TN 1 (01-05)

SI 00530.140 In First Party Reports, What are the Procedures for Determining Whether an Individual is a Fugitive Felon?

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

1. MSSICS questions

Ask each applicant or recipient both of the following questions:

  • Have you 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?

  • Are you currently subject to a condition of parole or probation under Federal or State law?

2. No felony or parole/probation alleged

If the individual responds “No” to both questions, document the answers to those questions on the MSSICS ALEF screen. No further action is necessary, absent evidence to the contrary.

3. Felony alleged

If the individual states that they have 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 obtain the following information and document on the ALEF screen:

  • The State or country where the crime occurred; and

  • Whether the individual has resolved an outstanding warrant to avoid either prosecution or custody or confinement after conviction.

REMINDER: SSA considers an individual to be a fugitive felon for SSI eligibility purposes as long as a U.S. warrant or court order is active. See SI 00530.030 for further information about warrants.

If the individual has an outstanding warrant for a crime committed in the United States, ask him or her for information about the warrant or court order. Document the following information, as necessary, on the AWRF screen:

  • Date warrant (or other document issued by an appropriate agency) issued.

  • Date violated parole or probation (if different from the date of the warrant).

  • Date warrant (or other document issued by an appropriate agency) rescinded, withdrawn, or otherwise rendered ineffective ( i.e. warrant was issued erroneously or for the wrong person).

  • Date warrant (or other document issued by an appropriate agency) satisfied, if applicable (i.e., warrant was valid from the date it was issued until the date it was cleared).

  • The name and phone number of the agency that can verify warrant information in screen Remarks.

See SI 00530.160 for the procedure to follow if the individual is a fugitive felon for a crime committed in a foreign country.

4. Parole or probation violation alleged

If the individual admits to being subject to a condition of parole or probation under Federal or State law, determine and document on the ALEF screen:

  • The State or Federal agency that set the conditions of the probation or parole; and

  • Whether the individual violated a condition of his or her parole or probation.

If the individual is violating a condition of his or her parole or probation, document the following warrant information, as necessary, on the AWRP screen:

  • Date warrant (or other document) issued.

  • Date violated parole or probation (if earlier than the date of the warrant).

  • Date warrant (or other document) rescinded, withdrawn or otherwise rendered ineffective (i.e., warrant was issued erroneously or for the wrong person).

  • Date warrant (or other document) satisfied, if applicable (i.e. warrant was valid from the date it was issued until the date it was cleared).

5. Paper applications

Effective August 2004 the SSI application was updated to include fugitive questions.

6. Fugitive suspension

MSSICS uses the data input in the “Date Warrant Issued,” “Date Fled,” or “Date Violated Parole or Probation” fields on the AWRF and AWRP screens to automatically post PS N25 (suspension for fugitive status). Remember to consider the rules of administrative finality in SI 00530.500 and SI 00530.510 when entering data in these fields to avoid posting PS N25 for months protected under these rules. (Refer to MSOM MSSICS 008.023 and MSOM MSSICS 008.024 ).

Include the name and telephone number of the warrant issuing agency that can verify the warrant information in the Remarks segment of the screen.

REMINDER: The information included in the screen Remarks segment will not post to the SSR. To post Remarks on the SSR, select the CRMK screen from the clearance menu.

7. MSSICS notice

For first party reports, the system generates an automated denial notice or Notice of Planned Action based on the data input in MSSICS on the Felony Warrant (AWRF) or Parole or Probation Violation Warrant (AWRP) screens.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500530140
SI 00530.140 - In First Party Reports, What are the Procedures for Determining Whether an Individual is a Fugitive Felon? - 06/06/2013
Batch run: 06/06/2013
Rev:06/06/2013