TN 1 (01-05)
SI 00530.240 Individual Identified and Taken into Custody
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. When to use
Use these instructions along with the instructions in SI 00530.230 when the OIG OI-5D indicates that the SSI recipient was positively identified as the wanted individual and that the individual was located and taken into custody. Usually the presence of a sentence date on the OI-5D indicates that the individual has been taken into custody. OIG will provide warrant information, as well as name, address and phone number of the facility or custodian responsible for the arrested individual.
Review all information provided by OIG, determine whether good cause exists per SI00530.015,and, if applicable, suspend SSI benefits effective with the first day of whichever of the following months is earlier (subject to the rules of administrative finality):
The month in which the warrant is issued, or in which the court order or decision, or order or decision by an appropriate agency in the United States (e.g., parole board) is issued which finds that the individual is wanted in connection with a crime that is a felony, or is violating (or violated) a condition of his/her parole or probation, or
The first month during which the individual fled to avoid such prosecution, custody or conviction, or violated a condition of parole or probation, if indicated in such warrant, court order or decision.
Use payment status code N25 for the period in which the individual was a fugitive or parole/probation violator. Use payment status code N02 (inmate of a public institution) or N22 (inmate of a penal institution) effective the first full month of institutionalization or incarceration. See processing instructions in GN 02607.705 if the individual will be incarcerated (N22) and also suspended as a fugitive or parole/probation violator (N25).
Do not overlay a period already suspended due to institutionalization or incarceration (N02/N22) with payment status code N25. Post PS N25 only for the retroactive period that the individual was a fugitive before incarceration or institutionalization.
Annotate appropriate Remarks on SSR unless the arrest warrant is satisfied and the individual is no longer in custody. For example, RECIPIENT IS A FUGITIVE FELON IN CUSTODY—DO NOT REINSTATE BENEFITS WITHOUT PROOF OF RELEASE FROM PRISON.
Per the instructions in SI 00530.017, prepare a Notice of Planned Action (SSA-L8155-U2) using the appropriate DOCS notice. If you are simultaneously posting PS N22, do not suppress the automated systems notice that covers the period of N22 suspension. Prepare a manual notice for the closed period the individual was a fugitive or parole/probation violator. NOTE: A manual notice must be prepared – the system will not issue a notice for the N25 period.
See GN 02613.000 for instructions regarding nonpayment for Title 2 prisoners and certain other inmates if the individual also receives Title 2 benefits. REMINDER: The fugitive felon provisions do not apply to Title 2 benefits prior to January 1, 2005.
NOTE: If the individual did not answer fugitive questions on an SSI application or redetermination (forms taken before October 23, 2000), the rules of administrative finality should be taken into consideration (See SI 00530.500 through SI 00530.510).
1. Example 1: individual fleeing to avoid confinement after conviction for a felony and incarcerated-administrative finality involved
Mr. Blue applied for, and was awarded, SSI benefits in January 1996. He has never been selected for redetermination. The OIG OI-5D shows that Mr. Blue has a felony conviction and a warrant was issued on June 29, 1997 for his arrest. A computer match identified the warrant in September 2001. On September 22, 2001 Mr. Blue was taken into custody and incarcerated. The FO receives the OIG referral on October 10, 2001.
Payments are suspended, payment status code N25 for October 1999 through September 2001, and payment status code N22 beginning October 2001.
Explanation: SSA first identified Mr. Blue as a fugitive felon in the September 2001 computer match. Since he was never notified about the fugitive provisions of the law, fraud or similar fault is not found, and the rules of administrative finality will only allow benefits to be suspended a maximum of 2 years in the past.
2. Example 2: individual fleeing to avoid prosecution; apprehended and held pending bail hearing
Miss Redd missed a trial date for prosecution of a felony. OIG’s OI-5D shows that a warrant for Miss Redd’s arrest was issued on January 25, 2002. She is apprehended by the police on September 30, 2002 and held in the county jail pending a bail hearing. On October 4, 2002, a judge allows her to be released on bail.
Payment status code N25 is input for the period from January 2002 through September 2002. Payments resume in October 2002.
Explanation: Miss Redd’s warrant is no longer active as of the date she is apprehended, therefore, N25 no longer applies beginning October 2002. If she had remained incarcerated, payment status code N22 would have been applicable beginning October 2002. However, since she was released on bail, payments resume in October 2002.