TN 4 (12-06)

GN 02613.850 Beneficiary Moves Into or Out of Second Circuit

A. Procedure - Importance of Beneficiary Residence in Determining if the Social Security Administration (SSA) Can Grant Fowlkes Acquiescence Ruling (AR) Relief

There are several factors to consider in determining if the Fowlkes AR would apply to a beneficiary’s request for relief under the Fowlkes AR:

  • the beneficiary has/had an unsatisfied felony warrant, and

  • the date that SSA made the initial determination of fugitive felon suspension and/or administrative appeal determination. (The date will be taken from the notice that SSA sent to the beneficiary notifying him/her of SSA’s initial or administrative review decision. The initial determination or administrative review decision must be made December 6, 2005 or later for relief under Fowlkes to be granted.), and

  • where the beneficiary resided when SSA made the initial or administrative review determination. (The mailing address on the SSA notice of initial or administrative review determination will be used to establish residence for the beneficiary at the point in time SSA made the initial or administrative review determination.), and

  • where the beneficiary is residing now (for a fully favorable relief request). The Master Beneficiary Record (MBR) should reflect the address where the beneficiary is residing.

See GN 02613.810B. for information on the criteria required for granting relief under the Fowlkes AR.

B. Procedure – Beneficiary Resides in Second Circuit

1. Beneficiary Resides in The Second Circuit Connecticut (CT), New York (NY) or Vermont (VT) Effective December 6, 2005 and Later

Use the following factors when evaluating the request for relief under the Fowlkes AR to determine if relief can be granted, either fully favorable relief or partially favorable relief:

  • SSA made the initial determination of fugitive felon suspension and/or administrative review determination December 6, 2005 or later.

  • To determine that the outstanding warrant was for a felony crime, see GN 02613.820A.3. for instructions. To determine the date of SSA’s initial determination or administrative review decision use the date on the beneficiary notice of SSA’s initial determination or administrative review decision that is found on the Online Retrieval System (ORS) system; AND

  • The beneficiary lived in the Second Circuit (i.e., CT, NY or VT) effective December 6, 2005 or later when SSA made the initial fugitive felon suspension determination or administrative review decision.

NOTE: To determine the residence of the beneficiary when SSA made the initial determination or administrative review decision use the address data on the beneficiary notice found on the ORS pertaining to the SSA initial determination or administrative review decision; AND

  • The beneficiary’s address on the MBR reflects the beneficiary is residing in CT, NY, or VT (this item only applies for a fully favorable request for relief under the Fowlkes AR). If the beneficiary does not reside in CT, NY or VT, or in another country, partially favorable relief can only be granted.

Use the ADDRESS line on the MBR to determine the current mailing address of the beneficiary. See the chart for determining if relief can be granted to the beneficiary under the Fowlkes AR.

CAUTION: If the beneficiary alleges residing in CT, NY, VT and the beneficiary’s mailing address contains a PO Box or an “in care of address,” the allegation of residing in CT, NY or VT must be investigated and verified to ensure that SSA can consider granting relief under the Fowlkes AR. See GN 02613.830B.1. step 3, for information on developing for residency verification.

NOTE: See GN 03101.001 for the instructions on the levels of administrative appeal and what is considered a timely appeal under each level of the administrative review appeal process.

2. Making Decision to Grant Relief Under Fowlkes AR

If all of the factors are met in GN 02613.810B.., then relief can be granted (either fully favorable or partially favorable). Grant relief to the beneficiary per the instructions in GN 02613.840C.

If one or more of the criteria are not met as explained in GN 02613.810B., then deny the request for Fowlkes relief per GN 02613.830D.

C. Procedure - Beneficiary Moves Out of The Second Circuit

1. Factors to Consider for Granting Relief Under the Fowlkes AR

Use the following factors when deciding if Fowlkes AR relief can be granted if the beneficiary moves out of the Second Circuit:

  • SSA made the initial determination of fugitive felon suspension and/or administrative review determination December 6, 2005 or later.

To determine that the outstanding warrant was for a felony crime, see GN 02613.820A.3 for instructions. To determine the date of SSA’s initial determination or administrative review decision use the date on the beneficiary notice of SSA’s initial determination or administrative review decision that is found on the ORS system; and

  • The beneficiary lived in the Second Circuit (i.e., CT, NY or VT) effective December 6, 2005 or later when SSA made the initial fugitive felon suspension determination or administrative review decision.

