An individual whose SSI benefits are suspended because they are a fugitive felon or a probation or parole violator may have benefits resumed effective with the first month throughout which the individual does not have an active warrant pending for a crime that is a felony or for a violation of a condition of their parole or probation. The SSPA also provides a good cause exception giving SSA the authority to continue paying Titles II/XVI benefits in certain situations.

If the recipient alleges there is no outstanding warrant, or the recipient makes a request for good cause, documentary evidence from the warrant-issuing agency or court must be submitted showing that the warrant was satisfied and the date it was satisfied. (Refer to SI 00530.015 for instructions on developing good cause).

Ineligibility continues until the month after the month the warrant is satisfied unless there is evidence that the warrant was issued in error (e.g., the warrant was issued for the wrong person).

Do not resume payments based on an individual’s allegation that they are no longer a fugitive or a parole or probation violator.

Ask the individual to submit documentation from the warrant-issuing agency or court that shows the date the warrant or court order was satisfied. Resume benefits with the month after the month the warrant is satisfied (unless the individual remains ineligible for another reason, e.g., due to imprisonment).

Terms used by courts and law enforcement agencies to describe the disposition of a warrant may not be consistent among states. For purposes of this subchapter, we use the term “satisfied” to indicate that the warrant was issued properly and was in force for a specified period of time before being reconciled.

If there are any questions about if and/or when the warrant or court order was issued or satisfied, contact the warrant-issuing agency or court to determine the correct months of suspension. Also contact the agency that issued the warrant when you are unsure about whether the SSI recipient is the person identified in the warrant or whether the warrant was proper and cleared or issued in error.

If the agency determines that the warrant was issued in error, resume payments (remove N25) effective with the first month that N25 was posted. If the individual alleges that they are not the person identified in the warrant and provides evidence indicating a possible case of identity theft and no court order was issued to rectify the situation, refer case to OIG for investigation. Include with your referral all information and documentation available. EVS Codes of "A" Cases - Beneficiary States They Do Not Have A Warrant, follow instructions in GN 02613.150C.1.