Title II Benefits (Retirement, Survivors or Disability)
Keywords
Background
Beginning January 1, 2005, Social Security will not pay Title II benefits (Retirement, Survivors or Disability) to any individual who has an unsatisfied warrant for a felony crime, or an attempt to commit a felony crime. Payment is also prohibited if the unsatisfied warrant is for a violation of Federal or State probation or parole. However, payments may continue to be made if the beneficiary can show good cause for not satisfying the warrant.
This subchapter provides the policy, procedures and general guidance for when a beneficiary or claimant has an unsatisfied warrant. It includes information on evaluating the warrants, determining if good cause exists to continue payment and both the suspension and reinstatement processes.
Summary of Changes
GN02613.001 How Fugitive Status Affects Title II Benefits This new section provides background information on the new Title II fugitive felon and probation and parole violator suspension provisions.
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GN02613.010 Title II Fugitive Suspension Provisions This new section provides information on suspending Title II benefits to beneficiaries with unsatisfied warrants.
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GN02613.025 Good Cause Provisions This new section explains how to determine if there is good cause to continue payments to a person with an unsatisfied warrant.
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GN02613.050 Initial Claims — Determining Fugitive Status This new section provides two new questions to be asked with initial claims to determine if an unsatisfied warrant exists and if it does, whether fugitive suspension applies.
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GN02613.150 Receiving and Processing Warrant Information This new section describes how SSA receives, evaluates and processes warrant information.
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GN2613.160 Completing the Fugitive Felon Feedback Form (OI-5E) This new section describes how to complete the Fugitive Felon Feedback Form (OI-5E).
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GN02613.175 Obtaining Missing Warrant Information This new section explains how to obtain information that cannot be derived from existing SSA information or from the beneficiary
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GN02613.250 Warrants from Other Countries This new section explains how to process unsatisfied warrants from other countries.
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GN02613.450 Protest of Suspension/Deferral of Overpayment Recovery This new section provides instructions on processing protests to suspension of benefits.
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GN02613.500 Reinstating Benefits This new section explains how to reinstate benefits when the warrant has been satisfied.
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GN02613.600 Beneficiary Erroneously Suspended – Resume Benefits This new section explains how to resume benefits when benefits were suspended in error.
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GN02613.740 Field Office Security Measures This new section describes security measures that SSA offices will implement to protect its employees against harm from individuals with unsatisfied warrants.
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GN02613.760 Processing T2R Suspension Exception Cases from POS/LEGI This new section explains how to process exceptions from processing through T2R POS/LEGI. It also explains how to process when the regular suspension process cannot be used to suspend benefits.
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GN02613.770 PSC/OCO-ODO Processing of T2R Suspension Exceptions from POS/LEGI This new section explains how the PSC/OCO-ODO will process cases received via the 2795 Fugitive Felon Fax process when a suspension action does not work using POS/LEGI.
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GN02613.780 Exclusions to Reinstatement Processing This new section explains how the PSC/OCO-ODO will process cases received via the 2795 Fugitive Felon Fax process when a reinstatement action does not work using POS/LEGI.
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GN02613.900 Offense Code Categories for Violent and Drug Related Crimes This new section provides listings of crime categories that are considered by the Department of Justice to be violent and drug related.
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GN02613.910 Medical Impairment Codes for Good Cause Decisions This new section provides disability diagnosis codes and descriptions for the impairments SSA may use to establish good cause based on mental impairments.
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GN02613.915 Law Enforcement Action Codes on the Fugitive Felon Investigative Summary Report (OI-5D) This new section describes the law enforcement action codes that SSA will receive on the Fugitive Felon Investigative Summary Report (OI-5D) (warrant referral) from the Office of the Inspector General (OIG).
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GN02613.920 Fugitive Felon Indicator on the Investigative Summary Report (OI-5D) This new section describes the fugitive felon indicator codes that SSA will receive on the Fugitive Felon Investigative Summary Report (OI-5D) (warrant referral) from the Office of the Inspector General (OIG).
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GN02613.930 Good Cause Reasons This section provides the reasons SSA will grant good cause and the abbreviated 3 digit format that represents each reason. |
GN02613.940 Fugitive Advance Notice Requirements This new section provides information on when advance notice of proposed suspension is needed and who receive those notices.
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GN02613.960 Fugitive Felon Notices and Paragraphs This new section will be reserved for the notices and paragraphs used for fugitive suspensions.
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GN02613.980 2795 Fugitive Felon Processing Exclusion Fax Instructions This new section explains how to use the 2795 Fugitive Felon II Fax process when suspension, reinstatement or resumption actions do not process through POS/LEGI.
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GN 02613.990 Fugitive Felon Regional Contacts (RFFC) This new section provides contact information for the regional fugitive felon coordinators.
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GN02613.995 Fugitive Felon PSC/OCO-ODO Contacts This new section provides contact information for the PSC/OCO-ODO fugitive felon coordinators.
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02613.001 How Fugitive Status Affects Title II Benefits
A. BACKGROUND
In August 1996, Public Law 104-193 precluded eligibility for SSI benefits for certain fugitives and probation or parole violators. An individual receiving SSI and Title II concurrently continued to receive the Title II benefits even though the SSI payments were suspended. The Social Security Protection Act (SSPA) of 2004 extends the fugitive felon nonpayment provision to Title II beneficiaries beginning January 01, 2005.
