Include the following approved language (from GN 03501.015D.6) in reinstatement or repayment notices on Fowlkes cases in the Program Centers
on the basis of MACADE transactions:
“You asked us to look at the earlier decision on your claim because you thought the Fowlkes
v Adamec acquiescence ruling could change the prior determination or decision we made. We have
looked at your case and decided that application of the Fowlkes v. Adamec acquiescence ruling does change the prior determination or decision in your case for
the period MM/YYYY through MM/YYYY while you resided in CT, NY or VT. We will grant
these benefits to you for this period based on your application. If you believe this
decision is not correct you have 60 days from the date you receive this notice to
request appeal of our decision.”
Add to the notice suspension paragraph below to explain the resumption of suspension
status due to the outstanding warrant and the fact that Fowlkes AR relief can no longer
be granted because the beneficiary is now residing outside of the Second Circuit.
Fill-in #2 of the paragraph should be completed with the date (MM/CCYY) the beneficiary
left the Second Circuit (i.e., CT, NY or VT).
“We cannot pay benefits to *F1 beginning *F2 because *F3 an outstanding arrest warrant
for a felony crime and *F4 no longer lives in Connecticut, New York or Vermont.”
*F1 – pronoun (you/beneficiary name)
*F2 – MM/CCYY (date beneficiary left Second Circuit)
*F3 – pronoun (you have/he has/she has/beneficiary name has)
*F4 – pronoun (you/beneficiary name)
Also add in the following language and caption in the notice about the original information
on the outstanding felony warrant on which SSA is reimposing suspension.
FUG057 (use the warrant information from the original outstanding warrant on which
SSA suspended the beneficiary)
Add in reconsideration and appeals language as appropriate.
See an example of the notice to send to the beneficiary in partially favorable relief
cases in GN 02613.856C.4.