Do not suspend benefits if there is no official determination (e.g., the individual
was arrested but parole was not revoked) made by a court or administrative body having
jurisdiction over the decision to revoke parole.
EXAMPLE 1 - PAROLE IS GRANTED
Kelsey, a title II beneficiary, is tried, convicted of a crime punishable by more
than one-year imprisonment and confined on 12/30/98. He is released on parole on 02/14/00
for good behavior.
Kelsey contacted his local SSA office and provided them with his official parole papers.
The SSA FO acted to reinstate his benefits via PUPS. They posted his PUPS record for
this period of confinement with a release date of 02/14/00. Benefits were reinstated
effective 03/00 because he met all factors of eligibility and benefits could be resumed.
(See GN 02607.840 for instructions on reinstating benefits.)
EXAMPLE 2 - PAROLE REVOKED
Kelsey is arrested on 04/1/00 because he violated a condition of his parole. Kelsey
was incarcerated in jail until the parole board convened to make a decision about
revoking his parole. Parole was officially revoked on 06/3/00 based on a parole board
official decision that he must serve the remainder of his unfinished sentence on his
previous criminal charge. No additional criminal charges were brought against him
because he committed a parole violation, not a crime.
The revocation of his parole, however, creates a new period of confinement. The period
of conviction and confinement for the parole revocation begins 06/03/00. We begin
counting the more than 30 continuous days of confinement with the day that Kelsey
is both confined and the official revocation of parole is made; i.e., 06/03/00, more
than 30 continuous days is met on 07/3/00.
Establish a PUPS record to reflect the new period of incarceration for Kelsey; e.g.,
date of confinement equals 06/03/00 and date of conviction equals 06/03/00. (See GN 02607.460 for establishing PUPS records.) Kelsey's benefits are suspended again beginning 06/00.
An incentive payment is automatically sent to the jail for their timely reporting
of his confinement to SSA.