TN 1 (01-05)
SI 00530.120 SSI Redeterminations
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.
Questions about an SSI recipient’s fugitive status are included in all redeterminations initiated on or after October 23, 2000 that are conducted by face-to-face interview, telephone, and mail. During the redetermination interview, a recipient must answer questions about whether or not he or she has been accused or convicted of a crime, or an attempt to commit a crime, which is a felony, or in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed under the laws of the place from which the person flees. Also beginning on October 23, 2000, each recipient responding to a redetermination interview must answer questions about whether or not he or she is subject to a condition of parole or probation under Federal or State law. The questions will apply to the entire redetermination review period. If one of these questions is answered “yes,” more information is required. (See SI 00530.140A.3. and SI 00530.140A.4.)
EXCEPTION: This requirement does not apply to low-error profile (LEP) redeterminations processed in the Wilkes-Barre, PA data operations center (DOC). However, if a DOC-initiated LEP redetermination is transferred to a FO for development, fugitive questions must be documented on the revised SSA-8202 (refer to SI 02305.802) or revised SSA-8203 (refer to SI 02305.807).