Section 202(x)(1)(A) of the Social Security Act, as amended by P.L. 108-203, provides that, beginning 01/01/2005 no monthly benefits will be paid to any individual for any month during which he/she has an unsatisfied Federal, state or international law enforcement warrant for:
· A crime, or attempted crime, that is a felony or, in jurisdictions that do not classify crimes as felonies, a crime that is punishable by death or imprisonment for more than one year (regardless of the actual sentence imposed); or
· Violation of a condition of probation/parole imposed under Federal or State law.
Section 202(x)(1)(B) of the Act, as amended by P.L. 108-203, provides that payments may be paid if good cause exists. Good cause may exist if:
- A court finds that the individual was not guilty of the crime; or
- Charges relating to the criminal offense are dismissed; or
- The warrant for arrest is withdrawn; or
- The individual was erroneously implicated in the criminal offense because of identity fraud; or
- The offense underlying the warrant was both nonviolent and not drug related and the individual establishes that mitigating circumstances exist.
NOTE: If the beneficiary is suspended because of the fugitive felon suspension provisions mentioned above, benefits to the other members of the household in which the fugitive felon beneficiary reside will not be readjusted for the maximum.
B. DEFINITIONS – FUGITIVE FELON, PROBATION AND PAROLE TERMINOLOGY AS USED IN THESE INSTRUCTIONS
Acquitted – This means the person was cleared of criminal charges or found not guilty of the criminal charges.
Felony – This is a crime more serious than those designated as misdemeanors. It is any offense punishable by death or imprisonment for a term exceeding one year.
Fugitive – This is any person with an unsatisfied warrant for:
· A crime, or attempted crime, that is a felony or, in jurisdictions that do not classify crimes as felonies, a crime that is punishable by death or imprisonment for more than one year (regardless of the actual sentence imposed); or
· A violation of Federal or State probation/parole.
The person does not have to be actively hiding or evading the law in any way for these provisions to apply. The existence of the unsatisfied warrant is the only criterion necessary.
Good cause – This means that facts and evidence have provided a rational basis for performing a certain action. In this subchapter it means that we have established a basis for continuing to make benefit payments even though there is an outstanding warrant that would normally merit suspension.
Mitigating circumstances – These are facts and situations that can be used by SSA to find good cause to pay benefits even while the warrant is unsatisfied.
Parole – This is the status of a convicted person who has served part of a sentence and is then released from a correctional institution for a stipulated period on condition that he/she will conduct himself/herself in a manner approved by a special officer to whom he/she must make periodic reports.
Probation – This is the status of a convicted person who is allowed to remain free after conviction subject to the condition that, for a stipulated period, he/she will conduct himself/herself in a manner approved by a special officer to whom he/she must make periodic reports. Probation is release by the court before the sentence has to be served in a correctional institution by the individual.
Unsatisfied Warrant - This means that the person is being sought in connection with a crime or violation. If the person presents evidence that he or she has satisfied the warrant this suspension process does not apply to him or her. A warrant is satisfied when the person is arrested and has surrendered him or her self to the applicable law enforcement official and is awaiting trial or a judge dismisses the warrant. (See GN 02613.010.A.4. for additional information on warrants.)
02613.010 Title II Fugitive Suspension Provisions
A. POLICY
1. When Benefit Payment is Prohibited
Unless good cause is found (see GN 02613.025), payment is prohibited for any month in which a beneficiary (including juveniles) has an unsatisfied warrant for:
· A crime, or attempted crime, that is a felony or, in jurisdictions that do not classify crimes as felonies, a crime that is punishable by death or imprisonment for more than one year (regardless of the actual sentence imposed); or
· Violation of a condition of Federal or State probation/parole.
2. Suspension Effective Date
Suspend benefits beginning with the month the unsatisfied warrant was issued, but not before 1/2005.
3. Suspension Ending Date
The suspension will end and benefits will resume in the month after the month the warrant has been satisfied. In most cases this will be the month after the fugitive surrenders to or is apprehended by the proper law enforcement officials.
4. When a Warrant is Satisfied
Warrants (containing either a single charge or multiple charges) are satisfied in one of three ways:
· The subject is arrested; or
· The subject surrenders to law enforcement; or
· A judge dismisses, vacates, cancels, or otherwise voids the warrant.
The satisfaction of a warrant is separate and distinct from the satisfaction of the charges outlined in the warrant.
5. Charges on the Warrant
Charges or violations of probation/parole are satisfied through courts of law or by a probation/parole board. Satisfying a warrant does not satisfy the charges outlined in the warrant. For example, the police arrest an individual on a felony warrant for robbery. A judge releases the individual with a $10,000 bond and sets a court date in the future. The individual's warrant has been satisfied (fugitive suspension no longer applies), but his charges remain unsatisfied in the judicial system until a trial takes place and a judge or jury decides on guilt or innocence, a plea agreement is arranged, or the charges are dropped by the prosecutor. In this same example, if the individual with the $10,000 bond flees and does not appear at trial, a separate warrant for “Failure to Appear” would be issued for his arrest (fugitive felon suspension applies).
