SI 00530.017 Preparing the Notice of Planned Action

NOTE:

Refer to the chart for the action required.

Court Case	Action
Martinez Settlement	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.
Clark Court Order	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 through GN 02615.190 for all probation or parole violation warrants.

Court Case

Action

Martinez Settlement

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.

Clark Court Order

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 through GN 02615.190 for all probation or parole violation warrants.

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

A. Introduction

As discussed in earlier sections, warrant and SSR information are screened to determine if good cause can be granted. If so, no suspension action on the warrant and no notice are necessary. If not, we will send recipients a tailored Notice of Planned Action that explains that their payments will be suspended and what specific documentation they must provide to establish that either mandatory or discretionary good cause exists.

B. Procedure

The Notice of Planned Action is located on DOCS (Distributed Online Correspondence System) under posteligibility and is called Fugitive Felon Notice of Planned Action (Title 16). The notice explains that we plan to suspend payments and includes the basic good cause language. When appropriate, tailor the notice to the individual’s circumstances by using paragraph PAY159 to explain what good cause requirements are already met and paragraph PAY160 to list what further proof the individual must provide to establish that good cause exists.

PAY159 and PAY160 are not needed in the Notice of Planned Action if the recipient’s crime was violent or drug related or the crime was nonviolent and not drug related and the subsequent conviction was present on PUPS or otherwise known.

1. Completion of the notice of planned action

Complete the notice fill-ins using the information available from the recipient’s case file and the information that is provided from the OI-5D.

a. Paragraphs to include in paragraph PAY159 and PAY160

Use the following UTIs with paragraph PAY159 to explain which good cause requirements are already met by the recipient based on the case information and the information on the OI-5D.

UTI	USE WHEN…
FUG032	The crime for which the warrant was issued or the probation or parole violation was both nonviolent and not drug related.
FUG033	The original crime(s) for which paroled or put on probation was both nonviolent and not drug related.
FUG034	Individual has neither been convicted of nor pled guilty to another felony crime since the date of the warrant.
FUG035	The law enforcement agency that issued the warrant reports that it will not extradite or that it will not take action on the warrant.
FUG036	The only existing warrant was issued 10 or more years ago.
FUG037	Individual’s medical condition impairs their mental capability to resolve the warrant.
FUG038	The individual has a representative payee.
FUG039	The individual is residing in a long-term care facility.

b. Paragraphs to add to the PAY160 in the notice of planned action

Use the following UTIs with paragraph PAY160 to explain which good cause requirements still need to be met by the beneficiary.

UTI	USE WHEN…
FUG040	The warrant is for a felony crime but you do not know if the crime was both nonviolent and not drug related.
FUG041	The warrant is for a parole or probation violation and you do not know if the original crime for which the individual was paroled or put on probation was both nonviolent and not drug related.
FUG042	You do not know if the warrant was issued for a felony crime or a probation/parole violation and you do not know if the crime or violation was both nonviolent and not drug related.
FUG043	You do not know if the individual has been convicted of or pled guilty to another felony crime since the date of the warrant.
FUG044	The law enforcement agency that issued the warrant has not reported that it will not extradite or that it will not take action on the warrant.
FUG045	The only existing warrant was issued 10 or more years ago and the individual does not have one of the medical impairment codes listed in GN 02613.910 and does not have a representative payee.
FUG046	The only existing warrant was issued 10 or more years ago and the individual does not have one of the medical impairment codes listed in GN 02613.910 and does not have a representative payee and is residing in a long-term care facility.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500530017

SI 00530.017 - Preparing the Notice of Planned Action - 01/25/2024
Batch run: 01/25/2024
Rev:01/25/2024

Social Security

Program Operations Manual System (POMS)