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.
|