To determine the residence of the beneficiary when SSA made the initial determination or administrative review decision use the address data on the beneficiary notice found on the ORS pertaining to the SSA initial determination or administrative review decision (see GN 02613.810A.5. for residence information); and

  • The beneficiary’s address on the MBR reflects the beneficiary is residing in a State other than CT, NY, or VT or in another country. Use the ADDRESS line on the MBR to determine the current mailing address of the beneficiary.

CAUTION: If the beneficiary alleges residing in CT, NY, VT and the beneficiary’s mailing address contains a PO Box or an “in care of address,” the allegation of residing in CT, NY or VT must be investigated and verified to ensure that SSA can consider granting relief under the Fowlkes AR. See GN 02613.830B.1. step 3, for information on developing for residency verification.

NOTE: See GN 03101.001 for the instructions on the levels of administrative appeal and what is considered a timely appeal under each level of the administrative review appeal process.

2. Making Decision to Grant Relief Under Fowlkes AR—Beneficiary Moves Out of the Second Circuit

a. Moving Out of The Second Circuit After SSA Initial of Administrative Decision is Made

Beneficiary moves out of second circuit after SSA initial determination and/or administrative appeal notification is made. Based on the review of the evidence in GN 02613.850A.2.a. partially favorable relief can be granted if:

  • The beneficiary completed a request for relief as indicated in GN 02613.830B.1., while residing in a State other than CT, NY or VT or in another country; and

  • SSA’s initial fugitive felon suspension or administrative review determination (based on a felony warrant) was made December 6, 2005 or later; and

  • SSA’s initial fugitive felon suspension or administrative review determination was made while the beneficiary was residing in CT, NY, or VT, effective December 6, 2005 or later.

b. Moving Out of the Second Circuit After Making Request for Fowlkes Relief

If the beneficiary moves out of the Second Circuit (i.e., CT, NY, or VT) after:

  • The beneficiary completed a request for relief, SSA evaluated the request for relief under the Fowlkes AR and SSA made a fully favorable determination regarding the request for relief and notified the beneficiary; and

  • SSA’s initial fugitive felon suspension or administrative review determination (based on a felony warrant) was made December 6, 2005 or later, while the beneficiary resided in CT, NY, or VT, then

SSA will only continue to pay monthly benefits based on relief under the Fowlkes AR to the beneficiary through the end of the month before the month the beneficiary moves outside or the Second Circuit. SSA will suspend benefits, if the warrant is still outstanding, effective with the month the beneficiary leaves the Second Circuit.

IMPORTANT: SSA may not discover the change in the beneficiary’s residence outside of the Second Circuit until the beneficiary contacts SSA or SSA learns of the change in residence outside of the Second Circuit by some other intervening event that brings the change of residence from the Second Circuit to SSA’s attention. If benefits must be suspended once again for the outstanding warrant because the beneficiary moved out of the Second Circuit and the case is brought to SSA’s attention for review and/or action, process per GN 02613.850C.3.

c. Moving Out of Second Circuit Before SSA Makes Determination Regarding Request for Fowlkes AR Relief

Beneficiary moves out of Second Circuit (i.e. CT, NY, or VT) before SSA makes the determination regarding the request for relief under the Fowlkes AR. Based on the review of the evidence in GN 02613.850A.2.a., relief can only be partially granted if:

  • The beneficiary completed a request for relief as indicated in GN 02613.830B.1; and

  • SSA’s initial fugitive felon suspension or administrative review determination (based on a felony warrant) was made December 6, 2005 or later while the beneficiary was residing in CT, NY or VT; and

  • SSA’s request for relief determination under the Fowlkes AR was not made while the beneficiary was residing in CT, NY, or VT, effective December 6, 2005 or later.

If the beneficiary moves out of the Second Circuit (i.e., CT, NY, or VT) before SSA makes the Fowlkes AR relief determination, then

SSA can only grant partially favorable relief under the Fowlkes AR. The beneficiary will be paid only for the period of time he/she resided inside of the Second Circuit. Process the request for partially favorable Fowlkes relief per GN 02613.840C.3.

