To identify currently serving payees who subsequently become “fugitive felons,” SSA uses the criminal data received from the fugitive felon benefit payment match (refer to GN 02613.000 and SI 00530.000.) Beginning November 19, 2005, fugitive felon data (parole or probation data is not matched) is matched against the Electronic Representative Payee System (eRPS) to detect those persons with an unsatisfied felony warrant who are actively serving or who have a pending rep payee application before SSA. Effective April 04, 2009, only outstanding felony warrants for offense codes 4901, 4902, and 4999 are passed against the eRPS.

As stated in GN 00502.133 (Payee Applicant is a Felon or Fugitive or Has Been Convicted of Other Criminal Act), effective April 1, 2005, SSA prohibits a person from serving as a representative payee if that person has an outstanding felony warrant. Effective April 1, 2009 (Martinez, et al. v. Astrue), SSA prohibits a person from serving as a representative payee if that person has an outstanding felony warrant issued for one of the following three offenses: Escape from Custody (offense code 4901), Flight to Avoid prosecution, confinement, etc. (offense code 4902), and Flight-Escape (offense code 4999) (or equivalent).

The representative payment provisions of the law differ from the fugitive felon benefit nonpayment and suspension provisions: they do not automatically disqualify parole or probation violators nor do they include good cause exceptions.

If a warrant is satisfied (i.e., dismissed, apprehended, etc.), the individual is no longer considered a fugitive felon, and therefore, they are no longer barred from serving as a representative payee. However, you must consider whether the payee’s prior criminal history casts doubt on their continued suitability. For additional felony warrant information, see GN 00504.102D. For additional information concerning fugitive felons, refer to GN 02613.000 and SI 00530.000. It is important to remember that current law also restricts when SSA can suspend benefits to a beneficiary while developing for a (new) payee (refer to GN 00504.110). The law was intended to protect beneficiaries from the harm due to not having access to their benefits. Therefore, it is necessary that SSA quickly develop for a replacement payee when removing a fugitive felon payee.

If you receive a eRPS/FF match alert, you must initiate action to replace or suspend that payee. For advance notice requirements, see GN 00504.102E.

REMEMBER: Advance notice requirements can be satisfied during a personal contact with the payee as you develop for a new payee or by sending a letter.

SSA prohibits individuals from serving as a rep payee if they have an unsatisfied felony warrant with offense codes 4901, 4902, or 4999. If the felony warrant is now satisfied (i.e., dismissed, individual was arrested), the individual is no longer prohibited from serving as payee. For additional information on the closure of a warrant see GN 02613.010A. However, their prior criminal history may cast doubt on their continued suitability as a payee. You must consider this criminal history and determine if the payee is still a suitable choice. Update the warrant disposition in the Fugitive Felon SSA Control File (FFSCF). Refer to MS 07420.019.

The Fugitive Felon Computer Matching Agreements (under CMPPA) require that if you use data from this match, SSA must provide the individual (the fugitive felon) with advance notice before taking an adverse action. (However since the benefits belong to the beneficiary and not the payee, appeal rights are not applicable).

The advance notice advises the fugitive felon that we received information showing that they have a unsatisfied felony warrant and is not permitted to serve as payee. This advance notification can be verbal if you speak to the payee during the investigation or it can be by letter. If advance notice is provided verbally, document the Make Note screen (MS 07415.002 and MS 07415.003) screen indicating that you provided verbal notice. If advance notice is mailed, allow 10 days before processing.

The Rep Payee Fugitive Felon Match Advance Notice is now contained in Document Processing System (DPS).

Annotate the Make Note screen with the information from the FF alert investigation. If the payee was terminated because of the unsatisfied felony warrant (or equivalent), indicate such along with the date. If you determine the warrant is satisfied (i.e. dismissed, individual was arrested), annotate the Make Note screen with a statement indicating what information was obtained or used to make that decision. If you determine a change of payee is not needed, document your reasons and clear the work issue in the eRPS using the appropriate reason (MS 07408.008).

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  GN 00502.132 - Selecting Qualified Representative Payee

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  GN 00502.133 - Payee Applicant is a Felony or Fugitive or Has Been Convicted of Other Criminal Act