I previously wrote about how Social Security stops benefits for fleeing felons. However, there has been considerable litigation across the country regarding what constitutes a “fleeing felon.”
Social Security changed its definition of “fleeing” due to a settlement in the nationwide class-action lawsuit.
The April 2009 issue of capital NOSSCR Social Security Forum has a lengthy discussion of this:
Under the POMS [a set of regulations which govern Social Security procedures], the mere fact that a warrant is active or outstanding, amounts to a “fleeing” determination by SSA, with no effort to determine the individual’s intent to avoid law enforcement and prosecutors intent to pursue the individual.
….
The settlement provides that SSA will change its policy from April 1, 2009, going forward. Effective immediately, SSA will suspend or deny benefits only if the individuals outstanding felony warrant was issued for one of the following three offenses, which are directly based on the concept of “fleeing”:
- Escape (offense code 4901)
- Flight to avoid prosecution, confinement, etc (offense code 4902)
- Flight-escape (offense code 4999)
….
Relief will be provided to those whose benefits have previously been suspended or denied.
SSA will cease collecting overpayments based on challenged policy and will repay full retroactive benefits to individuals been suspended or denied as of January 1, 2007, or who had a live administrative claim pending on this issue on August 11, 2008, and who continue to be otherwise eligible for benefits.
SSA will send a notice to anyone who had benefits suspended or denied since January 1, 2000.
…
Note: [This] settlement applies only to nonpayment provisions for “fleeing felons.” Nonpayment provisions will continue to apply to those who violate their probation or parole.
Basically, Social Security is agreeing to consider the individual’s intent in determining whether an individual is a “fleeing felon.”
This suggests that simply having an outstanding felony warrant might not be enough for Social Security to discontinue benefits. However, this has been a hotly litigated area of the law. While this is a very favorable determination for anyone who had their benefits stopped due to the “fleeing felon” rule, the issue may not yet be settled.
i have a warrent in FL that is 17 years old,now if i could get to FL i would turn myself in but FL will not come and get me now i have no ssi and going to be homeless and lose my kids
the gov sucks
I too have been hit with an “overpayment” claim by the SSA. They claim that I had a warrant for my arrest out of Fla. since 1984, but they have nothing to support that claim. I contacted Fla. and they said that they didn't want me. AND they sent a letter to the Denver field office saying that. (It has since been learned by me that that letter was destroyed by a workerin the Denver office)! I have had to appeal everything that they have sent me—with copies stamped received by them. I have obtained the services of an attorney. Now my attorney finds out that they haven't processed one item of my appeals, nor even filed them on the SSA computer system. The attorney called the regional office in Kansas City—the K.C. office has taken over the case, and it is a mess!
Any comments on this? Have you heard of anything like this? Any action against SSA on my part?
Bob,
I hear you, and I am working on kicking Social Securities …, I printed your comments and will contact you, via this website, when the moment is right. I expect to move forward in a couple weeks … it is going to be awesome …
Nick
i have a felon in FL thay will not come get me and i have no way to go down to FL from MAINE, I all so have sent a letter to the district aturny stateing that it would not be posabul to go down to FL, the letter came from my mentel helth worker.
what can i do, plese help me
ant luck yet bob
Bob,
Social Security is Denying you Procedural Due Process. Look it up, then tell your lawyer to sue Social Security for it. I am trying to get a CLASS ACTION SUIT for the same thing. If I am successful, you would be part of this suit.
Nick
Why does it take so long for the Bureau of Prisons to notify government agencies that an outstanding warrant exists on a beneficiary. Notification takes a FEW years and by the time the beneficiary is notified, they are indebted to the government for thousands and thousands of dollars? If the “Bureau” can do their notifications on a more timely basis, someone else should have to eat the overpayment, not the recipient of the benefit. Furthermore, how come every state has their own interpretation of the law.
Why does it take so long for the Bureau of Prisons to notify government agencies that an outstanding warrant exists on a beneficiary. Notification takes a FEW years and by the time the beneficiary is notified, they are indebted to the government for thousands and thousands of dollars? If the “Bureau” can do their notifications on a more timely basis, someone else should have to eat the overpayment, not the recipient of the benefit. Furthermore, how come every state has their own interpretation of the law.
