TN 1 (01-05)
SI 00530.005 How Do We Identify SSI Recipients Who are Fugitives or Probation or Parole Violators?
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.
Information regarding an SSI recipient's fugitive status or probation/parole violations may come from a first party report, a report from the Office of the Inspector General (OIG) or from a third party report. The development necessary for a case is determined by the source of the report.
1. First party reports
An applicant for SSI benefits or an SSI recipient or representative payee may report fugitive status during the application process or redetermination interview. He or she may also make a voluntary report at any time by other acceptable methods of reporting. (See SI 02301.010 for procedures on handling SSI reports.)
Before October 23, 2000, SSI applications and redetermination forms did not include fugitive status questions or reporting requirements. Prior to this date, all information leading to the identification of an SSI recipient’s fugitive status came from OIG or directly from law enforcement officials. (See SI 00530.110 for developing first party reports for initial claims; SI 00530.120 for redeterminations; and SI 00530.130 for other first party reports.)
2. Report from the Office of the Inspector General (OIG)
Reports from the OIG are the most common source of fugitive information. Federal, State, and local law enforcement agencies provide SSA with warrant information from their records to match against the SSR. OIG reviews the matched data to resolve identity issues, ensure that the warrant is for a crime that is a felony or for attempting to commit a crime that is a felony a probation or parole violation, and provides the law enforcement agency with information that may aid in the apprehension of the individual. OIG allows the law enforcement agency 60 days to complete their actions, at which time they send an OI-5D (Investigative Summary Report) through the Fugitive Felon Automated Processing (FFAP) System for each case.
(See SI 00530.200 – SI 00530.270 for instructions on fugitive referrals from OIG.)
3. Third party reports
A Federal, State, or local law enforcement agency or a non-law enforcement reporter may contact a FO directly to report an individual’s fugitive status.
(See SI 00530.400 – SI 00530.430 for instructions on third party reports of fugitive status.)