TN 2 (11-06)

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 March 18, 2011, upon remand from the Second Circuit, the District Court for the Southern District of New York certified a nationwide class in Clark v. Astrue that includes all individuals whose benefits or payments we suspended or denied after October 29, 2006. Given the pending litigation, including continuing litigation about the class certification, at this time we are not suspending or denying payments based solely on a report of a probation or parole violation warrant. Follow the instructions in EM-11032, dated May 9, 2011 for processing cases with probation or parole violation warrants with offense codes: 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation.”

We will make additional changes to this section, as necessary, in the future.

A. Procedure - Resuming Title II Benefits from Fugitive Felon or Probation or Parole Violation Suspension Because Good Cause Was Established

Title II monthly benefits may be resumed effective with the first full month that SSA imposed fugitive felon or probation or parole violator suspension when:

• the beneficiary proves mandatory or discretionary good cause for not satisfying his/her outstanding warrant. (See instructions for paying benefits when good cause has been established in GN 02613.025.) or,

• benefits were inadvertently suspended when SSA did not process the protest to suspension of Title II benefits timely. (See GN 02613.600 for information in situations where SSA inadvertently suspends benefits when the beneficiary filed a timely protest based on the advance notice of proposed suspension. See NL 00755.700 for the beneficiary notice instructions for this situation.) or,

• SSA incorrectly identified the beneficiary on the warrant as a fugitive felon or probation or parole violator, EVS Code of “A” cases. (See GN 02613.150C.1. for processing instructions for this type of resumption action.) or,

• The warrant was invalid because it was categorized incorrectly; i.e., misdemeanor crime instead of a felony; or the warrant was erroneous because of other circumstances other than identity issues, or the beneficiary satisfied the warrant before the 30 continuous days elapsed.

SSA will send the beneficiary a resumption notice to inform him/her that he/she will begin receiving Title II benefits and the reason that the Title II benefit can be resumed; i.e., the beneficiary has established mandatory or discretionary good cause for not satisfying his/her warrant. SSA will also send a resumption notice when the beneficiary was inadvertently suspended even though the beneficiary filed a timely protest to suspension during his/her due process period but SSA incorrectly suspended Title II beneficiary anyway. (See NL 00755.600B.1. for instructions for the inadvertently suspended resumption notice and see NL 00755.700 for instructions for the paragraphs used for this notice.)

NOTE: If the beneficiary asks SSA to find the beneficiary had good cause for not satisfying an outstanding warrants, as provided in section 202(x)(1)(B) of the Social Security Act, SSA will issue an initial determination based on the evidence furnished by the beneficiary and contained in the SSA record. Beneficiaries may assert mandatory good cause at any time and discretionary good cause within 12 months of certain events. These initial determinations about good cause are governed by the rules of reopening and administrative finality. (See GN 04001.100 for information on reopenings and changes in rulings or legation interpretations regarding change of position.)

See GN 02613.025B.3.a. for a description of mandatory good cause. See GN 02613.025B.3.b. for a description of discretionary good cause.

B. Procedure - Fugitive Felon Good Cause Approval Paragraphs

1. Resuming Title II Benefits Because Good Cause Was Established

a. FO Notice Preparation (DPS) Fugitive Felon Good Cause Approval Resumption Paragraph

NOTE: If the individual is blind or visually impaired, see instructions at NL 01001.010 for more information on the special blind or visually impaired notice options.

b. PC Notice Preparation (AURORA) Fugitive Felon Good Cause Approval Paragraph

NOTE: If the individual is blind or visually impaired, see instructions at NL 01001.010 for more information on the special blind or visually impaired notice options.

c. Good Cause Approval Paragraph Fill-ins for the 502 Paragraph

d. Examples of the FUG502 Paragraph for Explaining Good Cause Approval Information

1. Mandatory good cause established--Benefits resumed effective with the suspension date because the beneficiary was found not guilty of the criminal offense.

Our Decision

Based on the information you have provided us, we can grant good cause for not satisfying the outstanding warrant beginning 01/2005 because you were found not guilty of the criminal offense.

2. Mandatory Good Cause established. Benefits resumed effective with the suspension date because the beneficiary’s identity was stolen and used by fugitive. 

Our Decision

Based on the information we have, we can grant good cause for not satisfying the outstanding warrant beginning 01/2005 because your warrant was issued incorrectly because of an identity issue.

3. Discretionary Good Cause established.--Benefits resumed effective with the suspension date because law enforcement is not pursuing the warrant.

Our Decision

Based on the information you have provided us, we can grant good cause for not satisfying the outstanding warrant beginning 01/2005 because law enforcement is not taking action on the warrant.

4. EVS Code of “A” Case—SSA Incorrectly Identified The Beneficiary as a Fugitive Felon or Probation or Parole Violator

Our Decision

Based on the information you have provided us, we can pay you beginning 01/2005 because you were incorrectly identified in connection with this warrant.

5. Invalid Warrant (For Reasons Other than Identity Issues)

Our Decision

Based on the information you have provided us, we can pay you beginning 01/2005 because your criminal charges were otherwise cleared.

2. Resumption Paragraph—Beneficiary Inadvertently Suspended Even Though He/She Filed a Timely Protest to the Advance Notice of Proposed Suspension

See NL 00755.600 for instructions on preparing the beneficiary notice for this scenario.

C. Procedure – Good Cause Approval or Resumption Paragraph Chart

The following chart provides the reasons SSA will grant good cause and the accompanying 3 position good cause code (see GN 02613.930A. for the good cause establishment reasons.) that SSA uses to explain the mandatory or discretionary good cause factors used by the beneficiary to establish good cause. The chart also provides the good cause resumption paragraph and the appropriate fill-in to use in the beneficiary’s notice to explain why SSA is resuming benefits; i.e., because the beneficiary established good cause.

