Effective Dates: 11/03/2023 - Present Previous | Next

TN 36 (11-23)

GN 02613.770 PSC Processing of T2 Suspension Exceptions from the POS/FFEL

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 – 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 – GN 02615.190 for all probation or parole violation warrants.

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

A. Procedure – FO/PSC processing of POS/FFEL T2 exceptions

1. FO/PSC input suspension using POS/FFEL — T2 exception occurred

If a T2 exception occurred from the FO or PSC POS/FFEL input, process the suspension using MACADE/MADCAP.

NOTE: Developing Representative Payee Suitability -- Check RPS in each case where the beneficiary/claimant has an outstanding felony warrant to determine if they are serving as a representative payee.

Effective 4/2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition. Refer to GN 00502.133.

2. PSC processing for fugitive felon fax cases received from the FO

  • •

    Process the suspense action based on the information shown on the T2 exception output.

  • •

    Suspend the benefits S9 on the MBR via MADCAP/MACADE for the appropriate period of suspension. Add the RFST of “FUGFEL” for a fugitive felon suspension.

  • •

    Developing Representative Payee Suitability --Check RPS in each case where the beneficiary/claimant has an outstanding felony warrant determining if they are serving as a representative payee.

    Effective 4/2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition. Refer to GN 00502.133.

NOTE: The PSC will continue to be responsible for MADCAP/MACADE inputs.

IMPORTANT: Query PCACS or Evidence Portal (EP) to see if the T2 processing action (ACR) is pending or query the THIS. Assume there is a T2 processing action (ACR) if an ACR is shown in PCACS or EP ; i.e., TOEL of STATUS FELSUS is present.

B. Procedure – notice action on the S9 suspension

The PSC will send appropriate suspension and overpayment notices to the beneficiary to explain the reason SSA suspended benefits and to provide overpayment, reconsideration language to the beneficiary. See the notices for fugitive felon suspensions and overpayments in NL 00755.400 and NL 00755.500.

C. Process PCACS TOEL categories used in fugitive felon case processing

The following TOEL1 and TOEL2 categories will be used for fugitive felon case processing:

 

TOEL1

TOEL2

STATUS

FELSUS – fugitive felon/probation or parole violator suspensions

STATUS

FELRNT – fugitive felon/probation or parole violator reinstatements

STATUS

FELRESU – fugitive felon/probation or parole violator resumptions
To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202613770
GN 02613.770 - PSC Processing of T2 Suspension Exceptions from the POS/FFEL - 11/03/2023
Batch run: 11/03/2023
Rev:11/03/2023