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.
