TN 1 (08-05)

NL 00755.150 Fugitive Felon/Probation or Parole Violator Award and Fugitive Felon/Probation or Parole Violator Suspension (Good Cause Development 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 through GN 02613.885 for all other felony warrant codes.

On March 18, 2011, upon remand from the Second Circuit, the District Court for the Southern District of New York certified a nationwide class in Clark v. Astrue that includes all individuals whose benefits or payments we suspended or denied after October 29, 2006. Given the pending litigation, including continuing litigation about the class certification, at this time we are not suspending or denying payments based solely on a report of a probation or parole violation warrant. Follow the instructions in EM-11032, dated May 9, 2011 for processing cases with probation or parole violation warrants with offense codes: 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation.”

We will make additional changes to this section, as necessary, in the future.

A. Procedure - Fugitive Felon Initial Award and Fugitive Felon Suspension Notice (Good Cause Development Pending)

When a claimant files a Title II application (RSDI) with SSA and he/she has an unsatisfied felony warrant or a warrant for a violation of Federal or State probation or parole and he/she cannot establish good cause for not satisfying the outstanding warrant at the time of the application for Title II benefits, SSA will suspend the Title II benefits to this beneficiary effective with the date of entitlement to Title II benefits, or effective with the date the warrant was issued, or effective with 1/2005, choose whichever date is later. If the beneficiary cannot establish good cause for not satisfying his/her warrant or the beneficiary does not know if his/her warrant has been dismissed or withdrawn due to identity fraud, benefits will be suspended effective with the date of entitlement to Title II benefits (or 1/2005, choose whichever date is later). Benefits will remain suspended until the date the beneficiary provides SSA proof that he/she satisfied his/her outstanding warrant or he/she provides evidence that the warrant was cancelled, or he/she can provide SSA with evidence to establish good cause for not satisfying his/her outstanding warrant. (See GN 02613.025 for the fugitive felon and probation and parole violator good cause provisions.)

Nonpayment of benefits to a Title II beneficiary for the fugitive felon suspension provisions is not an entitlement prohibition; it is a nonpayment issue. Therefore, the beneficiary will be entitled to Title II Social Security benefits (e.g., Retirement, Survivors, Disability, or Medicare coverage (if applicable), etc.) but he/she will not be allowed to receive monthly Title II payments until the outstanding warrant is satisfied.

SSA must send the beneficiary an initial award notice informing him/her of his/her entitlement to Title II Social Security benefits, and SSA must also notify the beneficiary that he/she will not be paid monthly Social Security payments unless he/she can provide SSA with evidence of good cause for not satisfying the outstanding warrant or that the warrant was satisfied and the date.

B. Initial Award Plus Fugitive Felon Suspension Notice (Good Cause Development Pending)

1. Computer generated award notice

For information on the award notice, see NL 00601.008B.1.

2. Paragraphs to use on the award notice for general entitlement

The initial award notice will include paragraphs and information contained in NL 00601.010 for general title II entitlement factors.

3. Fugitive felon or probation or parole violator paragraphs to add on the award when good cause is pending

For the paragraphs to use on the initial award plus fugitive felon suspension notice (pending good cause development), see NL 00755.150C.

C. Exhibit - Fugitive Felon/Probation or Parole Violator Paragraphs

1. Mandatory Fugitive Felon Paragraphs to Be Included in the Initial Partial Award and Fugitive Felon/Probation or Parole Violator Suspension Notice

The following paragraphs and captions listed in the chart below must be included in the Fugitive Felon Initial Award and Suspension Notice to the beneficiary:

NOTE: See NL 00755.150D for a sample of an initial award and fugitive felon/probation or parole violator suspension notice (good cause development pending) for DOC preparation and NL 00755.150E for a sample of an initial award and fugitive felon/probation or parole violator suspension notice (good cause development pending) for AURORA preparation.

a. Initial Award Paragraphs for Use on DPS (FO Notice Preparation)

UTI# for DPSFugitive Felon/Probation or Parole Violator Paragraphs

FUG049

Initial Award payment paragraph plus fugitive felon/probation or parole violator suspension paragraph. See NL 00755.900A.1.a. for language for this paragraph.

FUG507

Good Cause Development Pending paragraph. See NL 00755.900A.1.b. for the language contained in this paragraph.

FUG056

Fugitive Felon/Probation or Parole Violator background paragraph. See NL 00755.900A.1.for language for this paragraph.

INFC01

Introductory caption for the warrant information and warrant agency information. See NL 00755.900A.1.a. for language for this paragraph.

FUG029

Warrant information and warrant agency information paragraph. See NL 00755.900A.1.a. for language for this paragraph.

b. Initial Award Paragraphs to Use on AURORA (PC/OCO-ODO Notice Preparation)

UTI# for AURORAFugitive Felon/Probation or Parole Violator Paragraphs

WCP034

Initial Award payment paragraph plus fugitive felon/probation Fugitive Felon/Probation or Parole Violator provisional background paragraph and fugitive felon or probation or parole violator suspension paragraph. See the language for this paragraph in NL 00755.900A.1.a.