6. Law Enforcement Terminology for Satisfying a Warrant
When a warrant is satisfied, other terms may be used such as rescinded, quashed, recalled, vacated, etc. These terms mean that the warrant was satisfied and is no longer outstanding. These terms are generally used to indicate the warrant was issued properly and was in force for a specified period of time before being satisfied. Suspension is appropriate for the period of time the warrant was unsatisfied because these terms do not mean that the warrant was not a valid warrant. In rare situations, a warrant may be withdrawn if it was erroneously issued in a case of mistaken identity. In these situations, contact OIG for assistance to resolve identity of the person named in the warrant. (See GN 02316.150B.3. for information on referring questions on warrants.) OIG will coordinate with the law enforcement (LE) agency to determine if the beneficiary is the person identified in the warrant and whether the warrant was proper or issued in error.
B. PROCEDURE – ADVANCE NOTICE BEFORE SUSPENSION
If good cause could not be established (see GN 02613.025 for the reasons good cause may be established), process as follows:
Steps | Actions on Records and Evaluation of Information on Records |
1 | · Prepare and send advance notice to the beneficiary or the payee for post-adjudicative cases. See GN 02613.940 for advance notice language. · Send advance notice to the address of record on the MBR. Do not change the mailing address of the beneficiary unless the beneficiary/rep payee personally requests it. |
2 | Tickle the case-- for 35 days from date indicated in notice. Recall tickle when 35 days have passed. NOTE: If a protest to the suspension is received before action is taken to suspend benefits, process the protest per GN 02613.450. |
3 | · Suspend benefits per GN 02613.010D. using POS/LEGI screen. · Add a special message field to the MBR with: “FF2 Probation/Parole Violator Suspension – Warrant #, Date of Warrant: XX/XX/XXXX, Type of Warrant: XXXXXX; Offense Code: XXXX. Good Cause Does Not Apply” |
4 | Complete SSA Feedback Form (OI-5E) per GN 02613.160. |
5 | Prepare suspension notice to the beneficiary and add overpayment language, if appropriate. NOTE: POS will generate an incomplete notice that will require additional paragraphs to complete the notice. |
C. PROCEDURE - DEVELOPING REPRESENTATIVE PAYEE SUITABILITY
Check RPS in each case where the beneficiary/claimant has an outstanding felony warrant to determine if he/she is serving as a representative payee. Prior to 4/2005, suitability as a payee must be developed in these situations. If it is determined that the fugitive felon is an appropriate payee, document RPS to reflect this determination and recall the case on 4/1/2005.
Effective 4/2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition. Refer to GN 00502ff.
D. PROCEDURE – SUSPENDING BENEFITS USING POS/LEGI
1. Using POS/LEGI
Use the POS system (see MSOM 197-V for systems processing instructions for the LEGI screen) to suspend benefits from LAF C to LAF S9 for the beneficiary. Follow the instructions in the chart to suspend benefits.
STEPS | ACTIONS |
1 | From the POS path, select #5 MISC SUSP/TERM/REINSTATE on PESL and LEGISLATIVE DECISIONS – SUSP/REINST (LAF-S9) from (PEST) or Enter LEGI in the “TRANSFER TO” field on any POS common screen when a LEGI screen has previously been completed. |
2 | NOTE: Use this step when suspending benefits before or after the current operating month (COM month) and after Advance Notice of Planned Suspension is sent to the beneficiary. A date entry after COM can only be used for cases that are in Advance File status. If the suspension month is equal to COM, go to step 3.
The suspension start month is the warrant date, input a month equal to the warrant date month in the LEGISLATIVE SUSPENSION EFFECTIVE MONTH unless this date is earlier than 1/2005 or the DOEI for the beneficiary. Annotate “N” in the LEGISLATIVE SUSPENSION EFFECTIVE WITH THE CURRENT MONTH field on LEGI screen. Add date (MM/CCYY) that benefits should be stopped in the IF NO, LEGISLATIVE SUSPENSION EFFECTIVE MONTH (MMCCYY).
Skip to step #4. |
3 | NOTE: Use this step for suspensions effective with the current (COM) month. Use LEGISLATIVE SUSPENSION EFFECTIVE WITH CURRENT MONTH only if the warrant date equals the current (COM) month at the time that the POS input is processed. Annotate “Y” in the LEGISLATIVE SUSPENSION EFFECTIVE WITH CURRENT MONTH field on LEGI screen Go to step #4. |
4 | Annotate SELECT REASON FOR LEGISLATIVE SUSPENSION field with “2” |
5 | Tickle the case for 7 workdays until the action is updated to the MBR. If the suspension action does not work, the suspension must be done via MACADE. See GN 02613.010D.2. |
NOTE: When POS/LEGI does not process the suspension action an exception occurs in T2R processing, a PCACS control will generate to the appropriate PC/OCO-ODO for suspension processing through MACADE.
2. When POS/LEGI Does not Work
See GN 02613.760 for instances where the POS/LEGI may not process the suspension correctly.