I've won my case in GA. rep myself only to fine out a warrent issued in CA.some 13 years ago, but i left to take care of my mom in OH. Now their keeping my money i need legal help. Im in OH.
Received a letter from SSA in November saying “We have input the warrant dismiisal. This action willremove the suspension from your record, thus, the overpayment that resulted from the suspended months from 2007-2009 will be eliminated.”
Another line from the letter says “A request for immediate action has been sent to the payment center to resolve the reconsideration for the debt (overpayment) and issue you corrected notices.”
According to my attorney–I won. Now we will wait to see if the SSA will make the back payments for the month that I didn't receive.
how did you win, did you have to take care of your warrents and did you get
your ssi back
In a message dated 12/25/2009 3:24:32 P.M. Eastern Standard Time,
writes:
Bob (unregistered) wrote, in response to tippy1965:
Received a letter from SSA in November saying “We have input the warrant
dismiisal. This action willremove the suspension from your record, thus, the
overpayment that resulted from the suspended months from 2007-2009 will be
eliminated.”
Another line from the letter says “A request for immediate action has been
sent to the payment center to resolve the reconsideration for the debt
(overpayment) and issue you corrected notices.”
According to my attorney–I won. Now we will wait to see if the SSA will
make the back payments for the month that I didn't receive.
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If you read below of the description of the problems I had, along with the problems of getting the employees at SSA simply to do their job–my attorney thinks that (the SSA employees failing to do their job properly) is the reason that the SSA has withdrawn its complaints against me. The employee problems got so bad that the Regional office in Kansas City took over the case–and after they did, my “fleeing felon” problems seemed to disappear. In fact, my attorney has my case penciled in for March 10th–if the SSA doesn't get something done by then to reimburse me for the monies I wasn't paid–He will call the local manager and start getting serious with her. Maybe go back to the Regional office–they seem to listen. F.Y.I., during the 25 years that the fleeing felon complaint was on the books–I was employed by several railroads, got my drivers license on the due date, got my passport renew at the due date, was even hired by a Air Cargo company which entailed a background investigation by (of all agencies), the U.S. Department of Homeland Security.
Message to tippy1965: Florida will NOT extradite for anything unless it is a murder charge or child molestion case. If you can–get Florida to write a letter saying that they will not extradite. Along with a letter from your doctor saying that it would be harmful to your health to travel. And get an attorney–one who specializes in SSA law–there are non-profit law firms in Maine
If you read below of the description of the problems I had, along with the problems of getting the employees at SSA simply to do their job–my attorney thinks that (the SSA employees failing to do their job properly) is the reason that the SSA has withdrawn its complaints against me. The employee problems got so bad that the Regional office in Kansas City took over the case–and after they did, my “fleeing felon” problems seemed to disappear. In fact, my attorney has my case penciled in for March 10th–if the SSA doesn't get something done by then to reimburse me for the monies I wasn't paid–He will call the local manager and start getting serious with her. Maybe go back to the Regional office–they seem to listen. F.Y.I., during the 25 years that the fleeing felon complaint was on the books–I was employed by several railroads, got my drivers license on the due date, got my passport renew at the due date, was even hired by a Air Cargo company which entailed a background investigation by (of all agencies), the U.S. Department of Homeland Security.
Message to tippy1965: Florida will NOT extradite for anything unless it is a murder charge or child molestion case. If you can–get Florida to write a letter saying that they will not extradite. Along with a letter from your doctor saying that it would be harmful to your health to travel. And get an attorney–one who specializes in SSA law–there are non-profit law firms in Maine
hi i had a fleeing felon in FL but i went down to take care of it becuse FL would not come get me thay took my ssi ssdi away for 6 months can i get any of that back
help me with my sute
Tomasz–please discuss the Clark ruling. Yes, I know it has been kicked back to a lower court by the Court of Appeals, but the Appeals Court did rule that a VOP “is not a criminal matter”–just an administrative one. The NSCLC site has a great discussion.
You mean this discussion?
http://www.nsclc.org/areas/social-security-ssi/...
Yeah, I was wondering about your local views on the subject–the NSCLC was one of the litigants, (so their aspect of things may be a little cocked). It may actually effect my problem with the SSA.
You already know it's a 2nd Circuit case. So, at best, it applies only in Connecticut, Vermont and New York. It may be used for it's “persuasive” value in other circuits, but it is not precedent — other circuits are not required to follow it.