3. Beneficiary Moves Out of Second Circuit After Receiving Fully Favorable Relief Under the Fowlkes AR

Once the beneficiary receives SSA’s determination regarding fully favorable relief under the Fowlkes AR and SSA is then made aware that the beneficiary has moved out of the Second Circuit (i.e., CT, NY or VT), SSA must suspend benefits again for the outstanding warrant effective with the month the beneficiary left the Second Circuit.

a. FO Processing When Reimposing Fugitive Felon Suspension After Favorable Relief Was Granted—Beneficiary Moved Out of the Second Circuit

Cases that require suspension of benefits because the beneficiary moves out of the Second Circuit after Fowlkes AR relief was granted, will be processed by the PC. If the beneficiary was granted Fowlkes AR relief while residing in the Second Circuit and the SSA FO learns that the beneficiary subsequently moved out of the Second Circuit to live in another State or country, benefits must be suspended using MADCAP/MACADE. See the instructions below for processing the fugitive felon suspension.

Steps

Actions

1

Send a Fugitive Felon Exclusion Fax Request to the appropriate PC to notify them of the beneficiary’s move outside of the Second Circuit. Complete the CAN, BOAN, NAME and BIC. Check “OTHER” for Exclusion Category and write in the REMARKS, “PRIORITY – FOWLKES COURT CASE – SUSPEND BENEFITS EFF MM/CCYY—BENE MOVED OUT OF SECOND CIRCUIT.” See a copy of the FF Exclusion Fax Form for Fowlkes Case Processing at GN 02613.855.

2

Developing Representative Payee Suitability -- Check RPS in each case where the beneficiary has self-reported an outstanding felony warrant. Determine if he/she is serving as a representative payee. If so, process per GN 00504.102.

b. PSC Instructions on Reimposing Suspension After Favorable Relief Granted

The PSC will process the suspension after the beneficiary leaves the Second Circuit as using MADCAP/MACADE as indicated below:

StepsActions

1

Add dummy warrant information to the FFSCF database. See MSOM PRISON 006.004 for instructions for establishing warrant information to the FFSCF.

A new fictitious warrant must be added to the FFSCF to allow SSA to reimpose the fugitive felon suspension once the beneficiary moves out of the Second Circuit. In order to suspend the beneficiary once again for the outstanding warrant, a dummy warrant must be added to the FFSCF that contains almost the same warrant information as previously record on the FFSCF. Prepare the dummy warrant as follows:

Establish a new warrant on the FFSCF per MSOM PRISON 006.003.

Use the warrant data already existing on the FFSCF for the felony warrant on which Fowlkes AR relief was granted to populate the new fictitious warrant, except for the warrant date and warrant number.

Establish the dummy warrant on the FFMN screen, add:

  • SSN—SSN of the account on which SSA will suspend benefits

  • WARRANT DATE -- (add in a date equal to the MMDDCCYY that the beneficiary left the Second Circuit—month the beneficiary no longer resided in CT, NY or VT)

  • Originating Agency Indicator (ORI) –use SSA000000 instead of the existing ORI number for the outstanding felony warrant on which the Fowlkes AR relief was granted.

Go to the FFWI screen and add the following:

  • WARRANT NUMBER: use the warrant number on the FFSCF on which Fowlkes AR relief was granted

  • WARRANT ISSUING STATE: place the State code from the warrant on which the Fowlkes AR relief warrant was granted.

  • OIG REFERRAL (Y/N): Enter “N”

Add in any other information from the felony warrant on which the Fowlkes AR relief was granted. The additional warrant information from this warrant can be obtained from the query screen (FFWQ) for this warrant.

Go to the FFWD Screen and add the following:

  • SELECT FUGITIVE FELON STATUS: 1 FELONY CHARGE(S)/OUTSTANING WARRANT

ENTER WARRANT STATUS: 1 = OPEN

2

Annotate the Special Message Field of the MBR, “BIC Xx left 2nd Cir eff MM/DD/CCYY --Fowlkes AR No Longer Applies Reinstate Warrant No. ########, Dated MM/DD/CCYY.”