STEPS | ACTIONS |
1 | Prepare a Fugitive Felon Fax Form. (See the Fugitive Felon Fax Form and instructions in GN 02613.980.) Notify the PSC/OCO-ODO to suspend benefits to the beneficiary and the date the suspension should begin. |
2 | Fax the form to the PSC/OCO-ODO that has jurisdiction over the beneficiary’s SSN for action on the form. |
3 | Tell the PSC/OCO-ODO to send the appropriate suspension notice to the beneficiary. |
4 | Tickle the case via MDW for 5 working days. Check the MBR after 5 working days to ensure that benefits have been suspended LAF S9 with an RFST of LEGIS2. Call the PSC/OCO-ODO when the diary matures and there is no suspension per GN 02613.980B. |
5 | Forward all case materials to be associated with the folder after suspension has taken place for the beneficiary. Do not fax material. Annotate the material “Fugitive Felon II Suspension Processed—Drop File Material. “ Mail the documentation to the jurisdictional PSC/OCO-ODO address. |
E. PROCEDURE - COORDINATING FUGITIVE AND PRISONER SUSPENSIONS
1. Title II Only Cases
If the fugitive (LAF S9 an RFST LEGIG2) and the Prisoner Suspension (LAF S7, RFST OF PRISON, MENTAL OR PREDTR) are both being processed simultaneously, process the PRISON suspension first. The Prisoner suspension must be processed before the fugitive suspension in order to automatically pay the incentive payment if one is due a participating correctional institution.
a. Beneficiary is Arrested and Confined in a Correctional Institution, But Not Convicted of a Crime
When a beneficiary is arrested by the law enforcement agency that issued the warrant and then is confined in a correctional institution awaiting trial, fugitive felon suspension status ends with the month after the month of the beneficiary’s arrest. Once the law enforcement agency that issued the warrant for the beneficiary’s arrest, does in fact arrest the beneficiary, the warrant has then been satisfied.
Continuing confinement in a correctional institution after the beneficiary’s arrest, while he/she is awaiting trial, does not cause the beneficiary to be suspended for prisoner suspension. The beneficiary is not convicted of a criminal offense until he/she goes to trial and is judged and sentenced for his/her crime. Once the beneficiary is convicted and sentenced to confinement for more than 30 consecutive days, prisoner suspension would apply from the date of conviction/confinement forward. See GN 02607.000ff for the prisoner suspension provisions.
b. Beneficiary is Arrested and Confined in a Correctional Institution, Additional Warrants Are Unsatisfied For the Beneficiary
When a beneficiary, who has more than one unsatisfied warrant, is arrested by the law enforcement agency that issued one of the unsatisfied warrants for the beneficiary, the warrant issued by the arresting law enforcement agency has been satisfied. The remaining unsatisfied warrants for the beneficiary remain unsatisfied until the beneficiary satisfies the remaining unsatisfied warrants. In this instance the beneficiary will be subject to the fugitive felon/probation or parole violator suspension provisions until the remaining unsatisfied warrants have been satisfied or good cause can be found for not satisfying the remaining unsatisfied warrants. See GN 02613.010 for the fugitive suspension provisions and see GN 02613.025 for the good cause provisions.
Each remaining unsatisfied warrant will be evaluated per GN 02613.010 and GN 02613.025 to determine if suspension will apply for each or the unsatisfied warrants.
2. Concurrent Title II/Title XVI Cases
When a beneficiary with an unsatisfied warrant is concurrently entitled and is arrested and subsequently convicted and confined, the Title II fugitive suspension and the SSI N25 fugitive felon status must be coordinated with the Title II prisoner suspension and the SSI N22 prisoner status.
Step 1
SSI Suspension processing: |
The N22 prisoner suspension and the Title II prisoner suspension must be processed first before the N25/Title II fugitive suspension so that prisoner incentive payments are made to the correctional institution. |
On MSSICS cases, separate inputs must be made to the PUPS system with an ACTION CODE of "6"– Change Information Only" and an effective date on the "PU16" screen in PUPS, and the MSSICS screens to post the proper living arrangement data to generate PS N22. See the PUPS Processing Guide at DalNet on the Center for Disability page at:http://phapps.ph.ssa.gov/searchnew/IndexPosList.asp?TopicID=1137&Type=&ReqList=TAll |
NOTE: If the individual's benefits are already suspended due to incarceration or institutionalization (N22/N02), do not overlay with PS N25. |
Title II Prisoner Suspension processing: |
Process the Title II prisoner suspension per GN 02607.700. |
Step 2
SSI N25 Fugitive Felon Suspension Processing |
Post the N25 only for the retroactive period that the individual was a fugitive before incarceration or institutionalization. |
Title II Fugitive Suspension |
Title II fugitive suspension should be processed per GN 02613.010. |
02613.025 Good Cause Provisions
A. INTRODUCTION
Effective January 2005, the SSPA of 2004 provides a mandatory “good cause” exception authorizing the Commissioner to continue to pay an individual’s benefit, and/or repay any previously withheld benefit under certain specified circumstances. The SSPA also gives the Commissioner the discretionary authority to find good cause for not suspending an individual’s benefit and/or repay any previously withheld benefits based on mitigating circumstances if the individual establishes that the offense underlying the warrant and imposition of the probation or parole (as well as the violation of probation or parole) was both nonviolent and not drug-related.
SSA will evaluate the reasons why a beneficiary did not satisfy his/her warrant. This includes analysis of the incoming warrant information, verification of the warrant information by the Office of the Inspector General (OIG), information provided by the beneficiary, and review of the beneficiary’s Social Security records. This evaluation will determine whether there is good cause to continue payments. First we look for mandatory good cause. If that is not found we look for good cause based on mitigating circumstances (i.e., discretionary good cause) where the beneficiary, generally, requests SSA to consider a good cause reason for not satisfying his/her warrant and provides evidence to substantiate his/her claim for good cause.
