The fugitive felon or probation or parole violator suspension period begins with the
date the warrant is issued the date of entitlement to Title II benefits or 1/1/2005
(whichever date is later) and will end the month the warrant is satisfied (i.e., the
beneficiary surrenders to the law enforcement agency that issued the warrant or is
arrested). When SSA discovers that a beneficiary has an unsatisfied warrant, an Advance
Notice of Proposed Suspension is sent to the beneficiary advising them that SSA will
suspend the monthly Title II benefits in the near future unless the beneficiary can
satisfy the outstanding warrant or provide SSA with good cause for not satisfying
their outstanding warrant. (See NL 00755.200 for the Advance Notice of Proposed Suspension.)
Generally, once a beneficiary protests their fugitive felon or probation or parole
violator suspension during the appropriate Advance Notice of Proposed Suspension due
process period (see GN 02613.940A for the Advance Notice of Proposed Suspension due process period) and they also satisfy
the outstanding warrant (i.e., the beneficiary surrenders to the law enforcement agency
(or is arrested) that issued the warrant), the fugitive felon or probation or parole
violator suspension period ends the month the warrant is satisfied. Because the beneficiary
was not suspended for the prior fugitive felon or probation or parole violator suspension
period and will not now be suspended after the protest to the suspension of benefits
is resolved (i.e., the warrant has been satisfied) the overpayment becomes a closed
period of fugitive felon or probation or parole violator suspension overpayment. The
overpayment for the fugitive felon/probation or parole violator suspension period
will not be recovered by SSA until a court or administrative governing body (e.g.,
parole board) determines the disposition of the charges.
A court of competent jurisdiction or administrative governing body could determine:
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•
the beneficiary is not guilty of the criminal offense or probation or parole violation,
or,
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•
the charges relating to the criminal offense or probation or parole violation are
dismissed, or,
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•
a proposed plea agreement is acceptable (e. g., individual pleads guilty to a lesser
criminal charge classification such as a felony to a misdemeanor).
NOTE: In the instance of a plea bargain (agreement), the prosecutor and the defense counsel
will enter into a plea agreement setting forth the scope of the plea bargain. Generally,
if an individual is charged with a felony and then pleads to a misdemeanor, the felony
is considered dismissed or null and void. The court order should reflect that the
individual was convicted of the misdemeanor, not the felony. Generally, the court
order should also reflect that the indictment has been dismissed.