TN 83 (09-21)
42 U.S.C. 402(u) / Sec.
20 U.S.C. 404.465 / CFR
Any federal court (the court) may impose a penalty excluding earnings for determining
entitlement and benefits against an individual convicted of a crime(s) against the
United States (U.S.). This penalty for a conviction of a crime against the U.S. is
in addition to the ones established under applicable U.S. laws. The instructions in
this subsection only apply when the U.S. Attorney General of the Department of Justice
(DOJ) notifies us the court imposed such a penalty in addition to a conviction under
one of the above statutes.
NOTE: Crimes against the U.S. include espionage, sabotage, treason, sedition, subversive
activities, or communication of classified information to a foreign government, see
18 U.S.C. §§ 792-99, 2151-56, 2381-90 and 50 U.S.C. § 783.
The penalty is effective with the month of the conviction.
This penalty affects the entitlement and benefit amount of the convicted person. It
does not affect the benefit amount of any currently entitled or future auxiliary on
For example, a spouse continues to have benefit rights based on the convicted individual's
entire earnings record, pre-penalty.
Lump sum death payment
This penalty does not affect the convicted person's entitlement to a lump sum death
payment (LSDP) payment based on another person's earnings record (ER); nor does it
affect an auxiliary's entitlement to a LSDP payment based on the convicted person's
credited earnings before or after the conviction.
Health insurance benefit (HIB) eligibility
For information on how the conviction of a crime against the U.S. affects eligibility
for HI benefits, refer to HI 00801.086.
Supplemental medical insurance benefit (SMIB) enrollment
For information on eligibility for SMI benefits, refer to HI 00805.005
The U.S. Attorney General must notify the Commissioner of Social Security about an
individual who has received this additional penalty for a conviction for a crime(s)
against the U.S. before SSA will apply the penalty to a beneficiary's record.
Central Office should receive the notification for these types of penalty cases. However,
if the Field Office (FO) or Processing Center (PC) receives notification or a copy
of the judgment directly from DOJ:
Scan the documents into the Non-Disability Repository for Evidentiary Documents (NDRED);
Email case information to the Office of Income Security Programs (OISP), at ^OISP OSSIPIP Controls to confirm the applicability of this policy before taking any action. Type “Convicted
for crimes against the U.S.” in the subject line of the email.
OISP will confirm with the Office of General Counsel, as needed, whether the penalty
applies to the beneficiary’s record.
When determining or re-determining entitlement for an individual convicted of one
of these crimes, do not include:
Wages paid in or before the calendar year in which the conviction occurred; and
Net earnings (NE) for self-employment (SE) derived in or before the taxable year in
which the conviction occurred.
If the President pardons the individual for the offense, remove the penalty effective
with the month after the month of the pardon. Recalculate entitlement of benefits,
and determine the amount of benefits to pay as if there had been no conviction.