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, he or she is no longer barred
from serving as a representative payee. However, you must consider whether the payee’s
prior criminal history casts doubt on his or her 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.