NOTE: The fugitive felon good cause provisions described in this section apply to both Title II and Title XVI benefits.
B. POLICY
1. Mandatory Good Cause
SSA will not suspend an individual’s benefits if either:
a. A court of competent jurisdiction has:
· Found the individual not guilty of the criminal offense or probation/parole violation; or
· Dismissed the charges relating to the criminal offense or probation/parole violation; or
· Withdrawn the warrant for arrest of the individual for the criminal offense or probation/parole violation; or
· Issued any similar exonerating order or taken similar exonerating action (e.g., the criminal offense on which the warrant is based is either no longer considered a crime punishable by death or confinement of more than one year or no longer enforced).
Or
b. The individual was erroneously implicated in connection with the criminal offense or probation or parole violation based on identity fraud.
1. Discretionary Good Cause
If good cause cannot be found based on mandatory criteria, the beneficiary will be given the opportunity to establish good cause based on mitigating circumstances. Good cause based on mitigating circumstances will be found if the factors in either Option A or Option B are met. If the required factors are not present on the warrant or in SSA records, SSA cannot establish good cause unless the beneficiary provides the necessary evidence.
a. Option A
Find good cause if:
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b. Option B
Find good cause if: |
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3. When Good Cause My Be Requested and Established
a. Mandatory Good Cause
Beneficiaries may request mandatory good cause at any time. The time for making this request is not limited by Administrative Finality.
b. Discretionary Good Cause
Beneficiaries may request discretionary good cause up to 12 months from the date of the Advance Notice of Suspension notifying them of the planned fugitive suspension.
c. Good Cause Establishment Period
Once either mandatory or discretionary good cause is requested, beneficiaries have 90 days from the date of the request to provide the evidence necessary to show good cause. If, at the end of the 90-day period, the beneficiary has not submitted the necessary evidence, good cause will not be found.
4. Proof of Good Cause
The beneficiary must provide evidence to support a claim of good cause for not satisfying a warrant and that evidence must meet the following requirements.
NOTE: For purposes of this procedure “official” means:
· Information about the claimant or warrant is on the letterhead of the court, appropriate law enforcement agency or probation/parole agency that issued the warrant or court document; and
· The person signing the document has knowledge that the facts presented in the letter are correct and have been verified by the issuing agent.
Good Cause Criteria | Evidence Needed |
a. The court found the individual not guilty of the crimes or dismissed the criminal charges or withdrew the warrant. | · A copy of the court docket indicating the beneficiary was found not guilty of the criminal charges or a copy of the court decision showing that he/she was found not guilty of the criminal charges. · A copy of the court docket indicating charges were dismissed or another official court or law enforcement agency document stating that it dismissed the criminal charges. · A copy of the court docket or another official warrant issuing agency document indicating the warrant in question was withdrawn.
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b. The law enforcement agency that issued the warrant reported that someone else used the beneficiary’s identity fraudulently.
| An official document from the court or the warrant issuing agency stating that the warrant was erroneously issued in the beneficiary’s name. |
c. The criminal charges on the warrant are non-violent and not drug related. | An official copy of the arrest warrant. The warrant must include the criminal charges on which the individual is wanted. Evaluate the charges using the chart in GN 02613.900. Other documents, including but are not limited to, a docket, a conviction notice, or a plea agreement.
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For probation/parole violators only.
d. The original criminal charge on which the beneficiary was convicted and granted probation or parole, was nonviolent and not drug related.
| For probation/parole violators only.
Court documents describing the trial proceedings and the criminal charges on which he/she was originally convicted. Examine the criminal charge(s) on the documents and classify the crime by the categories on the chart in GN02613.900. |
e. Was the beneficiary convicted of another felony since the warrant was issued?
| A statement over the penalty clause on the SSA-795 as to whether they have been convicted of or pled guilty to any such crimes since the date of the warrant. |
f. Law enforcement will not extradite the beneficiary or is unwilling to arrest the beneficiary for the warrant. | An official document from the warrant issuing law enforcement agency stating that it will not extradite the individual for the charges on the warrant or that it will not take action on the warrant for his/her arrest. If this information has already been reported on the OI-5D, this documentation is not needed.
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g. The beneficiary is incapable or legally incompetent. | A copy of the court order that appointed a conservator or guardian to handle the beneficiary’s affairs or that declared him/her legally incompetent. If SSA already has this information or the claimant has a representative payee, the documentation is not needed. |
h. The beneficiary is residing in a long-term care facility. | A statement over the penalty clause on the SSA-795 that the beneficiary is residing in such a facility. If SSA already has this information or the claimant has a representative payee, this documentation is not needed. |
C. PROCEDURE
1. Making a Good Cause Decision
a. Make a good cause decision based on the warrant information received from the Fugitive Felon Matching Operation, other information in SSA’s records, and evidence provided by the beneficiary.
b. Prepare a good cause determination per GN 02613.025C.7.
c. If good cause cannot be found based on available evidence, send advance notice of proposed suspension with good cause language to the beneficiary to advise the beneficiary to request good cause and provide evidence of good cause for not satisfying his/her warrant. See GN02613.010D.
