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. Kelsey is released on parole
on 02/14/00 for good behavior.
Kelsey contacted the local SSA office and provided them with official parole papers.
The SSA FO acted to reinstate Kelsey's benefits via PUPS. They posted Kelsey's PUPS
record for this period of confinement with a release date of 02/14/00. Benefits were
reinstated effective 03/00 because Kelsey 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 Kelsey violated a condition of parole. Kelsey
was incarcerated in jail until the parole board convened to make a decision about
revoking Kelsey's parole. Parole was officially revoked on 06/3/00 based on a parole
board official decision that Kelsey must serve the remainder of Kelsey's unfinished
sentence on a previous criminal charge. No additional criminal charges were brought
against Kelsey because Kelsey committed a parole violation, not a crime.
The revocation of Kelsey's 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 Kelsey's confinement to SSA.