TN 4 (12-06)
GN 02613.820 Receiving and Processing Warrant Information Under the Fowlkes Acquiescence Ruling (AR)
A. Process – Reporting Warrant Information to Social Security Administration (SSA) Under The Fowlkes AR
1. Source of Warrant Report
See GN 02613.150A.1 for the chart describing the sources of warrant reports, the type of reports and where the report is received.
NOTE: In connection with the Fowlkes AR, SSA will alter further processing of Third Party Computer Generated Reports on the chart for residents of Connecticut (CT), New York (NY), or Vermont (VT). SSA will continue to process outstanding warrant information for probation or parole violators who reside in CT, NY or VT via the Fugitive Felon Computer Matching program. See GN 02613.100 for additional information about the Third Party Computer Matching Operation.
2. Receipt of Warrant Information by SSA Office and Overall Processing of All Warrant Information (Fugitive Felon and Probation or Parole Warrants)
Continue to forward all incoming warrant information received by SSA offices to the Office of the Inspector General (OIG) via email as described in GN 02613.150A.2. Processing of the outstanding warrant information for beneficiaries residing within the Second Circuit will be altered in connection with the Fowlkes AR. Do not develop additional information about these warrants. OIG will take the appropriate action on the warrant.
3. Identification of Felony Warrants from the Fugitive Felon System Control File (FFSCF)
Utilize the following FFSCF data fields in order to determine if a warrant is for a felony-type crime:
Obtain a Felony warrant Query (FFWQ) for the beneficiary (see MSOM PRISON 006.010 for information on the FFWQ query).
Check the following fields on the FFWQ to determine if the warrant is for a felony or a probation or parole violation:
OFFENSE CODE (See MSOM PRISON 006.010E for a description of this field. See GN 02613.900 for information on determining if a warrant is for a violent crime. Most of the crimes listed on the offense code list except for offense codes 5011 and 5012 (probation or parole violator offense codes) are generally felony-type crimes);
OFFENSE TYPE (See MSOM PRISON 006.010E for a description of this field.);
OFFENSE CHARGE SYMBOL (See MSOM PRISON 006.010E for a description of this field.); and/or
Check the following fields on the Fugitive Felon Status Query (FFSQ) (see MSOM PRISON 006.011 for information on this screen) to determine if the warrant is for a felony or probation or parole violation.
FELON STATUS (See MSOM PRISON 006.011E for a description of this field.)
B. Procedure – Field Office (FO) – Warrant Reports Received in SSA Offices (Non-Formal Reporting Arrangements)
1. Warrant Information From First and Third-Party Conventional Reporters (Non-Law Enforcement Reports)
Continue to forward all warrant information (i.e., felony warrants and probation and parole violation warrants) received by SSA offices to OIG via email as described in GN 02613.150B.1. In connection with the Fowlkes AR, SSA will alter further processing of Third Party Computer Generated Reports on the chart for residents of Connecticut (CT), New York (NY) or Vermont (VT). If the outstanding warrant information concerns an individual residing within the Second Circuit, OIG will take the appropriate action on the warrant information.
2. Warrant Information Received From Law Enforcement Agencies (LEA) or Offices
a. Probation and Parole Violator Warrants
Continue to forward all probation or parole violator warrant information (i.e., offense codes on the warrant of 5011 and 5012) received by SSA offices to OIG via email as described in GN 02613.150B.2.
b. Felony warrants
Because of the Fowlkes decision, generally, SSA may no longer disclose beneficiary information in connection with the fugitive felon provisions of the Act to law enforcement agencies (LEAs) who request beneficiary information from SSA offices if the beneficiary has an outstanding felony warrant and the beneficiary resides within the Second Circuit (i.e., CT, VT or NY).
