Effective Dates: 08/05/2022 - Present Previous | Next

TN 11 (08-22)

SI 00530.420 Can I Use Reports of Fugitive Status From Other Third Parties to Suspend Payments?

NOTE: Refer to the chart for the action required.

Court Case

Action

Martinez Settlement

On April 1, 2009, SSA changed its policy of not paying fleeing felons. Follow the instructions below only for felony warrants with offense codes 4901, 4902, or 4999. Follow the Martinez settlement instructions in GN 02613.860 – GN 02613.885 for all other felony warrant codes.

Clark Court Order

On May 9, 2011, SSA changed its policy and no longer suspends or denies benefits or payments based solely on a probation or parole violation warrant (i.e., warrants with offense codes 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation”). Follow the Clark Court Order instructions in GN 02615.100 – GN 02615.190 for all probation or parole violation warrants.

We will make additional changes to this section, as necessary, in the future.

A. Policy

Reports of fugitive status received from a source other than law enforcement (neighbor, co-worker, newspaper article, rival, etc.) will be investigated to determine if the individual is an SSI recipient and, if so, whether SSI payments should continue. Before taking any action to stop payments, it is important to ensure that the individual is an SSI recipient, an arrest warrant has been issued and, if a fugitive, that the crime for which he or she is wanted is a felony or, 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 imposed under the laws of the place from which the warrant is issued.

Do not contact the SSI recipient to verify the accuracy of third party reports of fugitive status.

B. Procedure

Use the NUMIDENT and the SSR to determine/verify the individual’s SSN and to establish that he or she is receiving SSI payments.

1. Name of warrant issuing agency is known

If the reporter can provide the name of the law enforcement agency or court that issued the warrant, contact the agency or court to determine the nature of the warrant and the date of issuance. Suspend benefits and issue a manual notice per instructions in SI 00530.017.

(See SI 00530.430 for processing instructions.)

If the agency or court is unable or unwilling to supply the information, refer the case to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your District Office (DO) code. Include in your referral a remark to alert OIG that SSI payments are continuing pending their determination. Also include pertinent information about the purported crime to help OIG to locate the warrant.

2. Name of warrant issuing agency is not known

If the reporter has sufficient information to indicate that the SSI recipient would be ineligible for benefits if the report were confirmed, but does not know the name of the law enforcement agency or court that issued the warrant, or whether a warrant was issued, refer the case to OIG using the fugitive felon mailbox address, ^Fugitive Felon. In the Subject Line of the email, include your District Office (DO) code. Include in your referral a remark to alert OIG that SSI payments are continuing pending their determination. Also include pertinent information about the purported crime to help OIG to locate the warrant.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500530420
SI 00530.420 - Can I Use Reports of Fugitive Status From Other Third Parties to Suspend Payments? - 08/05/2022
Batch run: 08/05/2022
Rev:08/05/2022