TN 1 (01-05)
SI 00530.020 When May Benefits be Resumed?
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.
An individual whose SSI benefits are suspended because he or she is a fugitive felon or a probation or parole violator may have benefits resumed effective with the first month throughout which the individual does not have an active warrant pending for a crime that is a felony or for a violation of a condition of his or her parole or probation. The SSPA also provides a good cause exception giving SSA the authority to continue paying Titles II/XVI benefits in certain situations.
If the recipient alleges there is no outstanding warrant, or the recipient makes a request for good cause, documentary evidence from the warrant-issuing agency or court must be submitted showing that the warrant was satisfied and the date it was satisfied. (Refer to SI 00530.015 for instructions on developing good cause).
Ineligibility continues until the month after the month the warrant is satisfied unless there is evidence that the warrant was issued in error (e.g., the warrant was issued for the wrong person).
Do not resume payments based on an individual’s allegation that he or she is no longer a fugitive or a parole or probation violator.
Ask the individual to submit documentation from the warrant-issuing agency or court that shows the date the warrant or court order was satisfied. Resume benefits with the month after the month the warrant is satisfied (unless the individual remains ineligible for another reason, e.g., due to imprisonment).
Terms used by courts and law enforcement agencies to describe the disposition of a warrant may not be consistent among states. For purposes of this subchapter, we use the term “satisfied” to indicate that the warrant was issued properly and was in force for a specified period of time before being reconciled.
If there are any questions about if and/or when the warrant or court order was issued or satisfied, contact the warrant-issuing agency or court to determine the correct months of suspension. Also contact the agency that issued the warrant when you are unsure about whether the SSI recipient is the person identified in the warrant or whether the warrant was proper and cleared or issued in error.
If the agency determines that the warrant was issued in error, resume payments (remove N25) effective with the first month that N25 was posted. If the individual alleges that he or she is not the person identified in the warrant and provides evidence indicating a possible case of identity theft and no court order was issued to rectify the situation, refer case to OIG for investigation. Include with your referral all information and documentation available. EVS Codes of "A" Cases - Beneficiary States He/She Does Not Have A Warrant, follow instructions in GN 02613.150.C.1.
1. Prior to January 2005
EXAMPLE : BENEFITS RESUMED AFTER PERIOD OF INELIGIBILITY
In January 2005, a warrant is issued for the arrest of Colonel May for the felony crime of mail fraud. He is apprehended and incarcerated on May 10, 2005. At his trial in July 2005, the felony charges were dropped and Colonel May was released. Benefits are payable for January 2005 through April 2005 because of the mandatory good cause provision. However, benefits are not payable for June 2005 through July 2005 (N22). Payment for July 2005 would be prorated based on the release date.
2. After January 2005
a. Example 1: benefits resumed after period of ineligibility
In January 2005, a warrant is issued for the arrest of Colonel May for the felony crime of mail fraud. He is apprehended and incarcerated on May 10, 2005. At his trial in July 2005, the felony charges were dropped and Colonel May was released. Benefits are payable for January 2005 through April 2005 because of the mandatory good cause provision. However, benefits are not payable for May 2005 through June 2005 (N22).
b. Example 2: warrant issued in error
Upon receiving notice of ineligibility from SSA, Colonel Mayo (from Example 1) discovered, through contact with the warrant-issuing agency, that he was not the wanted person. SSA verified with the law enforcement agency that the physical description of the wanted person did not fit Colonel Mayo. There are no months of ineligibility in this case and all withheld payments are released.