TN 1 (01-05)
SI 00530.410 Can I Use Information From a Law Enforcement Officer to Suspend or Deny Payments?
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.
The information a law enforcement officer provides with their request for assistance in locating an SSI recipient may lead to the identification of an SSI claimant or recipient as being a person who is a fugitive felon or a parole or probation violator. While a request from LE must be in writing for SSA to provide information to LE, a verbal request may be used as a lead to develop a possible FF suspension action.
Do not contact the SSI claimant or recipient to verify third party reports that an individual is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime that is a felony, or is a probation or parole violator.
B. Procedure – documenting fugitive status
When a law enforcement officer contacts SSA for information about a claimant or recipient identified by the officer as a fugitive or a parole or probation violator, search SSA records to determine whether the individual being sought or reported is an SSI claimant or recipient.
If the individual is an SSI claimant or recipient, request corroborating evidence (i.e. warrant, court order or other court decision).from the law enforcement officer. If he or she does not have corroborating evidence, ask for the name and address of the agency that has jurisdiction and holds the records or information needed for verification.
Examine the legal documents provided by the law enforcement agency to verify that the individual is a fugitive felon or a parole or probation violator, as defined in SI 00530.001. Examples of acceptable evidence are:
Court order or decision, or other document issued by a court;
Copy of an arrest warrant or order; or
Copy of the decision of a court, parole board, or other appropriate agency that finds that the claimant or recipient has violated a condition of probation or parole.
If the individual is a fugitive felon or parole or probation violator, reflect applicable months of ineligibility on MSSICS and issue a manual notice. (See SI 00530.430 for processing instructions.) Retain a copy of the evidence in the file.