TN 3 (11-05)
GN 02613.940 Fugitive Felon Advance Notice Requirements
NOTE: On April 1, 2009, SSA changed its policy of not paying fleeing felons. Follow the instructions below only for felony warrants with offense codes 4901, 4902, or 4999. Follow the Martinez settlement instructions in GN 02613.860 – GN 02613.885 for all other felony warrant codes.
On May 9, 2011, SSA changed its policy and no longer suspends or denies benefits or payments based solely on a probation or parole violation warrant (i.e., warrants with offense codes 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation”). Follow the Clark Court Order instructions in GN 02615.100 – GN 02615.190 for all probation or parole violation warrants.
We will make additional changes to this section, as necessary, in the future.
A. Procedure – fugitive felon advance notice of proposed suspension
The source of the information determines the type of notice needed for each proposed suspension of his/her Title II benefits.
TYPE OF REPORT
SOURCE OF REPORT
ADVANCE NOTIFICATION REQUIREMENTS
First Party Reports
First Party Reports
A claimant awaiting a final determination on his/her application
An authorized representative
Another person acting on behalf of the beneficiary or claimant at their request
PUPS record Reflects Reporter ID code of “SELF”
Advance notification is not required. Immediate suspension applies.
Send suspension and overpayment notice with recon and appeal language to beneficiary’s address on the MBR.
Third Party Conventional Reports (Non-computer generated reports)
Newspaper articles, reports from neighbors, relatives, etc. or warrant information directly provided to SSA offices from law enforcement officials or probation/parole agencies or staff that do not have formal reporting agreements with SSA.
Give advance notice and allow 10 days + 5 mailing days.
Send advance notice to the beneficiary’s address on the MBR.
Third Party Computer Generated Reports
Fugitive Felon Alerts/Records Paper Listings from law enforcement agencies that have a formal reporting agreement with SSA.
Fugitive Felon record/alert reflects Reporter ID code of all numeric digits or alphanumeric digits (e.g. “1111” or “3MDF,” etc.)
OIG field generated Fugitive Felon case opened by OIG agents outside the regular computer matching operation.
Give advance notice and allow 30 days + 5 mailing days.
Send advance notice to beneficiary’s mailing address on the MBR.
B. Procedure — notification for closed periods of suspension
Fugitive felon or parole or probation violator advance notice of proposed suspension is not required for periods of suspension where the beneficiary is:
not in current pay status because of a suspension;
in terminated payment status; or
in deferred payment status.
In addition, advance notice of proposed suspension is not necessary for a beneficiary who has a closed period of fugitive felon or parole or probation violation suspension but who is now in current payment status.
C. Procedure — preparation of advance notice of proposed suspension – post-adjudicative
See NL 00755.200 for the instructions for preparing the Fugitive Felon Advance Notice of Proposed Suspension Action – Post-adjudicative.