TN 8 (11-08)

GN 02613.150 Receiving and Processing Warrant Information

NOTE: 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.

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. Process for reporting warrant information to SSA

The following chart contains the process for reporting warrant information to SSA.

1. Source of warrant report

SOURCE OF REPORT

METHOD OF REPORT

WHERE REPORT IS RECEIVED

First Party Reports

  • Beneficiary

  • Representative Payee

  • Legal guardian

  • A claimant self-reports his or her warrant while filing his or her application

  • An authorized representative

  • Another person acting on behalf of the beneficiary or claimant at their request

First Party Reports

  • Letters

  • Telephone calls

  • Fax

  • Email

  • Face-to-face interviews with SSA employees

First Party Reports

All SSA offices including:

  • Field Offices (FO)

  • Processing Centers (PC)

  • Teleservice Centers (TSC)

Third Party Conventional Reports

  • Media reports (e.g., newspaper articles, etc.),

  • Neighbors,

  • Relatives,

  • Law enforcement agents (LEA) (non-formal reporting agreement warrant data), or

  • Parole or probation officers (non-formal reporting agreement warrant data).

Third Party Conventional Reports

  • Television news reports, newspaper articles, Internet, or radio reports, or

  • Reports from neighbors, relatives, etc.

  • Warrant information directly provided to SSA offices from law enforcement officials or probation or parole agencies or staff that do not have formal reporting agreements with SSA.

Third Party Conventional Reports

All SSA offices including:

  • Field Offices

  • Processing Centers

  • Teleservice Centers

Third Party Computer Generated Reports

  • Law enforcement agencies (LEA) with formal reporting agreements

  • National Crime Information Center (NCIC) (federal warrant repository) with formal reporting agreement

  • Office of the Inspector General (OIG) field generated cases initiated by OIG agents outside of the computer matching operation.

Third Party Computer Generated Reports

  • Fugitive Felon alerts or records from law enforcement agencies that have a formal reporting agreement with SSA.

  • Fugitive Felon records or alerts that reflect Reporter ID code which is a 4-digit alpha/numeric identifier assigned to each reporting entity (e.g. “3MDF”, etc.)

Third Party Computer Generated Reports

Warrant information is received in the National Computer Center (NCC), or

Government Services Online (GSO) website.

The warrant data is processed through the Fugitive Felon System Control File (FFSCF). For information on the processing of warrants through the FFSCF, see GN 02613.100. FFSCF sends the warrant information to the Office of the Inspector General (OIG) for warrant verification processing.

After OIG opens a case in their National Investigative Case Management System (NICMS) and verifies that the warrant is valid, they forward the warrant information to the FFSCF system.

OIG field generated cases, initiated by OIG agents outside of the computer matching operation, are reported through the FFSCF system. OIG field agents no longer refer warrants to the FO.

2. Processing of warrant reports

The chart below provides the reference of instructions for processing warrant reports received at SSA offices.

Source of Warrant Report

Instructions for Processing the Warrant Report

First Party Reports (self-reported warrant reports)

For instructions on processing first party warrant reports, see GN 02613.150B.1., in this section.

Third Party Conventional Reports (non-law enforcement officers or agencies)

For instructions on processing third-party conventional reports (non-law enforcement), see GN 02613.150B.1., in this section.

Third Party Conventional Reports (law enforcement officers or agencies)

For instructions on processing third-party conventional reports (law enforcement agencies officers and agencies), see GN 02613.150B.2., in this section.

Third Party Computer Generated Reports

For instructions on processing third-party computer generated reports, see GN 02613.100 (Fugitive Felon SSA Control File (FFSCF).

B. Procedure for warrant reports received in SSA field offices (FO)

1. Warrant information from first (self-reports) and third-party conventional reporters (non-law enforcement reports)

Send warrant information received in SSA FOs from a first-party or a third-party conventional reporters (except for walk-in reports received from law enforcement officers or agencies) to OIG for investigation and verification of the warrant before taking any adverse action or non-payment action on the warrant. For information on a first-party or a third party conventional reporter, see GN 02613.150A.1., in this section.

SSA FO Workflow Process for FO Received Warrant Reports

The chart explains the workflow process for a warrant report from a first-party or a third party conventional reporter (except for walk-in reports received from law enforcement officers or agencies).

Steps in Process

Actions In Process

1

SSA FO receives a report or information about a warrant from a first party or a third party conventional reporter. For information about sources of reports or reporters, see GN 02613.150A.1., in this section.

