TN 1 (01-05)
SI 00530.160 What If an Individual Reports Fleeing From a Crime Committed in a Foreign Country?
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 who has an outstanding felony warrant to avoid confinement after conviction for a crime committed in another country is not eligible to receive an SSI benefit for any month in which there is an active warrant for a felony level crime recognized by United States law enforcement. SSA will rely on information received from the International Criminal Police Organization and/or the National Crime Information Center through OIG when making an eligibility determination about whether an individual is a fugitive felon from a foreign country. SSA will provide additional identifying information about the individual so OIG can process the request.
Use these procedures when an SSI applicant or recipient admits to fleeing from a crime committed in a foreign country.
Enter “?” in the “Date Warrant Issued” and “Date Fled” fields on the AWRF screen. (Even if the individual knows this information, OIG must confirm it before a suspension action can be taken.)
Enter a remark to fit the case situation in the Statement of Person Remarks. EXAMPLE: I AM WANTED IN BRAZIL ON DRUG RELATED CHARGES.
If the report is received in connection with an application for benefits, place the applicant in payment status H70 and enter in ALEF Remarks, “INDIV REPTS FOREIGN WARRANT – REFERRED TO OIG.” Prepare the SSI application folder and send the case to DDS for a medical decision.
If the report is received postadjudicatively, continue payments pending the outcome of OIG’s investigation.
Refer the case by e-mail through your management chain to your Regional Fugitive Felon Coordinator. Include the information shown in Exhibit 4 that can be copied and used for this purpose.
Use the information from the Numident record to provide the individual’s father’s name, mother’s name, and place of birth.
Your Regional Fugitive Felon Coordinator will forward the request to the appropriate OIG office. OIG will work with the International Criminal Police Organization and/or the National Crime Information Center to determine whether there is an active warrant recognized by United States law enforcement and whether the foreign crime is a felony.
If OIG’s response indicates that United States law enforcement does not recognize the foreign warrant, change the answer to the question “Are you accused or convicted of 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 warrant is issued?” to “N” and document ALEF Remarks accordingly.
If OIG's response indicates that United States law enforcement recognizes the foreign warrant as a felony level crime, use the information provided by OIG to complete the “Date Warrant Issued” or “Date Fled” field of the AWRF screen and update ALEF Remarks. MSSICS uses this information to determine applicable months to post N25 (ineligibility due to fugitive status).