3

If the report of the change in residence outside of the Second Circuit is a first party report (see GN 02613.940A for information on reports made to SSA) then immediate suspension of Title II benefits for the outstanding warrant can occur if no other information regarding the warrant applies, e.g., the warrant was satisfied, the beneficiary established good cause for not satisfying the warrant, etc. Go to Step 3 for case processing.

If the report of the change in residence outside of the Second Circuit is other than a first party report (see GN 02613.940A for information on reports made to SSA) then continue processing as indicated below:

Advance Notice of Proposed Suspension must be manually prepared for the beneficiary. (See the exhibit of the Advance Notice of Proposed Suspension for reimposing fugitive felon suspension when the beneficiary moves out of the Second Circuit and the warrant has not been satisfied or good cause has not been established by the beneficiary in GN 02613.856C.4.) The T2R Notice cannot produce an advance notice of proposed suspension when SSA000000 is used in the warrant data. When preparing the Advance Notice of Proposed Suspension you will need to modify the contents of the notice slightly. Use the Original Warrant information on the FFSCF that the beneficiary was granted fully favorable Fowlkes AR relief on to complete most of the entries in the Advance Notice, including the warrant number, original warrant date and the correct ORI number for the warrant issuing agency. Use the Fowlkes AR partially favorable relief paragraph and the modified suspension paragraph to add to the Advance Notice of Proposed Suspension. Use the date the beneficiary left the Second Circuit as the date suspension will begin. See NL 00755.200 for additional instructions on creating an Advance Notice of Proposed Suspension. See an exhibit of the Advance Notice of Proposed Suspension to use when reimposing fugitive felon suspension in GN 02613.856C.4

NOTE: See GN 02613.940A for information on advance notice requirements based on how SSA learned of the move of the beneficiary from the Second Circuit.

3

After the due process period has expired, if appropriate, suspend benefits using MACAP/MACADE using the FFEL per MSOM COMMON 005.035. The warrant date for this action should be the date the beneficiary left his/her residence in the Second Circuit, not the original warrant date. See GN 02613.840C.3 for information regarding partially favorable relief determinations and residency.

4

Generate an incomplete notice using MADCAP/MACDE. Include in the notice information regarding the re-suspension of benefits for fugitive felon suspension because the beneficiary left the Second Circuit. See information in GN 02613.840C.3.c. and GN 02613.856D.5. for the notice language to use in the incomplete notice to the beneficiary explaining the re-suspension of Title II beneficiary because the beneficiary moves out of the Second Circuit.

NOTE: The PSC will continue to be responsible for MADCAP/MACADE inputs.

c. PSC Notice Actions on Reimposing Suspension After Favorable Relief Granted

If a person receives Fowlkes relief and subsequently takes up residence in a State outside of the Second Circuit, benefits will be suspended beginning the month residence in another State begins. The following paragraph would be added to the advance notice of proposed suspension and the incomplete generated suspension notice to explain the reason for suspension.

(F1) no longer live in Connecticut, New York, or Vermont beginning (F2), so the Fowlkes Acquiescence Ruling (AR) no longer applies to (F3) case. Based on this AR, when (F4) lived in Connecticut, New York, or Vermont, we paid (F5) benefits even though (F6) had an outstanding warrant for a crime which was a felony. The Fowlkes AR does not apply in the State where (F7) now live.

Fill-ins

Choices

1

You, Beneficiary’s name

2

month/year

3

your, his, her

4

you, beneficiary’s name

5

you, him, her

6

You, he, she

7

You, beneficiary’s name

NOTE: 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).

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.

INFCO1

FUG057 (use the warrant information from the original outstanding warrant on which SSA suspended the beneficiary)

Add in overpayment, reconsideration and appeals language as appropriate.

See GN 0613.856C.5 for an exhibit of the re-suspension notice when the beneficiary moves out of the Second Circuit.

D. Procedure – Beneficiary Moves Into the Second Circuit

1. Factors to Consider When Granting Relief Under the Fowlkes AR

Use the following factors when deciding if Fowlkes AR relief can be granted if the beneficiary moves into the Second circuit:

  • SSA made the initial determination of fugitive felon suspension and/or administrative review determination(s) December 6, 2005 or later.

