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 him/her 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
his/her outstanding warrant. (See NL 00755.200 for the Advance Notice of Proposed Suspension.)
Generally, once a beneficiary protests his/her 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 he/she also
satisfies 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.