In some instances, the Fugitive Felon Computer Match (FFCM) identifies an incorrect
individual when matching against the MBR, or SSR because the incoming SSN information
does not match what is on SSA’s records. The system did a match using an alpha-search
using only the name and date of birth on the warrant, and the match was not accurate.
In other cases, certain matching tolerance criteria may result in an inaccurate match
(i.e, mismatched identity case). Because of these errors, the FFSCF automatically
sends a Title II Advance Notice of Proposed Suspension to a beneficiary who claims
he or she never had an outstanding warrant. The beneficiary may protest during the
due process period, or after the suspension has occurred if he or she does not have
an outstanding warrant. (For information on the Advance Notice of Proposed Suspension
and the due process period requirements, see GN 02613.940A.)
SSA processes the protest to the suspension.
The chart provides instructions on processing warrant information for situations where
the beneficiary states that he or she does not have a warrant (e.g., EVS code of “A”
or a mismatched identity case).
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STEPS
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ACTIONS
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1
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BENEFICIARY IN CURRENT PAY WHEN PROTEST IS RECEIVED BY SSA (due process period has
not
expired yet):
Update the FFDG screen on the FFSCF, and enter a PROTEST DATE (the date the beneficiary
contacted SSA to protest). The PROTEST DATE stops the fugitive suspension from occurring
when the due process period matures. Go to step 3.
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2
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BENEFICIARY IN SUSPENSION STATUS WHEN PROTEST IS RECEIVED BY SSA.
Do not input a PROTEST DATE on the FFDG screen in FFSCF, or on the FFEL. Follow steps
3 and 4 to resolve the beneficiary’s allegation of mistaken identity. If OIG responds
that the warrant does not belong to the beneficiary, resume benefits on the FFEL,
based on Good Cause Reason “MID.” For Title XVI cases, reinstate according to the
due process policies in SI 02301.300 - SI 02301.320.
For additional instructions on resuming benefits from fugitive felon suspension status,
see GN 02613.600.
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3
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Review the MBR, SSID, and NUMIDENT to determine if the beneficiary’s SSN, name, date
of birth and place of birth are the same on SSA’s records, as they are on the FFWQ.
Check the warrant issuing State on the FFWQ against the MBR address.
NOTE: If the States are different, there is a possibility that the beneficiary is not the
individual for whom the warrant was issued.
If the identity information is discrepant and the beneficiary alleges that he or she
was never in the State that issued the warrant, or that he or she was never in that
State around the time the warrant was issued, further investigation of the identity
of the individual on the warrant is required. Go to step 4.
Or,
If the beneficiary provides sufficient information or evidence when he or she contacts
SSA to protest his or her suspension, and the evidence proves that the beneficiary
is not the individual for whom the warrant was issued, resume benefits. Go to step 8.
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4
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Refer the case to OIG via email to: ^Fugitive Felon. In the Subject Line of the email,
include your DO or PC code. Provide the facts of the EVS code of “A” or identity mismatch
case situation (see information to include in the email message per GN 02613.150B.1., step 2, in this section) to OIG and ask them to investigate the identity of the
individual on the warrant. Go to step
5.
Check RPS in each case where the beneficiary or claimant has an outstanding felony
warrant, to determine if he or she is serving as a representative payee.
Effective April, 2005, persons having an outstanding felony warrant are prohibited
from serving as a payee. There are no exceptions to this prohibition, see GN 00502.133, Payee Applicant is a Felon or Fugitive or Has Been Convicted of Other Criminal Acts.
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5
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OIG sends an email to the SSA FO that submitted the request, with the results of its
investigation.
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6
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If the warrant belongs to the beneficiary, go to step 7.
If the warrant belongs to another individual, and not the SSA beneficiary, go to step
8.
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7
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Warrant belongs to the beneficiary
Check the WARRANT SOURCE INFORMATION on the FFWQ screen on the FFSCF.
If the WARRANT SOURCE INFORMATION is: LEA Batch File or OIG Initiated or FFAP Record,
post PROTEST DENIAL CODE = 2 on the FFDG screen. The suspension automatically passes to the T2 system when the next batch run expires.
Suspension of benefits automatically occurs at the DUE PROCESS MATURITY DATE (even
if this date is in the past at the point of case processing). For instructions on
this type of action for Title XVI cases, see SI 00530.000.
Or,
If the WARRANT SOURCE INFORMATION is: Third Party Report, update the FFSCF on the
FFDG screen with a code of 2=PROTEST DENIAL, use the FFEL system to suspend benefits,
per MSOM COMMON 005.035. (For Title XVI cases, also see SI 00530.015C.7.
The suspension and overpayment notices are automatically generated by the T2 notice
system.
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8
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If the warrant does not belong to the beneficiary, go to the FFSCF, FFDG, and enter a PROTEST DISPOSITION 1 = PROTEST APPROVED and
a GOOD CAUSE ESTABLISHED “Y,” GOOD CAUSE REASON “MID.”
Do not prepare a Good Cause Determination, per GN 02613.025C.6. (Good Cause Provisions).
Send a notice to the beneficiary that explains that SSA did not identify the correct
individual on the warrant, and that benefits are not suspended because the beneficiary
is not the individual identified on the warrant. For suggested language to use in
this notice to the beneficiary, see NL 00755.700.
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