the name, address, or telephone number of the third party source and the title of the third party source that provided the information to SSA.

• Once you have verified the official release from BOP and the identity of the inmate, see GN 02607.875 for instructions on processing the reinstatement actions for title XVI cases.

Documenting the PUPS Record With Released Date Information

After reviewing and verifying the official BOP released documents for the inmate or reviewing the released inmate information from the BOP Internet site, you must add information to the PUPS record to document your evidentiary review.

Documenting the PUPS record:

• Add a released dated to the PUPS record to reflect the date the inmate was released from BOP's custody. See GN 02607.840A.2. for the effective date for reinstating benefits.)

• Add a remark to the PUPS record to indicate that you are verifying the released date information you viewed to be accurate and indicate where you got the released date information. Also add the date you obtained the information and your name.

See SI 02310.092E.5.f. for additional instructions on reinstating benefits to title XVI recipients.

NOTE: Documenting the PUPS record with the appropriate remarks and adding the released date to the PUPS record will serve as evidentiary proof of release.

e. Third party cannot verify release of inmate

If the third party sources contacted cannot provide information on the beneficiary's release, have the beneficiary file a FOIA request for the release information from the Federal Bureau of Prisons. See SI 02310.092D.1.c. on obtaining FOIA requests from the Federal Bureau of Prisons. Once you have verified the official release from BOP and the identity of the inmate, see GN 02607.875 for instructions on processing the reinstatement actions for title XVI cases.

NOTE: SSA employees should not directly contact any Federal Bureau of Prisons facility for release information for a title XVI recipient.

f. Processing the reinstatement of benefits

• See GN 02607.875 for instructions on establishing eligibility to title XVI benefits.

• Post a released date to PUPS when reestablishing benefits to a title XVI recipient because he/she is no longer incarcerated.

F. Procedure - BOP inmate status code values

1. Inmate status codes on 3BOP PUPS alerts effective 04/02/2002

2. Inmate status codes on 3BOP PUPS records or alerts for 04/01/2000 through 04/3/2002

3. Inmate status codes on 3BOP PUPS records or alerts for 03/01/1997 through 03/31/2000