2. Evaluation of Fugitive Felon Investigative Summary Report (OI-5D) and Other SSA Records
SSA’s records may contain information that some good cause requirements are already met by the beneficiary. See GN 02613.025D for the source of this information and the specific conditions that show the requirements are met. General information about these sources follows.
a. OI-5D
Some good cause criteria can be determined by reviewing the OI-5D for the following information:
· Type: Fugitive Felon or Parole or Probation Violator
· Date of Warrant: MM/DD/YYYY
· Offense Indicator: XXXX (See GN02613.900 A for offense code category list)
· Law Enforcement Agency Action Indicator: X (See GN 02613.915 for values for this code.)
· Fugitive Indicator X (See GN02613.920 for values for this code.
· Originating Felony Charge(s): Burglary (This field contains information on the original criminal offense on which the beneficiary was convicted before probation/parole was granted.)
· Remarks: Parole Violation (Aggravated Assault). (This field may contain information about the criminal charge that caused the probation/parole violation. It may also include information about other relevant charges.)
b. MBR
· Check the medical diagnosis code if it is a disability claim. See GN 02613.910 for diagnostic codes used for good cause reasons.
· Check the MBR for a REP PAYEE line to determine if beneficiary has a representative payee. (See GN 02613.025B.2.b. for discretionary good cause reasons.)
· Verify if beneficiary has a period of prisoner LAF S7 with RFST of “PRISON,” “MENTAL,” or “PREDTR,” for prisoner suspension on the MBR. This period of suspension may be a clue that the beneficiary was previously incarcerated for his/her underlying crime before he/she was granted probation/parole. If the LAF S7 period is subsequent to the warrant information, the warrant may no longer be active.
c. PUPS
If the unsatisfied warrant is for a probation or parole violation, check the PUPS record for information on the beneficiary’s original offense. Determine the criminal offense and compare it to the list of offense codes in GN 02613.900. If the offense is listed in one of the categories in GN 02613.900, the offense for the underlying criminal charge is considered violent or drug related. If the offense is not listed in one of the categories listed in GN 02613.900, assume the underlying criminal offense before probation/parole was granted was not violent or not drug related. Check the PUPS record to determine if the warrant date precedes the prisoner suspension period. If so the warrant may have been satisfied when the beneficiary was arrested and confined.
3. Multiple Criminal Offenses on the Same Warrant
There may be multiple offense codes listed on the same warrant. One offense code will be listed in the offense code field on the OI-5D. Other offenses will be listed in the Remarks section of the OI-5D. The Remarks section may also contain additional probation/parole violation offense codes. Evaluate each offense independently to determine if good cause applies. If good cause is found for one offense but not for another, good cause is not found and the suspension will begin. For example, a person charged with smuggling diamonds (non-violent felony) and aggravated assault (violent felony) will be suspended based on the violent criminal offense – the aggravated assault.
4. Underlying Criminal Offense for Probation/Parole Violators
If you cannot determine via the Originating Felony Charge(s) on the OI-5D, the PUPS record or other information in the SSA file, the underlying criminal charge for the crime the beneficiary committed before he/she was granted probation/parole, SSA cannot make a determination about the nature of this crime (i.e., if the crime is a felony or a misdemeanor or if it was non violent or not drug related). The beneficiary must provide evidence from the State, county or foreign country in which the crime was committed as to the nature of the crime (i.e. not violent or not drug related) and also the penalty for the crime in order to meet the burden for establishing good cause based on mitigating circumstances.
5. Beneficiary is Deceased
If the OI-5D comes back from OIG indicating LEA code of “K,” (Fugitive Deceased), take the following actions:
STEPS | ACTIONS |
1 | Review the MBR and ensure that the beneficiary is in T1 status. Evaluate whether good cause may apply to the criminal charges on the deceased beneficiary’s warrant. (See GN 02613.025 for the good cause provisions.) |
2 | If: · Good Cause applies process per GN 02613.025E. · Good Cause does not apply-- Suspend benefits S9 per GN 02613.010D for the period of fugitive or probation/parole violation suspension before the date of death. Add a special message field to the MBR with the following: “FF2 Probation/Parole Violator Suspension—Beneficiary Deceased XX/XX/XXXX – Warrant #, Date of Warrant: XX/XX/XXXX, Type of Warrant: XXXXXX; Offense Code: XXXX. Good Cause Does Not Apply” NOTE: Special Message field on the MBR should not be deleted. Post overpayment to ROAR. |
3 | Complete OI-5E per GN 02615.160. |
4 | Do not send notice to a deceased beneficiary. If overpayment exists and a representative payee was contingently liable, send notice to the payee. |
6. Beneficiary Resides in a Long-Term Care Facility
§ For good cause purposes, deem beneficiaries residing in a long-term care facility to be incapable even if they are their own payee. Develop the need for a payee (see GN 00502.000ff.).
§ If the beneficiary leaves the long-term care facility and still does not have a representative payee, reopen the good cause determination and make a new determination based on whether the beneficiary currently meets the good cause requirements.
