BASIC (06-05)

NL 00755.200 Fugitive Felon Advance Notice of Proposed Suspension

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 - Preparation of Advance Notice Of Proposed Suspension

As discussed in GN 02613.000, the warrant, the MBR, and other information will be reviewed to determine what good cause criteria the beneficiary already meets and what information the beneficiary must provide. (See GN 02613.025 for explanation of the good cause provisions and how they are applied to benefits.)

Based on this review, SSA will send a tailored advance suspension notice that explains:

  • that we plan to suspend benefits;

  • what good cause requirements are already met by the beneficiary; i.e., the good cause requirements already met by the beneficiary based on the case file and OI-5D information are not inclusive or adequate to establish mandatory or discretionary good cause per GN 02613.025D; and

  • what further proof the beneficiary must provide to establish that good cause exists.

1. Selecting the Advance Notice of Proposed Suspension from the Notice Language Facility Database

To prepare the advance notice of proposed suspension select one of the following notices:

NOTICE FACILITY

NAME USED TO LOCATE NOTICE

DPS (FO Notice Preparation System)

Fugitive Felon- Advance Notice of Proposed Suspension Action – Currently On DPS

AURORA (PSC/OCO-ODO Notice Preparation System)

Fugitive Felon- Advance Notice of Proposed Suspension Action--Notice E5200 on AURORA (Future Notice). This notice is not on the AURORA database currently. Prepare a manual advance notice of proposed suspension until the E5200 becomes available. (See NL 00755.200B.2. for the contents of the manual Advance Notice of Proposed Suspension for PC/OCO/ODO use on AURORA.)

2. Completion of the Paragraphs for the Advance Notice of Proposed Suspension

a. General Advance Notice of Proposed Suspension Paragraph Information

Complete the notice paragraphs using the information available from the beneficiary’s case file and the information that is provided from the OI-5D.

Do not use paragraphs PAY157 and PAY 158 in the advance notice of proposed suspension if the beneficiary’s crime was violent or drug related or the crime was nonviolent and not drug related and the subsequent conviction was present on PUPS or otherwise known. (See instructions in NL 00755.200A.4. for paragraph information that should not be included in the Fugitive Felon Advance Notice of Proposed Suspension when good cause does not apply for the beneficiary.)

b. Good Cause Paragraphs

Use the following chart to determine which fill-ins will apply to the beneficiary’s specific good cause situation based on the information in the beneficiary’s case file and the OI-5D. See GN 02613.025C.7.b. for instructions for processing cases where good cause is not found for the beneficiary.

NOTE: See NL 00755.900B for the language used in the paragraphs mentioned in the chart below

Good Cause Paragraphs

Mandatory and Discretionary Good Cause Paragraphs References

PAY157 — This paragraph explains which good cause requirements are already met by the beneficiary based on the beneficiary’s case information and the information on the OI-5D. See GN 02613.025D for the good cause procedures.

See paragraphs in NL 00755.200A.2.c. for the good cause reasons already established by the beneficiary to meet the good cause requirements.

PAY158 — This paragraph explains the requirements that the beneficiary will need in order to continue receiving Title II benefits based on mandatory or discretionary good cause reasons. See GN 02613.025D. for the good cause procedures.

See paragraphs in NL 00755.200A.2.d. for the good cause reasons necessary for the beneficiary to ultimately establish good cause.

c. Paragraphs to add to the good cause paragraph PAY157 in the Advance Notice of Proposed Suspension

Use the following UTIs with paragraph PAY157 to explain which good cause requirements are already met by the beneficiary based on the case information and the information on the OI-5D.

NOTE: See NL 00755.900B for the language used in the paragraphs mentioned in the chart below

UTI

USE WHEN...

FUG032

The crime for which the warrant was issued was both nonviolent and not drug related. (Do not use this paragraph for Offense Codes 5011 or 5012.).

FUG033

The original crime(s) for which paroled or put on probation was both nonviolent and not drug related. (Use this paragraph for Offense Codes 5011 or 5012.)

FUG034

Individual has neither been convicted of nor pled guilty to another felony crime since the date of the warrant.

FUG035

The law enforcement agency that issued the warrant reports that it will not extradite or that it will not take action on the warrant.

FUG036

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

FUG037

Individual’s medical condition impairs his/her mental capability to resolve the warrant.

FUG038

The individual has a representative payee.

FUG039

The individual is residing in a long-term care facility.

d. Paragraphs to add to the good cause paragraph PAY158 in the Advance Notice of Proposed Suspension

Use the following UTIs with paragraph PAY158 to explain which good cause requirements still need to be met by the beneficiary.

NOTE: See NL 00755.900B for the language used in the paragraphs mentioned in the chart below

UTI

USE WHEN...