IMPORTANT: SSA can, however, disclose beneficiary information to LEA officers (this includes beneficiaries residing within the Second Circuit) if the beneficiary has been indicted or convicted of a violent crime. This exception is not related to the Fowlkes decision. This exception is always strictly applied. See information regarding these crimes in GN 03312.005.
c. Processing Felony Warrant Information Received at SSA Field Offices (FOs) from Law Enforcement (LE) Officials for Beneficiaries Residing in the Second Circuit
Warrant information received by SSA FOs from LEA officials for beneficiaries residing with the Second Circuit will vary from normal instructions found in GN 02613.150B.2. Process felony warrant requests from Law Enforcement Agencies (LEAs) or Officers about beneficiaries residing within the Second Circuit as follows:
CAUTION: In connection with the Second Circuit’s decision in Fowlkes, SSA generally cannot disclose beneficiary information to LEA officers who contact SSA for information about a beneficiary if the outstanding warrant is for a felony warrant for a beneficiary residing in CT, NY, or VT. As an exception that is not related to the Fowlkes decision, SSA may disclose such information if the warrant is for a violent crime as explained in GN 03312.005.
When the LEA officer contacts SSA for information about a beneficiary identified on a felony warrant, search SSA records to determine whether the individual being sought or reported is a beneficiary and if he/she is residing in CT, NY, or VT. If the warrant is for a felony and the beneficiary resides in CT, NY or VT, generally do not disclose the beneficiary’s information to the LEA officer.
If the felony warrant is for a violent crime as explained in GN 03312.005, then ask the LEA official to provide confirming evidence (i.e., warrant, court order or other court decision) of the request for information. If the LEA 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 will try to contact the other agency that has jurisdiction for the warrant to determine if the warrant is still active.
Examine the legal documents provided by the LE agency to verify that the individual is wanted in accordance with the instructions in GN 03312.005. Examples of acceptable proofs of evidence are:
See information in GN 03312.035 for the kinds of information that may be disclosed to law enforcement agencies.
NOTE: Do not add the felony warrant to the Fugitive Felon System Control File (FFSCF) for beneficiaries residing within the Second Circuit. Do not suspend Title II benefits based on the outstanding felony warrant if the beneficiary resides within the Second Circuit.
3. Referral of Self-Reported Warrant Information to SSA FO
a. Self-Reported Probation or Parole Violator Warrants
Continue to forward all self-reported probation or parole violator warrant information (i.e., offense codes on the warrant of 5011 and 5012) received by SSA offices as indicated in GN 02613.150B.3.
b. Self-Reported Felony warrants
If the beneficiary self-reports warrant information and the beneficiary is residing in CT, NY or VT and the beneficiary has an outstanding felony warrant (not a probation or parole violation warrant) do not develop the information. See GN 02613.800 for information about the Fowlkes AR. Explain the Fowlkes AR to the individual and give him/her a copy of the Fowlkes AR, if requested. See the instructions in GN 02613.830A.5 for information on handling inquiries received at SSA offices regarding the contents of the Fowlkes AR.
C. Process – Other Issues Referred to OIG From The FFSCF Database
1. EVS Code of “A” Cases –Beneficiary States He/She Does Not Have a Warrant
Continue to process all Enumeration Verification System (EVS) code of “A” cases for probation or parole violations warrant information (i.e., offense codes on the warrant of 5011 and 5012) as indicated in GN 02613.150C.
Process all felony warrant information for beneficiaries residing outside of the Second Circuit per GN 02613.150C.
Process all EVS code of “A” cases for felony warrant information for beneficiaries residing in the Second Circuit as indicated in GN 02613.820C.1.a. through GN 02613.820C.1.c.
a. SSA FO Receives Report That the Felony Warrant Does Not Belong to the Beneficiary Residing in the Second Circuit--EVS Code of “A” Case—Beneficiary in Current Pay Status
Process as indicated below for beneficiaries residing in the Second Circuit who are disclaiming the warrant and the felony warrant has an EVS Code of “A:”
BENEFICIARY IN CURRENT PAY WHEN PROTEST IS RECEIVED BY SSA (due process period has not expired yet):
Update the (FFDG) screen on the Fugitive Felon System Control File (FFSCF) and enter a PROTEST DATE (the date the beneficiary contacted SSA to protest), go to Step 2.
