BASIC (06-05)

NL 00755.500 Fugitive Felon/Probation or Parole Violators Overpayment 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 Overpayment Notices

There are several paragraphs that must be included in a notice to a beneficiary regarding his/her fugitive felon/probation or parole violator overpayment. The notice must include the fugitive felon/probation or parole violator suspension paragraphs, an explanation of the fugitive felon provisions, the information about the warrant and the warrant issuing agency, mandatory good cause provisions, discretionary good cause provisions, and the amount of the overpayment caused by the fugitive felon/probation or parole violator suspension. The necessary paragraphs for inclusion into the Title II fugitive felon and suspension and overpayment notice are indicated in NL 00755.600A.1.

1. Fugitive Felon Paragraphs Required for a Suspension Notice With an Overpayment for a Fugitive Felon or Probation or Parole Violator Suspension

NOTE: For manually prepared notices 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.

a. DPS paragraphs to Use on the Suspension Plus Overpayment Notice (FO Notice Instructions)

  • FUG050

  • FUG056

  • INFC01

  • FUG057

  • OPTC04

  • FUG054

  • FUG055

  • OPT135

NOTE: Add in the regular recovery paragraphs, reconsideration and appeal paragraphs. The general close-out paragraph and the appropriate SSA signing official signature are also required for this notice. Also include any enclosures that correspond to these general types of paragraphs in the beneficiary notice, e.g. SSA-3105., etc. (See NL 00601.040 for additional information about required paragraphs on general post-entitlement notices.)

See NL 00755.400C for a sample of a fugitive felon suspension notice with an overpayment for fugitive felon suspension.

b. AURORA Paragraphs to use on the Suspension Plus Overpayment Notice (PSC/OCO-ODO Notice Instructions)

  • FUG050

  • FUG056

  • INFC01

  • FUG057

  • OPTC04

  • FUG054

  • FUG055

  • OPT135

NOTE: Add in the regular recovery paragraphs, reconsideration and appeal paragraphs. The general close-out paragraph and the appropriate SSA signing official signature are also required for this notice. Also include any enclosures that correspond to these general types of paragraphs in the beneficiary notice, e.g. SSA-3105., etc. (See NL 00601.040 for additional information about required paragraphs on general post-entitlement notices.)

See NL 00755.400C for a sample of a fugitive felon suspension notice with an overpayment for fugitive felon suspension.

2. Fugitive Felon Paragraphs Required for a Closed Period Suspension Notice with an Overpayment for a Prior Period of Fugitive Felon or Probation or Parole Violator Suspension

NOTE: For manually prepared notices 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.

a. DPS Paragraphs to Use on the Closed Period Suspension Notice Plus Overpayment (FO Notice Instructions)

  • FUG051

  • FUG056

  • INFC01

  • FUG057

  • OPTC04

  • FUG054

  • FUG055

  • OPT136

NOTE: Add in the regular recovery paragraphs, reconsideration and appeal paragraphs. The general close-out paragraph and the appropriate SSA signing official signature are also required for this notice. Include any enclosures that correspond to these general types of paragraphs in the beneficiary notice, e.g. SSA-3105., etc. (See NL 00601.040 for additional information about required paragraphs on general post-entitlement notices.)

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.

b. AURORA Paragraphs to Use on the Closed Period Suspension Notice Plus Overpayment (PSC/OCO-ODO Notice Instructions)

  • FUG051

  • FUG056

  • INFC01

  • FUG057

  • OPTC04

  • FUG054

  • FUG055

  • OPT136

NOTE: Add in the regular recovery paragraphs, reconsideration and appeal paragraphs. The general close-out paragraph and the appropriate SSA signing official signature are also required for this notice. Include any enclosures that correspond to these general types of paragraphs in the beneficiary notice, e.g. SSA-3105., etc. (See NL 00601.040 for additional information about required paragraphs on general post-entitlement notices.)

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.

B. Exhibits - Fugitive Felon Overpayment Paragraphs And Captions

See NL 00755.900E.1. for the language used in the overpayment paragraphs and captions. See NL 00755.900E.2. for closed period suspension overpayment paragraphs and captions.

C. Exhibit - Sample Of A Closed Period Fugitive Felon Suspension And Overpayment Notice

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

Mid-Atlantic Program Service Center

                                                                          225 E. Oak Street

                                                                          Central City, ST 00000

                                                                          Date: July 1, 2005

                                                                          Claim Number: XXX-XX-6789A

   

Jane Doe

6401 Security Blvd.

Baltimore, MD 21235-6401

   

We cannot pay benefits to you for the months of 01/2005 to 03/2005 because you had an outstanding arrest warrant for a crime which is a felony.

   

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, Baltimore, MD 12345, PHONE: 800-923-4567, issued a warrant for your arrest for a felony crime or a violent of Federal or State probation or parole on 1/12/2005.

   

The warrant information we have is:

   

Warrant number: MD123456

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 You Can Avoid Being Overpaid

   

You will not be overpaid for the months that you had an outstanding felony warrant for a crime or a warrant for a probation or parole violation 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 not consider you overpaid for the months of 01/2005 to 03/2005 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.

   

Overpayment Information

   

We cannot pay benefits to you for the months of 01/2005 to 03/2005 because you had an outstanding arrest warrant

   

Since we did not stop your payments for the period 01/2005 to 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-F4, 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 any 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 $1,500 now, you should submit: (a) a partial payment; (b) an explanation of your financial circumstances; and (c) a definite plan for repaying the balance.

If we do not receive your refund within 30 days, we plan to recover the overpayment by withholding your full benefit beginning with the payment you would normally receive for August 2005 about September 1, 2005. We will continue withholding the benefit you receive until the overpayment has been fully recovered.

   

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:

SSA-3105

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.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900755500
NL 00755.500 - Fugitive Felon/Probation or Parole Violators Overpayment Paragraphs - 05/29/2012
Batch run: 12/04/2012
Rev:05/29/2012