Beginning with SSI applications taken on or after October 23, 2000, each applicant,
except as noted below, must answer questions about whether or not he or she:
has been accused or convicted of a crime, or an attempt to commit a crime, which is
a felony, or in jurisdictions that do not define crimes as felonies, is punishable
by death or imprisonment for a term exceeding 1 year regardless of the actual sentence
is subject to a condition of parole or probation under Federal or State law.
These questions will apply to the period of time for which the application is effective.
If either question is answered “yes,” more information is required. (See SI 00530.140A.3. and SI 00530.140A.4.)
NOTE: Absent evidence to the contrary, it can be assumed that children under 13 years
old do not meet the definition of fugitive felon or parole/probation violator and
therefore, SSA will not have to ask the fugitive felon questions. This guidance should
be applied to both Title II and Title XVI.