FUG040

The warrant is for a felony crime but you do not know if the crime was both nonviolent and not drug related.

FUG041

The warrant is for a parole or probation violation and you do not know if the original crime for which the individual was paroled or put on probation was both nonviolent and not drug related.

FUG042

The warrant was issued for a probation/parole violation and you do not know if the original crime on which the probation or parole violation was based was both nonviolent and not drug related.

FUG043

You do not know if the individual has been convicted of or pled guilty to another felony crime since the date of the warrant.

FUG044

The law enforcement agency that issued the warrant has not reported that it will not extradite or that it will not take action on the warrant.

FUG045

The only existing warrant was issued 10 or more years ago and the individual does not have one of the medical impairment codes listed in GN 02613.910 and does not have a representative payee.

FUG046

The only existing warrant was issued 10 or more years ago and the individual does not have one of the medical impairment codes listed in GN 02613.910 and does not have a representative payee and is residing in a long-term care facility.

3. Examples of Using the Good Cause Paragraphs PAY157 and PAY158 in the Fugitive Felon Notice of Proposed Action

Examples of the good cause paragraphs used in the Fugitive Felon Notice of Proposed Action where the beneficiary’s crime is nonviolent and not drug related and other specific beneficiary case characteristics apply.

NOTE: See NL 00755.900B. for the language used in the paragraphs mentioned in the chart below. Use caption MESC02 whenever you are completing paragraphs PAY157 and PAY158.

Beneficiary’s Good Cause Situation Based on Case File and Information on OI-5D

Paragraphs to Use with PAY157

Paragraphs to Use with PAY158

  • Crime was nonviolent and not drug related; and

  • Subsequent conviction is unknown (no Prisoner Update Processing System (PUPS) record); and

  • Law enforcement (LE) will not extradite/act on warrant

FUG032

FUG035

FUG043

  • Crime was nonviolent and not drug related; and

  • Subsequent conviction is unknown; and

  • LE is silent on whether it will extradite/act on warrant; and

  • Age of the warrant is -10 years

FUG032

FUG043

FUG044

Crime was nonviolent and not drug related; and

Subsequent conviction is unknown; and

LE is silent on whether it will extradite/act on warrant; and

Age of the warrant is 10+ years; and

Mental impairment code is present on MBR/SSR

FUG032

FUG036

FUG037

FUG043

  • Crime was nonviolent and not drug related; and

  • Subsequent conviction is unknown; and

  • LE is silent on whether it will extradite/act on warrant; and

  • Age of the warrant is 10+ years; and

  • Rep payee or legally incompetent coding is present on MBR/SSR

FUG032

FUG036

FUG037

FUG043

  • Crime was nonviolent and not drug related; and

  • Subsequent conviction is unknown; and

  • LE is silent on whether it will extradite/act on warrant; and

  • Age of the warrant is 10+ years; and

  • No mental impairment/RP/legally incompetent code on MBR/SSR

FUG032

FUG036

FUG043

FUG044

FUG045

FUG046

  • Crime was nonviolent and not drug related; and

  • Subsequent conviction is unknown; and

  • LE is silent on whether it will extradite/act on warrant; and

  • Age of the warrant is 10+ years; and

  • Living in a long-term care facility.

FUG032

FUG036

FUG039

FUG043

Any situation in which we know the warrant is for a felony crime but the actual criminal charge is unknown

No paragraphs apply

Include

FUG040

Any situation in which we do not know if the warrant is for a felony crime or parole/probation violation

No paragraphs apply

Include

FUG042

4. Paragraph information where good cause does not apply

Good cause does not apply where the beneficiary’s crime is violent or drug related or nonviolent or not drug related and/or the beneficiary has a subsequent conviction.

NOTE: See NL 00755.900B. for the language used in the paragraphs mentioned in the chart below.

Paragraphs to avoid in the advance notice of proposed suspension:

Beneficiary’s Situation

Advance Notice of Proposed Suspension

Crime was violent or drug related

Do not use the following caption or paragraphs in the advance notice:

MESC02

PAY157

PAY158

Crime was nonviolent and not drug related; and the subsequent conviction is present on PUPS or otherwise known.

Do not use the following caption or paragraphs in the advance notice:

MESC02

PAY157

PAY158

B. Procedure - Fugitive Felon Advance Notice Of Proposed Suspension--Notice Content

1. Manual Notices Prepared Using DPS (FO Notice Instructions)

If a manual notice is necessary and you cannot use the existing Fugitive Felon Advance Notice of Proposed Suspension in DPS, the manual Advance Notice of Proposed Suspension must include the following paragraphs and captions. (See NL 00755.900B for the language used in the paragraphs and captions for the Fugitive Felon Advance Notice of Proposed Suspension.):

NOTE: The following paragraphs are listed in the order they should appear on the notice to the beneficiary.