FUG507

Good Cause Development Pending paragraph. See NL 00755.900A.1.b. for the language contained in this paragraph.

FUG056

Fugitive Felon/Probation or Parole Violator provisional background paragraph. See NL 00755.900A.1.a. for language for this paragraph.

FUG050

Fugitive Felon/Probation or Parole Violator suspension paragraph. See NL 00755.900A.1.a. for language for this paragraph.

INFC01

Introductory caption for the warrant information and warrant agency information. See NL 00755.900A.1.for language for this paragraph.

FUG029

Warrant information and warrant agency information paragraph. See NL 00755.900A.1.a. for language for this paragraph.

2. Other Fugitive Felon Paragraphs and Captions that Can Be Used In the Notice

a. Good Cause Paragraphs for Use on DPS (FO Notice Preparation) and AURORA (PC/OCO-ODO Notice Preparation)

UTI# for DPS and AURORAFugitive Felon/Probation or Parole Violator Paragraphs

PAYC27

Introductory caption for mandatory good cause paragraph for an initial award notice. See NL 00755.900A.1.a. for language for this paragraph.

FUG030

Initial award mandatory good cause paragraph See NL 00755.900A.1.a. for language for this paragraph.

FUG031

Initial award discretionary good cause paragraph. See NL 00755.900A.1.a. for language for this paragraph.

b. Miscellaneous Fugitive Felon Captions and Paragraphs for Use on DPS (FO Notice Preparation) for the Initial Award Plus Suspension Notice (Good Cause Development Pending)

UTI # for DPSFugitive Felon/Probation or Parole Violator Paragraphs

INFC08

Introductory caption to use when providing additional information to the beneficiary other than fugitive felon or probation or parole violator information, e.g., auxiliaries on claim that will not be effected by the fugitive felon provisions, etc. See NL 00755.900A.2. for language for this caption.

PRI023

Use this paragraph if the claimant is the wage earner and fugitive felon or probation or parole violator subject to suspension and there are auxiliaries also being entitled on the record.

See NL 00755.900A.2. for language for this paragraph.

NOTE: The notice should include a general close-out and referral paragraph and the appropriate signature for the notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., Medicare paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.

c. Miscellaneous Fugitive Felon Captions and Paragraphs for Use on AURORA (PC/OCO-ODO Notice Preparation) for the Initial Award Plus Suspension Notice (Good Cause Development Pending)

UTI for AURORAFugitive Felon/Probation or Parole Violator Paragraphs

INFC08

Introductory caption to use when providing additional information to the beneficiary other than fugitive felon or probation or parole violator information, e.g., auxiliaries on claim that will not be suspended for the fugitive felon provisions, etc. See NL 00755.900A.2. for language for this caption.

CLO022

Use this paragraph if the claimant is the wage earner and fugitive felon or probation or parole violator subject to suspension and there are auxiliaries also being entitled on the record.

See NL 00755.900A.2. language for this paragraph.

NOTE: The notice should include a general close-out, referral paragraph and the appropriate signature for the notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., Medicare paragraphs, etc. See NL 00601.003 for name and signature requirements on notices

3. Paragraphs and Captions that Should Be Included on an Initial Award Plus Fugitive Felon Suspension Notice (Good Cause Development Pending)

FO Notice Preparation

DPS Paragraphs and Captions to Include on Initial Award Plus Fugitive Felon Suspension Notice (Good Cause Development Pending)

PC/OCO-ODO Notice Preparation

AURORA Paragraphs and Captions to Include on Initial Award Plus Fugitive Felon Suspension Notice (Good Cause Development Pending)

The following DPS paragraphs and captions should be included on the notice for fugitive felon suspensions:

SSAH02

FUG504

PAYC01

FUG049

FUG507

BENC08

FUG056

INFC01

FUG029

PAYC27

FUG030

FUG031

CLOC01

PRI023

ALSC04

FUG020

ALSC09

REP002

REFC01

REF031

Enclosure(s):

Pub 05-10077

NOTE: The notice requires all the initial award information explained in NL 00601.010. In addition, specific payment, benefit and other important information mentioned in NL 00601.010B. is also required to complete the initial award notice and inform the beneficiary of his/her own specific award situation. See NL 00601.003 for name and signature requirements on notices.

The following AURORA paragraphs and captions should be included on the notice for fugitive felon suspensions:

SSAH02

WCP034

FUG504

PAYC01

FUG056

FUG050

INFC01

FUG029

PAYC27

FUG030

FUG031

OPTIONAL PARAGRAPHS AND CAPTIONS

(Include the following paragraph and caption on the initial award notice for the number holder and auxiliaries are also on the record.)

INFC08

CLO022

NOTE: The notice requires all the initial award information explained in NL 00601.010. In addition, specific payment, benefit and other important information mentioned in NL 00601.010B. is also required to complete the initial award notice and inform the beneficiary of his/her own specific award situation. See NL 00601.003 for name and signature requirements on notices.

NOTE: If the individual is blind or visually impaired, see instructions at NL 01001.010 for more information on the special blind or visually impaired notice options.