7. Documenting the Determination
a. Good Cause is Found
If good cause is found:
· Annotate the Special Message field of the MBR with: “FF2--Warrant XXXXXXX, dated MM/DD/YYY, NCIC code: XXXXX ‘GOOD CAUSE WAS ESTABLISHED’ FF2 suspension does not apply.”
· Complete an SSA Feedback Form (OI-5E) per GN 02613.160.
· Annotate the EVID screen on the SHARED Process with the Good Cause Determination explaining the current circumstances and the reason(s) and evidence the beneficiary provides for requesting good cause and SSA’s justification for establishing good cause.
Step 1 | From the Main SSA Menu (SC00), Select SHARED PROCESSES (#4), then enter the SSN and select ESTABLISH, and EVIDENCE (#1) Select Program #1 Select Type # 3 (Unless this is a claims action, then select type #2) Document Submitted as Proof of the Following Event/Issues: Select “Other” Document Event Date: Enter the Date Good Cause Determination was Made |
Step 2 | Skip to Document Type: Enter “FF Good Cause Determination” |
Step 3 | Skip to Comments: Enter: “FF2 Good Cause Determination—Good Cause Applies Based on Mandatory Good Cause/Mitigating Good Cause Circumstances.” |
Step 4 | Input Your Personal identification information in the following fields: · Name · Position · Office Code and include the current date in the date field. NOTE: Go to Step #5. The reason for the good cause decision must be documented to reflect the specific reasons and evidence that was used to find good cause. |
Step 5 | Skip to the field “Additional Evidence” and Enter “Y. Provide the specific type of good cause you are granting the beneficiary (i.e., Mandatory good cause or Discretionary good cause). List evidence used to make good cause determination. |
NOTE: The same good cause determination will apply to Title XVI and Title II if the cases are concurrent. Prepare only one determination.
b. Good Cause is Not Found
If the FO cannot determine if good cause applies for the beneficiary because of insufficient evidence or unknown facts that are reflected on the SSA records or the warrant or after reviewing the SSA records or warrant information, good cause does not apply, process as follows:
Steps | Actions on Records and Evaluation of Information on Records |
1 | Prepare and send advance notice to the beneficiary/representative payee. See instructions in GN 02613.940 for advance notice exhibits. Mail advance notification to the beneficiary/rep payee at the address of record on the MBR. NOTE: Do not send advance notice for LEA code of “K” cases. Include in the notice · the name of the Warrant Issuing Agency and their address · name of the LE office indicated on the warrant, · the date the warrant was issued, and · the appropriate good cause language (see GN 02613.940). CAUTION: Do not change the mailing address of the beneficiary unless the beneficiary/rep payee personally requests it. |
2 | Tickle the case for 35 days after date indicated in notice. Recall tickle when 35 days has passed. NOTE: If a protest to the suspension is received before the SSA technician takes action to suspend the benefits, process the protest per GN 02613.450. |
3 | Suspend benefits via POS/LEGI per instructions in GN 02613.010D. Add a special message field to the MBR and provide the following information in the field: “FF2 Suspension – Warrant #, Date of Warrant: XX/XX/XXXX, Type of Warrant: XXXXXX; Offense Code: XXXX. Good Cause Does Not Apply” |
4 | Complete OI-5E per GN 02613.160. |
5 | Prepare a suspension notice to the beneficiary and add mandatory good cause language, and overpayment language, if appropriate per language in GN 02613.940. NOTE: POS will generate an incomplete letter. Add the fugitive felon suspension paragraphs (see GN 02613.940 for language) and the appropriate overpayment language to the notice. |
D. EXHIBIT - GOOD CAUSE INFORMATION IN SSA RECORDS AND ON THE FUGITIVE FELON INVESTIGATIVE SUMMARY REPORT (OI-5D)
Use the following chart to find Good Cause information in SSA records (MBR) and on the OI-5D.
Good Cause Criteria | Available Information | |
1. Was the warrant dismissed or withdrawn or the individual found not guilty of the violation? | OI-5D --LEA Code: H --Date of Dismissal | |
2. Was the offense non- violent and not drug related? | OI-5D Offense Code: 4-digit code. (See GN 02613.900) if first 2 digits of offense code are not in one of the categories on the chart, assume crime is nonviolent or not drug related. If the crime cannot be categorized because the description is not clear, see GN 02613.175 for instructions. | |
3. Probation and Parole Violators only - Was the underlying criminal offense before probation or parole was granted, non- violent and not drug related? | OI-5D --Originating Felony Charge(s): Burglary, etc. --Remarks: Name of criminal charges for the fugitive
MBR: --History field shows period of LAF S7 and RFST of PRISON, MENTAL, or PREDTR NOTE: The indication of LAF S7 and RFST of PRISON, MENTAL, OR PREDTR only acts as a clue that a PUPS record should exist for the beneficiary.
PUPS --PUPS records shows period of confinement for underlying criminal offense. | |
4. Was the beneficiary convicted of any subsequent criminal charges for crimes that carry a penalty of death or imprisonment for more than 1 year? | OI-5D --Date of Warrant: MM/DD/YYYY (Date LEA issued warrant for the beneficiary’s arrest)
MBR Period of S7 prisoner suspension on MBR. Suspension period starts after date of warrant.
