TN 89 (11-23)

GN 00502.302 Processing Criminal Background Check Work Issues on Payees

CITATIONS:

Social Security Act as amended, sections and

A. Background

Section 202 of the Strengthening Protections for Social Security Beneficiaries Act of 2018 (SPSSBA), Public Law 115-165, requires us to:

  • conduct criminal background checks on payee applicants;

  • prohibit the selection of certain payee applicants with a felony conviction of committing, attempting, or conspiring to commit certain crimes;

  • conduct criminal background checks on all currently serving payees who do not meet one of the exceptions set out in the law, and remove and replace those with a felony conviction of committing, attempting, or conspiring to commit certain crimes by January 1, 2024; and

  • conduct ongoing criminal background checks, at least once every five years, on all currently serving payees who do not meet one of the exceptions set out in the law.

B. Policy for Criminal Background Checks on Payees

Section 202 of the SPSSBA, bars an individual from serving as payee if convicted of any of the felony crimes listed in GN 00502.133A.4, unless the individual is the:

  • custodial parent of the minor child for whom the individual applies to serve;

  • custodial spouse of the beneficiary for whom the individual applies to serve;

  • custodial parent of an adult beneficiary who has a disability which began before the beneficiary attained age 22, for whom the individual applies to serve;

  • custodial court appointed guardian of a beneficiary for whom the individual applies to serve;

  • custodial grandparent of the minor grandchild for whom the individual applies to serve;

  • parent who was previously the payee for their minor child who has since turned 18 and continues to be eligible for benefits; or

  • recipient of a presidential or gubernatorial pardon for the conviction.

C. Procedure for Processing Criminal Background Check Work Issues on Payees

Field offices (FO) will receive criminal work issues in the electronic Representative Payee System (eRPS) Workload Management, when we receive criminal information through our eRPS criminal background check. Management or other designated staff must assign the criminal work issues.

The following types of criminal work issues are generated in eRPS:

  • VRFCRM - when a payee or payee applicant has criminal history after the criminal background check, the criminal history needs verification, and the payee's suitability needs to be reassessed.

  • FELONY - when a payee or payee applicant has a felony crime conviction and the payee's suitability needs to be reassessed.

  • CRM202 - when a payee or payee applicant has a barred crime conviction and development is needed for a successor payee.

  • PYE202 - when a payee has criminal history that needs to be verified and has not responded to the eRPS Come-in/Call-in notice or the DPS Call-in notice.

NOTE: These criminal work issues are time sensitive. SPSSBA requires all non-exempt current payees with a barred crime be removed and replaced by January 1, 2024. You must initiate work issues within 15 calendar days of receipt and complete payee development, when appropriate, within 30 calendar days of receipt of the work issue. Criminal work issues must be resolved for all records including cases in suspense.

NOTE: Criminal work issues are also located in the Workload Action Center (WAC)

1. Accessing Criminal Work Issues in eRPS

  1. a. 

    Access eRPS home screen, select “Search for Pending/Transferred Cases” under Manage Workload.

  2. b. 

    On the Workload Management screen, select the following options:

    • Process Type: "All"

    • Work Item Status: "All"

    • Assignment Status: "All"

    • Rep Payee Type: "All"

    • Click: "Display Items"

    • Click: "Show Summary"

    • Click: “Add'l Filters”

    • On the bottom of the Refine Search page, select the corresponding Issue Code and click “Submit”.

NOTE: You can only select one issue code at a time. Criminal work issues are: VRFCRM, FELONY, CRM202 and PYE202.

2. Accessing Criminal Work Issues in WAC

  1. a. 

    Access WAC RPS Workload.

  2. b. 

    Under Available Lists select “Tickle List”.

  3. c. 

    Sort eRPS work issues by name. Criminal work issues are: VRFCRM, FELONY, CRM202 and PYE202.

3. Verifying Criminal History

A payee or payee applicant's criminal history is important to the suitability determination and requires verification before making a retain payee determination. Review the criminal information on the Criminal Background Check Results screen in eRPS and discuss with the payee or payee applicant.

When a background check for a payee or payee applicant returns criminal records, the Criminal Background Check Results screen will display the background check results. This screen allows you to view the background check details. See Criminal Background Check Results screen in the eRPS User Guide for additional information.

You must verify a payee or payee applicant's criminal history using the Criminal Verification Screen. If the answer to the question, “Is this a felony crime?” is “No,” select from the drop-down menu how you verified the non-felony. See Criminal History Verification Screen in the eRPS User Guide for additional information.

After selecting the appropriate drop-down option, you must document the information requested in the text box.

If a payee or payee applicant indicates they were convicted of any of the crimes listed in GN 00502.133A, there is no reason to request further documentation. The payee or payee applicant's allegation of a conviction for one of these crimes is the only verification needed.

4. Processing a VRFCRM Work Issue

Use the following steps to process a VRFCRM work issue:

  1. 1. 

    Review the criminal information on the Criminal Background Check Results screen (MS 07410.007) in eRPS.

  2. 2. 

    Attempt to contact the payee by telephone to verify the criminal information

    1. a. 

      If you cannot reach the payee on the first telephone attempt leave a voicemail with your contact information (name and telephone number), and let the payee know SSA will call again.

    2. b. 

      Make a second attempt to reach the payee by telephone on a different business day. If you cannot reach the payee on the second attempt, leave a voicemail with your contact information (name and telephone number), and let the payee know SSA will send a letter requesting contact.

    3. c. 

      Document your telephone attempts on the Report of Contact Details screen (MS 07416.002).

    4. d. 