2

SSA FO verifies the identity of the individual using SSA records (e.g., NUMIDENT or ALPHIDENT) and locates Title II entitlement to benefits using the Master Beneficiary Record (MBR). For instructions on verifying the identity of the claimant, see GN 00203.020.

Warrant information received in the FO that needs verification should be emailed to the Office of the Inspector General (OIG), Fugitive Felon Program Manager at SSA. The email address is: ^Fugitive Felon. In the Subject Line of the email, include your District Office (DO) or Processing Center (PC) code.

The email message must contain the following information:

  • SSN (mandatory)

  • Name (mandatory)

  • Date of Birth of Fugitive (mandatory)

  • Place of Birth of Fugitive (if available)

  • Father’s Name (if available)

  • Mother’s Name (if available)

  • Gender: (mandatory)

  • Warrant Number (if known)

  • Date Warrant Was Issued (if available)

  • County/State Where Warrant Was Issued (if available)

  • Name and Address of the Agency that Issued the Warrant (if available)

  • Date of Crime (if available)

  • Nature of Crime (if available).

NOTE: Request OIG to provide the Originating Agency Identifier (ORI) of the warrant issuing agency.

3

OIG conducts a criminal history search based on the information contained in the email from the FO. If they uncover a criminal history for the individual, OIG then checks for warrants. OIG responds to the warrant verification request via email to the requesting FO. If the FO does not receive a response after two weeks, refer the case to the Regional Fugitive Felon Coordinator (RFFC) for follow-up action. The RFFC then requests assistance from Central Office (CO).

If a warrant is discovered, OIG provides the warrant number; the date the warrant was issued, the county or State that issued the warrant and the name, ORI number, and the address of the agency that issued the warrant, and any other pertinent warrant information. Go to step 4.

If OIG emails SSA and states they cannot locate a warrant for the individual, discontinue development. No further action is taken by the FO to try and identify the warrant for this individual. Do not add the warrant information to the FFSCF database. Stop.

4

FO verifies the SSN and establishes the warrant information via the Warrant Information (FFWI), and Personal Information (FFPI) screens in FFSCF. (Access FFPI in Update mode). For instructions on coding the warrant information to the FFSCF, see MSOM PRISON 006.004. Go to step 5.

5

Send the Advance Notice of Proposed Suspension if the beneficiary is in current payment status, and fugitive felon or probation or parole violator suspension causes ongoing Title II benefit suspension. For a simulation of the Advance Notice of Proposed Suspension, see NL 00755.200 and GN 02613.940A. Tickle for 15 days via Modernized Development Workload system (MDW) for the due process period. When the due process period matures and no protest has been received, go to step 6.

Or,

If the beneficiary is in nonpayment status, suspension, terminated or deferred status; or, if the beneficiary has satisfied his or her warrant, no Advance Notice of proposed suspension is required. No advance notice is also required for first-party reports. Go to step 6.

6

Suspend benefits using the FFEL POS suspension screen per SM 03020.370 (Fugitive Felon Suspension and Reinstatement (FFEL) and MSOM COMMON 005.035 Fugitive Felon Suspension and Reinstatement (FFEL).

7

T2 notice systems send a fugitive felon suspension overpayment notice to the beneficiary.

2. Warrant information FOs receive from law enforcement agencies (LEA) or officers (LE)

  1. Information a law enforcement (LE) officer gives to an SSA FO, requesting assistance in locating a Social Security beneficiary, may lead to the identification of a beneficiary, as a person with an unsatisfied warrant. While a request from the LE must be in writing for the SSA FO to provide information, a verbal request may be used as a lead to develop a possible fugitive suspension action. For the allowable disclosure policy information given to law enforcement agencies, see GN 03312.030.

  2. When the LE officer contacts the SSA FO for information about a beneficiary identified as a fugitive, search SSA records to determine whether the individual being sought or reported is a beneficiary. Ask the LE official to provide confirming evidence (i.e. warrant, court order or other court decision) of the request for information. If the LE official does not have supportive evidence, ask for the name and address of the agency that has jurisdiction and holds the records or information needed for verification. The FO contacts the other agency that has jurisdiction for the warrant to determine the existence of the warrant.

