The complexities of criminal law that dictate whether or not an individual meets the
definition of fugitive felon or parole or probation violator are sometimes unclear
and can vary from state to state. For this reason, SSA relies on the expertise of
law enforcement agencies and courts for determinations about an individual’s legal
status. As long as a United States warrant or court order is active, SSA considers
an individual to be a “fugitive felon” for SSI eligibility determination purposes.
This is true even if the law enforcement agency is unwilling to extradite, although
this unwillingness to extradite may be a factor in SSA’s good cause determination.
In an OIG referral case, the special agent responsible for the case will confirm the
warrant information with the appropriate law enforcement agency and supply this information
to the FO. An OIG referral case that includes the warrant number and the name, address,
and phone number of the warrant issuing agency, is evidence of fugitive status.
If an individual’s status as a fugitive felon is reported to the FO by a local law
enforcement agency or another third party, the law enforcement agency responsible
for the warrant will confirm that the individual is still being sought. Although the
warrant may not specifically state that the individual is a fugitive, SSA still considers
the individual to meet the ineligibility criteria of the fugitive felon provisions
until the warrant is resolved.
Some terms used by courts and law enforcement agencies to describe actions taken to
dispose of a warrant have different meanings in different jurisdictions, e.g., rescinded,
recalled, vacated, quashed. We must contact the agency responsible for the warrant
to determine the effect on an SSI recipient’s eligibility when we do not know the
meaning of a term used to describe the disposition of a warrant. SSI ineligibility
applies for all months from the date a valid warrant is issued through the month in
which the warrant is satisfied unless good cause is established.