  • SUS083

  • FUG056

  • SUS210

  • INFC01

  • FUG029

  • PAYC27

  • FUG030

  • FUG031

  • MESC02

  • PAY157

    (Include the following paragraphs as they are relative to the beneficiary’s record)

    FUG032

    FUG033

    FUG034

    FUG035

    FUG036

    FUG037

    FUG038

    FUG039

  • PAY158

    (Include the following paragraphs as they are relative to the beneficiary’s record)

    FUG042

    FUG040

    FUG041

    FUG043

    FUG044

    FUG045

    FUG046

  • CAPC40

  • ALS039

  • INFC08

  • PRI023 (use if the wage earner is the fugitive felon or probation or parole violator and there are auxiliaries on the record)

  • REFC01

  • REF041 or REF038 (FO referral paragraph

2. Manual Notices Prepared Using AURORA (PSC/OCO-ODO Notice Instructions)

If a manual notice is required using the AURORA system (the E5200 notice is not currently available in AURORA, a manual notice must be prepared), the Fugitive Felon Notice of Proposed Suspension must include the following paragraphs and captions. (See NL 00755.900B for the language used in the paragraphs and captions for the Fugitive Felon Advance Notice of Proposed Suspension.):

NOTE: The following paragraphs are listed in the order they should appear on the notice to the beneficiary

  • FUG048

  • INFC01

  • FUG029

  • PAYC27

  • FUG030

  • FUG031

  • MESC02

  • PAY157

    (Include the following paragraphs as they are relative to the beneficiary’s record)

    FUG032

    FUG033

    FUG034

    FUG035

    FUG036

    FUG037

    FUG038

    FUG039

  • PAY158

    (Include the following paragraphs as they are relative to the beneficiary’s record)

    FUG042

    FUG040

    FUG041

    FUG043

    FUG044

    FUG045

    FUG046

  • RCOC06

  • BRR029

  • INFC08

  • CLO022 (use if the wage earner is the fugitive felon or probation or parole violator and there are auxiliaries on the record)

  • REFC01

  • REF003

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.

C. Exhibit - Sample of a Fugitive Felon Advanced Notice of Proposed Suspension

Social Security Administration

Retirement, Survivors and Disability Insurance

Important Information

SOCIAL SECURITY

3722 ANNEX BLDG

BALTIMORE, MD 21235

Claim Number: XXX-XX-XXXXA

July 1, 2005

   

EMILY K BREINHOLT

11504 CHERRY HILL DR

SANDY UT 84094-5621

   

We are writing to tell you that we plan to stop your Social Security benefits.

   

Beginning January 2005, the law prohibits us from paying Social Security benefits to individuals who have an outstanding arrest warrant for a crime which is a felony (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.

   

Based on the information we have, we should have stopped the Social Security benefits beginning 01/2005.

   

The Information We Have

   

Our records show that the ABC Sheriffs Dept., 6401 Security Blvd. Baltimore, MD 21234-6401, 410-123-5678 issued a warrant for your arrest for a non-violent crime on 1/13/2005.

   

The warrant information we have is:

   

Warrant number: MD1234567

Originating case number: MA12345790

National Crime Information Center number: NCI123456

   

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

   

How Your Benefits Can Be Paid

   

We will pay you if you contact us at any time and can show us within 90 days from the date that you contact 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 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 warrant 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 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.

   

What You Can Do

   

Our records show that you already meet the following requirement(s) for your benefits to be paid:

   

  • The crime for which the warrant was issued was both nonviolent and not drug related.

  • 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.

   

However, we do not have all the information we need to pay benefits. If you contact us within 12 months from the date of this letter, we will pay you benefits if you can show us within 90 days from the date that you contact us that:

  • You have neither been convicted of nor pled guilty to any other felony crime since the warrant was issued on 1/13/2005. To prove this, give us a statement as to whether you have been convicted of or pled guilty to any such crimes since 1/13/2005.

   

If We Do Not Hear From You

   

If we do not hear from you within 30 days from the date of this letter, we will assume the information in this letter is correct and will stop your Social Security benefits.

   

We will send another letter at that time. It will explain the change in your benefits, the amount of any overpayment and how to appeal our decision. Also, you will have 60 days to ask for an appeal.

   

The 60 days will start the day after you receive the next letter.

   

Things To Remember

   

Even though your benefits will stop, we can pay other members of your family if they are entitled on your record.

   

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-123-456-7890. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

                      Social Security Office

                      1111 Main Street

                       Baltimore, MD 21236

   

If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.

   

NOTE: The r