  3. Examine the legal documents provided by the LE agency to verify that the individual is a fugitive, as defined in GN 02613.001B. Examples of acceptable evidence are:

    • Order, decision or other document issued by a court;

    • An arrest warrant or order; or

    • Decision of a court, parole board, or other appropriate agency finding the claimant has violated a condition of probation or parole; and

    • Some kind of verification that the warrant is still active.

  4. Warrant reports received from LE agencies, or officers directly in the FOs are authenticated and verified by the warrant issuing agency that issued the warrant. If the LE officer requesting information from SSA belongs to the warrant-issuing agency that issued the warrant, these warrants do not need further referral with OIG.

  5. FO verification process of fugitive felon warrant information received from law enforcement officers are explained in the chart:

STEPS IN PROCESS

ACTION

1

Verify the LE officer’s credentials (identification, badge, etc.) and that he or she belongs to the agency that issued the warrant, or is acting on behalf of that agency.

2

Verify name of fugitive on warrant using SSA records (e.g., NUMIDENT, ALPHIDENT, etc.) to locate or verify SSN and name of SSA beneficiary. For instructions on verifying the claimant’s identity, see GN 00203.020.

3

Obtain MBR, SSR or RPS to determine if entitlement exists on either Title II or Title XVI, or as a representative payee on RPS.

If entitlement exists, go to step 4. If entitlement does not exist, notify the LE agency or officer that the fugitive is not a beneficiary.

Check RPS to determine if the individual is a representative payee. This applies only for felony warrants, not for probation or parole violator warrants. Verify that the Offense code on the warrant is not a probation or violation code (e.g., 5011 or 5012). If the warrant is a felony warrant and the person identified on the warrant is a representative payee for a social security beneficiary, process the warrant, per GN 00502.133 (Payee Applicant is a Felon or Fugitive or Has Been Convicted of Other Criminal Act).

4

Add the warrant information to the FFSCF database. For instructions on establishing warrant information to the FFSCF, see MSOM PRISON 006.004. Since the warrant report came directly from the issuing warrant agency, the warrant is active, therefore, do not refer the warrant to OIG for verification.

5

Send the Advance Notice of Proposed Suspension, if the beneficiary is in current payment status, and the initial determination is that the beneficiary is a fugitive felon, or probation or parole violator causes ongoing Title II benefit suspension. For instructions on preparing the Advance Notice of Proposed Suspension Notice, see NL 00755.200.

Tickle for 15 days via MDW for due process period. When due process period expires, go to step 6.

Or,

If the beneficiary is in nonpayment status (i.e., terminated, suspension or deferred) or the beneficiary’s warrant is satisfied, go to step 6.

6

Suspend benefits using the FFEL POS suspension screen, per SM 03020.370 and MSOM COMMON 005.035, if appropriate.

7

Automated suspension or closed period of suspension notices with overpayment information is generated based on the FFEL suspension action.

NOTE: All actions on Title II cases that also involve Title XVI entitlement (concurrent entitlement) should be coordinated with the appropriate FO technician working on the Title XVI suspension for the beneficiary and vice-versa. Update the program entitlement on the FFWI screen to show all SSA entitlements for the fugitive felon. Since there is no direct interface between FFSCF and FFAP, changes to one system should be updated on the other. For update that may be needed to FFAP, see SI 00530.205.

C. Procedure for other issues referred to OIG from the FFSCF database

1. EVS code of “A” cases and other identity mismatched cases

In some instances, the Fugitive Felon Computer Match (FFCM) identifies an incorrect individual when matching against the MBR, or SSR because the incoming SSN information does not match what is on SSA’s records. The system did a match using an alpha-search using only the name and date of birth on the warrant, and the match was not accurate. In other cases, certain matching tolerance criteria may result in an inaccurate match (i.e, mismatched identity case). Because of these errors, the FFSCF automatically sends a Title II Advance Notice of Proposed Suspension to a beneficiary who claims he or she never had an outstanding warrant. The beneficiary may protest during the due process period, or after the suspension has occurred if he or she does not have an outstanding warrant. (For information on the Advance Notice of Proposed Suspension and the due process period requirements, see GN 02613.940A.)

SSA processes the protest to the suspension.

The chart provides instructions on processing warrant information for situations where the beneficiary states that he or she does not have a warrant (e.g., EVS code of “A” or a mismatched identity case).

STEPS

ACTIONS

1

BENEFICIARY IN CURRENT PAY WHEN PROTEST IS RECEIVED BY SSA (due process period has not expired yet):

Update the FFDG screen on the FFSCF, and enter a PROTEST DATE (the date the beneficiary contacted SSA to protest). The PROTEST DATE stops the fugitive suspension from occurring when the due process period matures. Go to step 3.

