TN 1 (01-05)
SI 00530.270 How Do I Process an OIG Referral With an SSI Claim Pending?
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
You will use these instructions when you receive an OIG OI-5D for a case that is not yet in pay status. Cases in payment status codes H10 – H80 and blank are eligible for selection in the computer matching process. It is, therefore, possible to receive a fugitive referral for an individual who has not yet received an SSI payment.
B. Procedure - general
Review all information provided by OIG and, if applicable, withhold SSI benefits effective with the first day of whichever of the following months is earlier:
The month in which the warrant, court order or decision, or order or decision by an appropriate agency (e.g. parole board) is issued which finds that the individual is wanted for prosecution, or custody or confinement after conviction for 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 on the warrant, court order or decision.
For MSSICS cases, post fugitive information on the fugitive screens and record the denial on the DADJ screen and close the event (MSOM MSSICS 025.003 ).
For non-MSSICS cases, transmit DS N25 via PR9 on a SSA-450-SI.
If the individual is eligible for some past months but is currently ineligible due to his/her status as a fugitive felon or parole/probation violator, follow the instructions in MSOM to record N25 and the effective month using CPAY. Follow the instructions in SM 01005.476 for non-MSSICS cases.
If the case is pending in the DDS, call the DDS to relay available information about the applicant's fugitive status, including months of ineligibility. Only recall folder from DDS when no SSI eligibility is possible.
Annotate appropriate Remarks on SSR, depending on the information provided on the OIG OI-5D. (See SI 00530.240 – SI 00530.260.)
Prepare a Notice of Disapproved Claim (SSA-L8030-U2) using the notice language available in DOCS when there are no SSI eligibility months. Include good cause language in this notice (SI 00530.015).