If the beneficiary meets all the conditions listed below but moved out of the Second
Circuit after December 6, 2005, (i.e., did not reside in CT, NY or VT at some point
after December 6, 2005), then SSA can resume benefits to the beneficiary effective with the month of fugitive felon
suspension through the month before the month the beneficiary moved out of the Second
Circuit; (i.e, the States of CT, NY or VT). The beneficiary must meet the following
conditions:
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the beneficiary resided (see GN 02613.810A.5 for a description of residency under the Fowlkes AR) in CT, NY, or VT at the time
the fugitive felon suspension/denial determination or administrative review decision
was made (see GN
02613.830A.3 for more information on determining residency when processing requests for relief
under the Fowlkes AR), and
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the initial suspension or administrative appeal denial or determination notice that
SSA sent to the beneficiary was dated December 6, 2005 or later. (See GN 02613.830A.4 for more information on the effective date for applying a request for relief under
the Fowlkes AR.), and
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SSA made the initial determination or the administrative review decision to suspend
Title II benefits based on the fact that the beneficiary had an unsatisfied warrant
for more than 30 continuous days for a crime or an attempted crime that is a felony
or, in jurisdictions that do not classify crimes as felonies, a crime that is punishable
by death or imprisonment for more than 1 year (regardless of the actual sentence imposed),
and
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SSA had not applied the Fowlkes AR on the identical issue (same time period, same
issue (i.e., fugitive felon payment suspension)) for this beneficiary previously.
When the beneficiary contacts SSA to request relief under the Fowlkes AR and he/she
did not reside in any of the States in the Second Circuit (CT, NY or VT) at some point
after December 6, 2005; SSA will only consider the possibility of resuming benefits
for months that the beneficiary resided within the Second Circuit (i.e., CT, NY or
VT). SSA will reinstate Title II benefits for a closed period for these months. Fugitive
felon payment suspension will again apply for any month that the beneficiary no longer
resided within the Second Circuit states (CT, NY or VT) or out of the country.
EXAMPLE: Beneficiary B received a Title II fugitive felon suspension notice dated April 20,
2006, suspending his benefits beginning January 2006. Beneficiary B has resided in
New Haven CT and has lived there for the past 2 years. The SSA suspension notice went
to the New Haven CT based on SSA reviewing the address on the MBR and examining the
suspension notice on the Online Notice Retrieval System. Beneficiary B moved from
New Haven CT on May 3, 2006 to reside with his brother in Bangor ME. Beneficiary B,
who never requested relief under the Fowlkes AR previously, contacted the SSA DO in
Bangor ME on May 15, 2006 to protest the suspension of his Title II benefits. Beneficiary
B completes an SSA-795 statement attesting to his claim that the Fowlkes AR should
apply to the suspension. Beneficiary B’s signed and dated statement states:
He believes he should be granted relief from suspension of his Title II benefits under
the Fowlkes AR because:
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he resided in New Haven CT effective December 6, 2005 and later and has not requested
relief under the Fowlkes AR previously, and
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the SSA suspension notice regarding his outstanding felony warrant from SSA was dated
April 20, 2006 when he lived in New Haven CT, and
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the suspension was effective from January 2006 because he had an outstanding felony
warrant; and
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he currently resides in Bangor ME, having moved there on May 3, 2006 and he states
that he will continue to reside there indefinitely.
Based on the above statement and verification by the SSA FO of the facts in the statements,
SSA can reinstate benefits for the months before the month Beneficiary B moved out
of the Second Circuit under the Fowlkes AR. SSA did so on June 20, 2006.
SSA will reinstate benefits to Beneficiary B for the closed period of fugitive felon
suspension from January 2006 until April 2006 when Beneficiary B resided in CT. Beneficiary
B requested Fowlkes AR relief while residing outside the Second Circuit. Effective
May 2006 when Beneficiary B moved to ME, benefits be suspended because Beneficiary
B resides outside of the Second Circuit and continues to have an outstanding felony
arrest warrant.