TN 1 (08-05)

NL 00755.700 Fugitive Felon/Probation or Parole Violator Beneficiary Inadvertently Suspended 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 - Timely Protest to Suspension Was Received by SSA During the Due Process Period-Fugitive Felon Suspension Inadvertently Begun-Resumption Notice is Required

Instances may occur, where the beneficiary was sent a Fugitive Felon Advance Notice of Proposed Suspension and the beneficiary protested timely within the 10 day or 30 day due process period. However, SSA did not act on the protest timely and the beneficiary inadvertently went into fugitive felon or probation or parole violator suspension status.

Because the beneficiary protested during his/her appropriate due process period, SSA must resume benefits to the beneficiary until a decision has been made by SSA on the beneficiary’s protest to the fugitive felon suspension. SSA will send the beneficiary a resumption notice with an additional paragraph to explain the inadvertent suspension of benefits.

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.

B. Procedure - Paragraph to Use on the Resumption Notice When The Beneficiary is Inadvertently Suspended

1. DPS (FO Notice Preparation) Inadvertently Suspended Paragraph

UTI #

Description of Paragraph

Use of Paragraph

FUG503

Title II Inadvertently Suspended Paragraph)

(See NL 00755.900F.2. for paragraph.)

Use this paragraph when the beneficiary was inadvertently suspended. The beneficiary protested timely during his/her fugitive felon due process period, however, SSA did not act correctly on the protest and SSA inadvertently suspended Title II benefits

2. AURORA (PC/OCO-ODO Notice Preparation) Inadvertently Suspended Paragraph

UTI #

Description of Paragraph

Use of Paragraph

FUG503

Title II Inadvertently Suspended Paragraph)

(See NL 00755.900F.2. for paragraph.)

Use this paragraph when the beneficiary was inadvertently suspended. The beneficiary protested timely during his/her fugitive felon due process period, however, SSA did not act correctly on the protest and SSA inadvertently suspended Title II benefits

C. Exhibits - Samples of Resumption Notice For The Inadvertently Suspended Beneficiary

Social Security Administration

Retirement, Survivors, and Disability Insurance

Notice of Change in Benefits