2

BENEFICIARY IN SUSPENSION STATUS WHEN PROTEST IS RECEIVED BY SSA.

Do not input a PROTEST DATE on the FFDG screen in FFSCF, or on the FFEL. Follow steps 3 and 4 to resolve the beneficiary’s allegation of mistaken identity. If OIG responds that the warrant does not belong to the beneficiary, resume benefits on the FFEL, based on Good Cause Reason “MID.” For Title XVI cases, reinstate according to the due process policies in SI 02301.300 - SI 02301.320.

For additional instructions on resuming benefits from fugitive felon suspension status, see GN 02613.600.

3

Review the MBR, SSID, and NUMIDENT to determine if the beneficiary’s SSN, name, date of birth and place of birth are the same on SSA’s records, as they are on the FFWQ. Check the warrant issuing State on the FFWQ against the MBR address.

NOTE: If the States are different, there is a possibility that the beneficiary is not the individual for whom the warrant was issued.

If the identity information is discrepant and the beneficiary alleges that he or she was never in the State that issued the warrant, or that he or she was never in that State around the time the warrant was issued, further investigation of the identity of the individual on the warrant is required. Go to step 4.

Or,

If the beneficiary provides sufficient information or evidence when he or she contacts SSA to protest his or her suspension, and the evidence proves that the beneficiary is not the individual for whom the warrant was issued, resume benefits. Go to step 8.

4

Refer the case to OIG via email to: ^Fugitive Felon. In the Subject Line of the email, include your DO or PC code. Provide the facts of the EVS code of “A” or identity mismatch case situation (see information to include in the email message per GN 02613.150B.1., step 2, in this section) to OIG and ask them to investigate the identity of the individual on the warrant. Go to step 5.

Check RPS in each case where the beneficiary or claimant has an outstanding felony warrant, to determine if he or she is serving as a representative payee.

Effective April, 2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition, see GN 00502.133, Payee Applicant is a Felon or Fugitive or Has Been Convicted of Other Criminal Acts.

5

OIG sends an email to the SSA FO that submitted the request, with the results of its investigation.

6

If the warrant belongs to the beneficiary, go to step 7.

If the warrant belongs to another individual, and not the SSA beneficiary, go to step 8.

7

Warrant belongs to the beneficiary

Check the WARRANT SOURCE INFORMATION on the FFWQ screen on the FFSCF.

If the WARRANT SOURCE INFORMATION is: LEA Batch File or OIG Initiated or FFAP Record, post PROTEST DENIAL CODE = 2 on the FFDG screen. The suspension automatically passes to the T2 system when the next batch run expires. Suspension of benefits automatically occurs at the DUE PROCESS MATURITY DATE (even if this date is in the past at the point of case processing). For instructions on this type of action for Title XVI cases, see SI 00530.000.

Or,

If the WARRANT SOURCE INFORMATION is: Third Party Report, update the FFSCF on the FFDG screen with a code of 2=PROTEST DENIAL, use the FFEL system to suspend benefits, per MSOM COMMON 005.035. (For Title XVI cases, also see SI 00530.015C.7.

The suspension and overpayment notices are automatically generated by the T2 notice system.

8

If the warrant does not belong to the beneficiary, go to the FFSCF, FFDG, and enter a PROTEST DISPOSITION 1 = PROTEST APPROVED and a GOOD CAUSE ESTABLISHED “Y,” GOOD CAUSE REASON “MID.”

Do not prepare a Good Cause Determination, per GN 02613.025C.6. (Good Cause Provisions).

Send a notice to the beneficiary that explains that SSA did not identify the correct individual on the warrant, and that benefits are not suspended because the beneficiary is not the individual identified on the warrant. For suggested language to use in this notice to the beneficiary, see NL 00755.700.

2. PC receives report that the beneficiary states that he or she does not have a warrant- (EVS code of “A” case or mismatched identity issues)

Refer the beneficiary protest, and the warrant information to the SSA FO that has jurisdiction over the beneficiary’s address on the MBR, for action on EVS code of “A” situations, or cases where the identity on the warrant is mismatched.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202613150
GN 02613.150 - Receiving and Processing Warrant Information - 10/24/2016
Batch run: 10/24/2016
Rev:10/24/2016