Review the MBR and NUMIDENT to determine if the beneficiary SSN, name, and date of birth are the same on SSA 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 reflected on the warrant.
If the beneficiary alleges that he/she was never in the State that issued the warrant or that he/she alleges that he/she was not 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 3.
If the beneficiary provided sufficient information or evidence when he/she contacted SSA to protest his/her suspension and the evidence proves that the beneficiary is not the individual on which the warrant was issued. Go to Step 7.
Refer the case to OIG via email to: ^Fugitive Felon. In the Subject Line of the email, include your District Office (DO) or Processing Center (PC) code. Provide the facts of the EVS code of A situation (see information to include in the email message per GN 02613.150B.1. Step 2 to OIG) and ask OIG to investigate the identity of the individual on the warrant. Go to Step 4.
OIG will email back to the SSA FO that submitted the request the results of its investigation. Go to Step 5.
If the warrant belongs to the beneficiary process per Step 6.
If the warrant belongs to another individual and not the SSA beneficiary, process per Step 7.
Warrant belongs to the beneficiary and the beneficiary resides in the Second Circuit.
On or after December 6, 2005, the Social Security Administration (SSA) will no longer suspend benefits to beneficiaries who reside in the Second Circuit (Connecticut (CT), Vermont (VT) or New York (NY)) only because they have an unsatisfied felony warrant for more than 30 continuous days for a crime, or attempted crime.
Do not suspend benefits, go to the FFSCF, FFDG screen, and enter a PROTEST DISPOSITION 1 = PROTEST APPROVED and a GOOD CAUSE ESTABLISHED “Y,” GOOD CAUSE REASON “DNH.”
Add a Special Message Field to the MBR containing the following text:
“Fowlkes AR Relief is Granted, effective MM/DD/YYYY for Warrant No. ########, Dated MM/DD/YYYY.”
Do not prepare a Good Cause Determination.
Based on the POS input, the T2R Notice System will send the beneficiary a notice. The T2R Notice will not send the beneficiary any information about the Fowlkes AR. The SSA FO will send another detailed notice to the beneficiary that we will explain the Fowlkes AR and why SSA will not suspend benefits. See GN 02613.856A for suggested language to use in this notice to the beneficiary.
If the warrant does not belong to the beneficiary residing in the Second Circuit, go to the FFSCF, FFDG screen, 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.
The T2R Notice system will send the beneficiary a notice based on the POS input. See NL 00755.700 for suggested language that is used in this notice to the beneficiary.
b. Beneficiary in the Second Circuit Is In Suspension Status When The Protest Is Received by SSA—Erroneous Suspension
If the beneficiary, residing in the Second Circuit, is already suspended when SSA receives the timely protest against the Advance Notice of Proposed Suspension action (i.e., SSA inadvertently suspended the benefits), then process as indicated below:
See GN 02613.600 for instructions on resuming benefits from erroneous fugitive felon suspension status. Refer to GN 02613.820C.1.a. Step 6. for additional processing instructions that must be used for Fowlkes AR case processing because the beneficiary is residing in the Second Circuit.
See GN 02613.600 for instructions on resuming benefits from erroneous fugitive felon suspension status.
2. PSC Processing of EVS Code of “A” Case – Beneficiary Resides in the Second Circuit
If the PSC receives a report from a beneficiary, who resides in the Second Circuit, that the felony warrant does not belong to the beneficiary (i.e., see instructions in GN 02613.150C for EVS code of “A” cases), then refer the beneficiary protest and the felony warrant information to the SSA FO. The SSA FO that has jurisdiction over the beneficiary’s address on the MBR will take action on the report. Notify the SSA FO that the beneficiary resides in the Second Circuit and that the beneficiary is disclaiming the warrant (EVS code of “A” situation). Notify the FO to process the report per GN 02613.820C.1.