BASIC (06-05)

NL 00755.400 Fugitive Felon or Probation or Parole Violator Suspension Paragraphs

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 Suspension Paragraphs

1. DPS Paragraphs to Add to Fugitive Felon/Probation or Parole Violator Suspension Notices (FO Notice Instructions)

UTI # on DOCS

Description of
Paragraph

Use of Paragraph

FUG049

Title II Initial Award Paragraph Plus Suspension (Award actions)

(See NL 00755.900D.1. for the paragraph.)

Use this paragraph when the beneficiary is awarded Title II benefits but he/she will not be paid monthly benefits because he/she has an outstanding felony or probation or parole violation warrant.

FUG050

Title II Fugitive Felon or Probation or Parole Violator Suspension (Post adjudicative actions) (See NL 00755.900D.1. for the paragraph.)

Use this paragraph on post-adjudicative actions when you must inform the beneficiary that his/her monthly Title II benefits have been suspended because the beneficiary has an outstanding felony warrant or a warrant for a probation or parole violation.

FUG051

Title II Closed Period of Fugitive Felon or Probation or Parole Violator Suspension (Post adjudicative actions) (See NL 00755.900D.1. for the paragraph.)

Use this paragraph on post-adjudicative actions when you must inform the beneficiary that he/she will has a closed (past) period of fugitive felon suspension. The beneficiary is currently being paid Title II benefits.

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.

2. AURORA Paragraphs to Add to Fugitive Felon/Probation or Parole Violator Suspension Notices (PSC/OCO-ODO Notice Instructions)

UTI #

Description of Paragraph

Use of Paragraph

FUG056

Title II Fugitive Felon or Probation or Parole Violator Suspension (Post adjudicative actions) (See NL 00755.900A.1. for the paragraph.)

Use this paragraph on initial award situations plus suspension and on post-adjudicative actions when you must inform the beneficiary that he/she will have his/her monthly Title II benefits suspended because the beneficiary has an outstanding felony warrant or a warrant for a probation or parole violation.

Use this paragraph before the FUG050 or FUG 051 paragraph.

FUG050

Title II Initial Award Paragraph Plus Suspension (Award actions) and Post-adjudicative suspension actions.

(See NL 00755.900D.2. for the paragraph.)

Use this paragraph when the beneficiary is awarded Title II benefits but he/she will not be paid monthly benefits because he/she has an outstanding felony or probation or parole violation warrant.

Use this paragraph to explain the fugitive felon or probation or parole violator suspension when the beneficiary is subject to the fugitive felon provisions of the social security act.

FUG051

Title II Closed Period of Fugitive Felon or Probation or Parole Violator Suspension (Post adjudicative actions) (See NL 00755.900D.2. for the paragraph.)

Use this paragraph on post-adjudicative actions when you must inform the beneficiary that he/she will has a closed (past) period of fugitive felon suspension. The beneficiary is currently being paid Title II benefits.

FUG048

Fugitive Felon Advance Notice of Proposed Suspension Explanatory Provisional Paragraph

Use this paragraph on manual Fugitive Felon Advance Notice of Proposed Suspension Notices to explain the fugitive felon/probation or parole violator suspension provisions to the beneficiary and the date that the provision were effective on the beneficiary.

SUS210

General Suspension Paragraph

Use this paragraph on manual notices to the beneficiary to explain when benefits are to be suspended.

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.

B. Procedure - Overpayment Occurs Because Of Fugitive Felon Suspension

See NL 00601.040 and NL 00601.140 for additional information or paragraphs to add to the suspension notice or closed period of suspension notice when an overpayment occurs on the record because of the fugitive felon/probation or parole violator suspension action. See NL 00755.500 for additional fugitive suspension overpayment information.

C. Exhibit - Sample Of A Title II Fugitive Felon Suspension And Overpayment Notice

NOTE: See NL 00755.500C. for a sample of a fugitive felon closed period of suspension notice with an overpayment for a past period of fugitive felon suspension.

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

Mid-America Program

Service Center

                                                                              225 E. Oak Street

                                                                              Central City, ST 00000

                                                                               Claim Number: XXX-XX-XXXXA

                                                                               Date: July 1, 2005

   

Debra Echkart

4023 Perry Court

Danielsville PA 18038

   

We cannot pay benefits to you beginning 01/2005 because you have an outstanding arrest warrant for a felony crime.

   

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 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.

   

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 or drug-related 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 02/15/2005 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.

   

Overpayment Information

   

Since we did not stop your payments until 03/2005, you were paid $1,500 too much in benefits.

   

Do You Think We Are Wrong About The Overpayment?

   

You have certain rights with respect to this overpayment and its recovery.

   

  1. Right to Appeal: If you disagree in any way with this overpayment determination, you have the right, within 60 days of the date you receive this notice, to request that the determination be reconsidered. If you request this independent review of the overpayment determination, please submit any additional information you have which pertains to the overpayment.

  2. Right to Request Waiver: You also have the right to request a determination concerning the need to recover the overpayment. An overpayment must be refunded or withheld from benefits unless both of the following are true:

    1. The overpayment was not your fault in any way, and

    2. You could not meet your necessary living expenses if we recovered the overpayment, or recovery would be unfair for some other reason.

   

If you request waiver, we may need a statement of your assets and monthly income and expenses.

   

If you request reconsideration and/or waiver within 30 days, the overpayment will not have to be recovered until the case is reviewed. This review is described in more detail on the attached form SSA-3105, Important Information About Your Appeal and Waiver Rights. The people in any Social Security office will be glad to help you complete the forms for requesting reconsideration (SSA-561-U2, Request for Reconsideration) and/or waiver (SSA-632-13K, Overpayment Recovery Questionnaire).

   

Even if you do not want to request reconsideration or waiver, please call, write or visit any Social Security office if you have questions or need more information. Please take this letter with you if you do visit an office.

   

How To Pay Us Back

   

You should refund this overpayment within 30 days. Please make your check or money order payable to "Social Security Administration" and send it to us in the enclosed envelope. Always include your claim number (as indicated above) on the check or money order. If you cannot refund the full overpayment now, you should submit:

   

  1. partial payment,

  2. an explanation of your financial circumstances, and

  3. a definite plan for repaying the balance.

   

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.

   

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 any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-610-433-3237. 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

41 N 4TH ST

ALLENTOWN, PA 18102

   

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.

   

Enclosure

SSA-3105, Important Information About Your Appeal and Waiver Rights

Refund Envelope

   

NOTE: The referral paragraph and the appropriate signature are also required for this 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.


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