D. Exhibit - Initial Award Plus Suspension (Good Cause Development Pending)

Social Security Administration

Retirement, Survivors, and Disability Insurance

Notice of Award

                                                                            Date:

                                                                            Claim Number: XXX-XXX-XXXXA

                

JOHN G. BENEFICIARY

101 MAIN STREET

ANYTOWN, ST 00001

You are entitled to receive monthly retirement benefits beginning 01/2005.

What We Will Pay And When

  • Your monthly benefit is $1150.00 beginning 01/2005.

  • We cannot pay you now because you have an outstanding arrest warrant for a felony crime.

You have told us that there is a good cause for not satisfying the outstanding warrant but we need information from you to prove this. Once you submit the information necessary for us to decide if you have shown good cause for not satisfying the outstanding warrant, we will send you another letter to let you know if we can start paying you social security benefits.

Information About Your Benefits

Beginning January 2005, the law prohibits us from paying Social Security benefits to individuals who have an outstanding arrest warrant for a felony crime (or, in jurisdictions that do not define crimes as felonies, a crime that is punishable by death or imprisonment for a term exceeding 1 year), or who have violated a condition of probation or parole under Federal or State law. We have information that you fall into one of these categories.

The Information We Have

Our records show that the XYZ Sheriffs Dept., 123 Cypress Lane, New York, NY 12345, PHONE: 800-923-4567, issued a warrant for your arrest for a violent crime on 1/5/2005.

The warrant information we have is:

Warrant number: NY123456

Originating case number: 2345678

National Crime Information Center number: 3456789

Social Security cannot provide further information about the warrant. Please contact the XYZ Sheriffs Dept. directly.

How Your Benefits Can Be Paid

We will pay you if you contact us at any time and can show us that any of the following apply:

  • The warrant was issued incorrectly in your name because someone stole your identity. To prove this, submit a copy of the police report that you filed as a victim of identity theft or another official document from the court or the warrant issuing agency stating that the warrant was erroneously issued in your name.

  • You were found not guilty of the criminal offense. To prove this, submit a copy of the court docket indicating you were found not guilty of the criminal charges or a copy of the court decision showing that you were found not guilty of the criminal charges.

  • The underlying charges relating to the criminal offense were dismissed. To prove this, submit a copy of the court docket indicating charges were dismissed or another official court or law enforcement agency document stating that it dismissed the criminal charges.

  • The warrant for your arrest for the criminal offense was withdrawn. To prove this, submit a copy of the court docket or another official document from the issuing agency, indicating the warrant in question was withdrawn.

  • You were otherwise cleared of the criminal offense. To prove this, submit a copy of the court docket or other court document indicating you were cleared of the criminal charges.

If none of the above applies, we also may pay you benefits if you contact us within 12 months from the date of this letter and can show us that:

  • The crime for which the warrant was issued or the probation or parole violation was both nonviolent and not drug related and, if a probation or parole violation is involved, the original crime(s) for which you were paroled or put on probation was both nonviolent and not drug related.

And

  • You have neither been convicted of nor pled guilty to another felony crime since the date of the warrant.

And

  • The law enforcement agency that issued the warrant reports that it will not extradite you for the charges on the warrant or that it will not take action on the warrant for your arrest.

Or

  • The crime for which the warrant was issued is based on or the probation or parole violation was both nonviolent and not drug related and, if a probation or parole violation is involved, the original crime(s) for which you were paroled or put on probation was both nonviolent and not drug related.

And

  • You have neither been convicted of nor pled guilty to another felony crime since the date of the warrant.

And

  • The only existing warrant was issued 10 or more years ago.

And

  • Your medical condition impairs your mental capability to resolve the warrant; or you are incapable of managing your benefits; or you are legally incompetent; or Social Security has appointed a representative payee to handle your benefits or you are residing in a long-term care facility, such as a nursing home or mental treatment/care facility.

Other Social Security Benefits

The benefits described in this letter are the only one you can receive from Social Security. If you think you might qualify for another kind of Social Security benefit in the future, you will have to file another application.

                           

If You Disagree With The Decision

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

  • You have 60 days to ask for an appeal.

  • The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.

  • You must have a good reason for waiting more than 60 days to ask for an appeal.

  • You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called "Request for Reconsideration." Contact one of our offices if you want help.

Please read the enclosed pamphlet, "Your Right to Question the Decision Made on Your Social Security Claim." It contains more information about the appeal.

If You Want Help With Your Appeal

You can have a friend, lawyer, or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it.

Enclosure(s):

Pub 05-10077

NOTE: This notice requires the general close-out and referral paragraphs and the appropriate signature for the notice. See NL 00601.040 for additional paragraphs required on post-entitlement notices; e.g., overpayment or underpayment paragraphs, etc. See NL 00601.003 for name and signature requirements on notices.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900755150
NL 00755.150 - Fugitive Felon/Probation or Parole Violator Award and Fugitive Felon/Probation or Parole Violator Suspension (Good Cause Development Pending) - 05/29/2012
Batch run: 12/04/2012
Rev:05/29/2012