The rules of administrative finality in SI 04070.001 through SI 04070.080 apply to fugitive felon and parole/probation determinations. This is true regardless
of the source of the information. These rules stipulate that an earlier determination
that is more than 2 years in the past may not be reopened unless fraud or similar
fault is found. Determinations may be reopened within 2 years if there is good cause
to reopen, e.g., there is new and material evidence. (See SI 04070.010 for the administrative finality rules for reopening.)Verification of a warrant will
constitute “new and material evidence” when received if the file contains no indication
that we had ever received warrant information or known of it in the past. In the absence
of good cause to reopen and revise, only those determinations made within the past
1 year may be reopened and revised. Since fugitive questions were not included in
the application or redetermination process before October 23, 2000, fraud or similar
fault may only be found when:
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An SSI recipient completed an SSI application or redetermination on or after October
23, 2000 (i.e., completed an application that included fugitive questions); or
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An SSI recipient received a notice of ineligibility on or after August 22, 1996 on
the basis of their status as a fugitive felon or parole/probation violator; or
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A notice of overpayment of SSI benefits was issued on or after August 22, 1996 and
the reason for the overpayment was their status as a fugitive felon or a parole or
probation violator; or
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There is other documentation that the individual was advised of this eligibility requirement
on or after August 22, 1996 and the recipient agreed in writing to report to SSA that
they were fleeing or in violation or parole or probation.
If fraud or similar fault is found, i.e., the individual has knowledge of the fugitive
provisions, SSA has unlimited “prior determination” reopening back to the effective
date of the legislation, August 1996. Do not reopen determinations prior to August 1996.