  • To determine that the outstanding warrant was for a felony crime, see GN 02613.820A.3 for instructions. To determine the date of SSA’s initial determination and any subsequent administrative review decisions, use the date on the beneficiary notice(s) of SSA’s initial determination and/or administrative review decision(s) that are found on the ORS system. Examine all SSA initial and administrative review notices individually to determine if the beneficiary actually resided in CT, NY or VT when SSA made any of its 12/6/05 or later administrative review decisions, AND

  • The beneficiary may not have lived in the Second Circuit (i.e., CT, NY or VT) when SSA made the initial fugitive felon suspension determination or one of the administrative decisions (e.g., reconsideration determination) but the beneficiary timely appealed the latest administrative review decision and subsequently moved into the Second Circuit. SSA will make the next level of administrative review determination while the beneficiary is residing in the Second Circuit, AND

CAUTION: The beneficiary must physically reside in CT, NY, or VT for one full calendar month to establish residency in the second circuit in order for SSA to grant relief under the Fowlkes AR. See GN 02613.830B.1. Step, 3, for developing for one full calendar month residency in CT, NY or VT.

  • To determine the residence of the beneficiary when SSA made the initial determination or any of the administrative review decisions use the address data on the beneficiary notices found on the ORS pertaining to the SSA initial determination and/or administrative review decisions. Also verify that the beneficiary resided in CT, NY or VT for one full calendar month effective 12/6/05 or later., AND

  • The beneficiary’s address on the MBR reflects the beneficiary is now residing in CT, NY, or VT. Use the ADDRESS line on the MBR to determine the current mailing address of the beneficiary.

See the criteria in GN 02613.810B and the chart for determining if relief can be granted to the beneficiary under the Fowlkes AR.

NOTE: See GN 03101.001 for the instructions on the levels of administrative appeal and what is considered a timely appeal under each level of the administrative review appeal process.

2. Making Decision to Grant Relief Under Fowlkes AR—Beneficiary Moves Into the Second Circuit

a. Moving Into the Second Circuit After SSA’s Initial or Administrative Review Determination is Made

The beneficiary moves into the Second Circuit after SSA’s initial determination and/or administrative appeal notification is made. Based on the review of the evidence in GN 02613.850B.1.a, relief can be granted if:

  • The beneficiary completed a request for relief as indicated in GN 02613.830B.1., and

  • SSA’s initial fugitive felon suspension or one of the administrative review determinations (based on a felony warrant) was made December 6, 2005 or later, and

  • SSA’s initial fugitive felon suspension or one of the administrative review determinations was made while the beneficiary was residing in CT, NY, or VT, for one full calendar month effective December 6, 2005 or later.

b. Moving Into the Second Circuit After Requesting Relief Under the Fowlkes AR

The beneficiary moves into the Second Circuit (i.e., CT, NY, or VT) after the beneficiary completed a request for relief (while residing in CT, NY or VT) as indicated in GN 02613.830B.1, relief can be granted if:

  • The beneficiary resided for at least one full calendar month in CT, NY or VT after December 6, 2005 when SSA’s initial fugitive felon suspension or one of the administrative review determinations (based on a felony warrant). The beneficiary moves out of CT, NY or VT for a short time but then the beneficiary returns to reside in CT, NY, or VT and provides proof of one full calendar month of residency in the Second Circuit. If all of the factors in GN 02613.830B.1.a, are met, then SSA can grant relief under the Fowlkes AR based on the criteria in GN 02613.810B. Grant relief to the beneficiary per the instructions in GN 02613.840C.

CAUTION: If the beneficiary alleges living in CT, NY, VT and the beneficiary’s mailing address contains a PO Box or an “in care of address,” the allegation of residing in CT, NY or VT must be investigated and verified to ensure that SSA can consider granting relief under the Fowlkes AR. See GN 02613.830B.1. step 3, for information on developing for residency verification.

  • If one or more of the criteria are not met, then deny the request for Fowlkes relief per GN 02613.830D.

c. Moving Into the Second Circuit After All Administrative Relief Requests Have Expired

The beneficiary moves into the Second Circuit (i.e. CT, NY, or VT) after all administrative relief decisions are made. No further administrative appeals are applicable. Based on the review of