Good cause evidence should be evaluated per GN 02613.025. The fill-ins for the FUG502 paragraph to explain the reason good cause is being approved or benefits are being resumed should coincide with the good cause code that has been annotated to the FFSCF on the Warrant Due Process/Good Cause screen.

D. Exhibit – Examples of Fugitive Felon Good Cause Approval or Resumption Notices

1. Good Cause Approval Notice—Mandatory Good Cause Established

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

                                                                            Date:

                                                                            Claim Number: 123-45-6789A

JOHN G. BENEFICIARY

101 MAIN STREET

ANYTOWN, ST 00001

What We Will Pay And When

Your monthly benefit is $500.00 beginning 03/2005.

Our Decision

Based on the information we have, we can grant good cause for not satisfying the outstanding warrant beginning 03/2005 because your criminal charges were dismissed.

 Other Social Security Benefits

The benefits described in this letter are the only ones to which you are entitled from Social Security. If you think you might qualify for another kind of Social Security benefit in the future, you will have to file another application.

If You Disagree With The Decision

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

You have 60 days to ask for an appeal.

The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.

You must have a good reason for waiting more than 60 days to ask for an appeal.

You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called "Request for Reconsideration." Contact one of our offices if you want help.

Please read the enclosed pamphlet, "Your Right to Question the Decision Made on Your Social Security Claim." It contains more information about the appeal.

If You Want Help With Your Appeal

You can have a friend, lawyer, or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it.

Your Responsibilities

Your benefits are based on the information you gave us. If this information changes, it could affect your benefits. For this reason, it is important that you report changes to us right away.

We have enclosed a pamphlet, “Your Social Security Rights and Responsibilities.” It tells you what you must be reported and how to report. Please be sure to read the part of the pamphlet which explains how work could changes your payments.

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-610-433-3237. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

SOCIAL SECURITY
41 N 4TH ST
ALLENTOWN, PA 18102

If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.  

NOTE: The general referral paragraph and the appropriate signature are also required for the notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., overpayment or underpayment paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.

2. Good Cause Approval Notice—Discretionary Good Cause Established

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

                                                                            Date:

                                                                            Claim Number: XXX-XX-XXXXA

JOHN G. BENEFICIARY

101 MAIN STREET

ANYTOWN, ST 00001

What We Will Pay And When

Your monthly benefit is $500.00 beginning 03/2005.

Our Decision

Based on the information you have provided us, we can grant good cause for not satisfying the outstanding warrant beginning 01/2005 because you are residing in a long-term care facility.

Other Social Security Benefits

The benefits described in this letter are the only ones to which you are entitled from Social Security. If you think you might qualify for another kind of Social Security benefit in the future, you will have to file another application.

If You Disagree With The Decision

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

You have 60 days to ask for an appeal.

The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.

You must have a good reason for waiting more than 60 days to ask for an appeal.

You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called "Request for Reconsideration." Contact one of our offices if you want help.

Please read the enclosed pamphlet, "Your Right to Question the Decision Made on Your Social Security Claim." It contains more information about the appeal.

If You Want Help With Your Appeal

You can have a friend, lawyer, or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it.

Your Responsibilities

Your benefits are based on the information you gave us. If this information changes, it could affect your benefits. For this reason, it is important that you report changes to us right away.

We have enclosed a pamphlet, “Your Social Security Rights and Responsibilities.” It tells you what you must be reported and how to report. Please be sure to read the part of the pamphlet which explains how work could changes your payments.

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-610-433-3237. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

SOCIAL SECURITY
41 N 4TH ST
ALLENTOWN, PA 18102

If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.  

NOTE: The general referral paragraph and the appropriate signature are also required for the notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., overpayment or underpayment paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.

3. Good Cause Resumption Notice—EVS Code of “A” Case

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

                                                                            Date:

                                                                            Claim Number: 123-45-6789A

JOHN G. BENEFICIARY

101 MAIN STREET

ANYTOWN, ST 00001

What We Will Pay And When

Your monthly benefit is $500.00 beginning 03/2005.

Our Decision

Based on the information you have provided us, we can pay you beginning 01/2005 because you were incorrectly identified in connection with this warrant.

Other Social Security Benefits

The benefits described in this letter are the only ones to which you are entitled from Social Security. If you think you might qualify for another kind of Social Security benefit in the future, you will have to file another application.

If You Disagree With The Decision

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

You have 60 days to ask for an appeal.

The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.

You must have a good reason for waiting more than 60 days to ask for an appeal.

You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called "Request for Reconsideration." Contact one of our offices if you want help.

Please read the enclosed pamphlet, "Your Right to Question the Decision Made on Your Social Security Claim." It contains more information about the appeal.

If You Want Help With Your Appeal

You can have a friend, lawyer, or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it.

Your Responsibilities

Your benefits are based on the information you gave us. If this information changes, it could affect your benefits. For this reason, it is important that you report changes to us right away.

We have enclosed a pamphlet, “Your Social Security Rights and Responsibilities.” It tells you what you must be reported and how to report. Please be sure to read the part of the pamphlet which explains how work could changes your payments.

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-610-433-3237. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

SOCIAL SECURITY
41 N 4TH ST
ALLENTOWN, PA 18102

If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.  

NOTE: The general referral paragraph and the appropriate signature are also required for the notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., overpayment or underpayment paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.