      If you cannot contact the payee by telephone on the second attempt, you must send the automated eRPS Come-in/Call-in notice or the DPS Call-in notice requesting contact within 15 days. To send the automated eRPS notice, select the "Request Come-In/Call-In Notice" tab on the Come-In/Call-In Notice - Criminal History screen (MS 07410.011).

      NOTE: In rare instances, a payee with a foreign address will require a DPS Call-in Notice. Use the eRPS Call-in Notice available under the National Rep Payee folder in DPS. For these cases, you must create a 15-day tickle within the VRFCRM work issue.

    5. e. 

      If you cannot contact the payee within 15 calendar days after sending the notice, follow the steps outlined in GN 00502.302C.7. to remove the payee and develop for a new payee.

  3. 3. 

    When speaking with the payee or payee applicant take the following action:

    1. a. 

      Verify the payee's identity (GN 00502.117) and relationship with the beneficiaries the payee serves (MS 07420.010);

      If the payee is hesitant to verify PII or questions the legitimacy of the call, send a call-in notice to the payee.

    2. b. 

      Read the following Privacy Act statement:

      Sections 205(a), 205(j), and 1631(a) of the Social Security Act allow us to collect your information, which we will use to determine your eligibility to serve as a representative payee. Providing this information is voluntary, but not providing the information may prevent us from assisting you. As law permits, we may disclose your information per routine uses in Systems of Records Notices 60-0089, 60-0222, and 60-0320; available at www.ssa.gov/privacy. Your information may also be used in computer matching programs to establish or verify eligibility for Federal benefit programs and to recoup debts under these programs; and

    3. c. 

      Explain to the payee the criminal information provided in the background check. Follow the steps in GN 00502.117B.3 to verify the payee's barred crime, felony crime, or non-felony criminal information.

      If the payee or payee applicant indicates a crime on the background check is erroneous, follow the instructions in GN 00502.117B.3.c.

  4. 4. 

    After you review the payee or payee applicant's criminal history, select the "Unverified" link on the Criminal Background Check Results screen. If you cannot verify the payee's criminal history, follow the instructions in GN 00502.117B.3.a.

  5. 5. 

    Answer all the questions on the Criminal History Verification screen (MS 07410.008).

  6. 6. 

    If the crime is a barred crime, select the appropriate barred crime from the drop-down box.

5. Processing a FELONY Work Issue

After verifying a payee or payee applicant's criminal history on the Criminal History Verification screen (MS 07410.008), you will receive a FELONY work issue if one of the crimes is a felony and not one of the barred crimes listed in GN 00502.133A.3. Use the following steps to process this work issue:

  1. 1. 

    Determine if the payee is still suitable. A payee with criminal history is a questionable payee and should only continue serving if the criteria in GN 00502.132A.2. is met.

  2. 2. 

    Go to the Payee Retention Decision - Criminal History screen (MS 07410.009) and select the "Decision" link.

  3. 3. 

    Answer the "Is a change of payee needed?" question.

  4. 4. 

    If you retain the payee, check and document the reasons for retaining the payee. If you remove the payee, develop for a new payee by following the steps in GN 00502.000 Determining the Need for, Developing and Selecting a Representative Payee.

6. Processing a CRM202 Work Issue

After verifying a payee's criminal history on the Criminal History Verification screen (MS 07410.008), you will receive a CRM202 work issue if the payee has a barred crime conviction listed in GN 00502.133A.3. Use the following steps to process this work issue:

  1. 1. 

    Go to the Payee Retention Decision - Criminal History screen (MS 07410.009) and select the “Make Decision” link.

  2. 2. 

    You must remove the payee from serving any beneficiaries they serve where the payee does not meet one of the exceptions as outlined in GN 00502.302B in this section.

  3. 3. 

    Develop for a new payee by following the steps in GN 00502.000 Determining the Need for, Developing and Selecting a Representative Payee.

7. Processing a PYE202 Work Issue

When a payee does not respond to an eRPS Come-in/Call-in notice or DPS Call-in notice within 15 days, you will receive the PYE202 work issue. Use the following steps to process this work issue:

  1. 1. 

    Go to the Payee Retention Decision - Criminal History screen (MS 07410.009) and select the “Make Decision” link.

  2. 2. 

    You must remove the payee from serving any beneficiaries they serve where the payee does not meet one of the exceptions as outlined in GN 00502.302B in this section.

  3. 3. 

    Develop for a new payee by following the steps in GN 00502.000 Determining the Need for, Developing and Selecting a Representative Payee.

D. Procedure for Processing Criminal Work Issues When Benefits are Terminated

If the beneficiary's benefits have been terminated, follow steps in MS 07413.001 to terminate the relationship between the payee and beneficiary in eRPS.

NOTE: The payee relationship should not be terminated when a beneficiary is in a suspense status.

E. References

GN 00502.000 - Determining the Need for, Developing and Selecting a Representative Payee

GN 00502.117 - Verifying Information Provided by the Payee or Payee Applicant

GN 00502.132 - Selecting a Qualified Representative Payee

GN 00502.133 - Payee Applicant is a Felon or Fugitive or Has Been Convicted of Other Criminal Act

GN 00502.301 - State and Territory Digest of Crimes Barring an Individual from Serving as Payee

MS 07410.007 - Criminal Background Check Results screen

MS 07410.008 - Criminal History Verification screen

MS 07410.009 - Payee Retention Decision - Criminal History screen

MS 07410.010 - View Update Payee Retention Decision screen

MS 07410.011 - Come-In/Call-in Notice - Criminal History screen

MS 07410.012 - Payee Retention Decision History screen

MS 07413.001 - Terminate Payee Relationship

MS 07420.010 - Relationship Details


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200502302
GN 00502.302 - Processing Criminal Background Check Work Issues on Payees - 11/16/2023
Batch run: 08/08/2024
Rev:11/16/2023