PUPS PUPS record indicates a period of confinement. The confinement date is after the warrant date. A conviction date is on PUPS. The conviction date is later than the date of the warrant. | |
5. Will the law enforcement agency (LEA) that issued the violation warrant extradite the beneficiary or is the LEA willing to act on the warrant?
| OI-5D --LEA Code: code is D
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6. Was the unsatisfied warrant issued 10 or more years prior to the SSA Run Date on the OI-5D? | OI-5D Date of Warrant: MM/DD/YYYY (Date LEA issued warrant for the beneficiary’s arrest) SSA Run Date: MM/DD/YYYY
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7. Does the beneficiary have a mental impairment that that would prevent him/her from resolving the unsatisfied warrant? | MBR DIG Code (XXXX) or SDIB code (XXXX) on DIB data line on the MBR has one of the codes listed in SM 02613.910 | |
8. Does the beneficiary have a rep payee? | MBR RPAYEE Data line shows representative payee. | |
NOTE: If any of the above factors are unknown by SSA or cannot be determined at the time you are reviewing the SSA records or warrant information, process the case per GN 02613.010.D. The beneficiary must provide the evidence or information to make a good cause determination.
02613.050 Initial Claims — Determining Fugitive Status
A. POLICY
SSA must ask applicants about their fugitive status. Specifically, SSA must determine if the claimant has any unsatisfied warrants for felony crimes or if he/she has a Federal or State probation/parole violation warrant.
B. PROCEDURE—FUGITIVE SUSPENSION APPLICATION QUESTIONS FOR ALL SSA TITLE II APPLICATIONS EXCEPT CHILDREN’S APPLICATIONS
NOTE: The fugitive felon application questions are not incorporated into MCS currently. The fugitive felon questions will require the questions to be verbally asked by the SSA technician and responded to by the claimant. The claimant’s responses will be incorporated into the application process as outlined in GN 02613.050B.2.
The fugitive felon questions that must be asked the applicant apply to all Title II claims applications for benefits including in-office contacts, telephone contacts and Internet contacts.
1. Questions to Ask Claimants about Fugitive Status and Claimant’s Response
For SSA purposes, a felony crime equals any crime punishable by a sentence of death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed.
a. Do you have any unsatisfied felony warrants for your arrest?
___Yes
___No
b. Do you have any unsatisfied Federal or State warrants for your arrest for any violations of the conditions of your probation/parole?
___Yes
___No
2. Actions in Response to Fugitive Status Application Questions
Responses to Fugitive Questions (GN 02613.050A.1.) | Actions |
Ques# 1.a - Yes | --Document Answer in order to produce the Application Print Out Statement for the REMARKS Screen in MCS (see GN02613.050B.4. for information on the Application Print Out Statement response). --Ask additional questions about the warrant as listed in GN 02613.050B.3. --Consider good cause per GN 02613.025. --Document these questions and responses on a Development Worksheet. --If claimant does not have the answers at the interview, inform the claimant that he/she must provide SSA with the required information and evidence to establish good cause or fugitive suspension will apply for the applicable period of time. --Tickle for the responses to the questions (i.e., missing information or evidence to establish good cause). --When SSA receives missing information or evidence, make a good cause determination per GN 02613.025. NOTE: All fugitive issues must be resolved before finally adjudicating claim. Forward the claim to DDS for medical determination before resolving good cause issues for fugitive felon suspension. |
Ques #1.a. - No | Document answer and then ask Question 1.b. |
Ques #1.b. - Yes | --Document answer on Development Worksheet. --Ask additional questions about the warrant as listed in GN 02613.050B.3.for the fugitive felon and the additional question under the probation and parole violator questions. --Consider good cause per GN 02613.025. --Document these questions and responses on a Development Worksheet. --If claimant does not have the answers at the interview, inform the claimant that he/she must provide SSA with the required information and evidence to establish good cause or fugitive suspension will apply for the applicable period of time. --Diary (Tickle) for the responses to the questions (i.e., missing information or evidence to establish good cause). --When SSA receives missing information or evidence, make a good cause decision per GN 02613.025. NOTE: All fugitive issues must be resolved before finally adjudicating claim. |
Ques#1.b. - No | Document that claimant states he/she has no unsatisfied warrants. Add an Application statement to the application as indicated in GN 02613.050B.4 when application is completed and printed for the claimant’s signature. NOTE: See GN 00201.015 for alternative signature methods. |
3. Additional Questions to Ask Claimant about the Warrant
Fugitive Warrant Questions | Response |
a. What State or country issued the warrant for your arrest? | · Name of State/Country (Obtain place where the warrant was issued) |
b. What warrant information do you have available? Instruct claimant to obtain all available information about the felony warrant and the date the warrant was issued. NOTE: Instruct claimant to get a copy of the warrant if possible. | · Warrant Date: MM/DD/CCYY · NCIC Number · Originating Agency : · Warrant State: · Originating Agency Case Number: · Warrant Issuing Agency: · Warrant Number: · Driver’s License Number · Driver’s License State |
c. Did the court that issued the felony warrant dismiss the charge(s) or withdraw the felony warrant for the claimant’s arrest? | ___Yes ___No |
d. Explain how and when the charge(s) for the felony warrant was/were dismissed or the warrant was withdrawn. | Date Warrant Dismissed/Withdrawn: MM/DD/CCYY |
Ask this only for Probation and Parole Violators | |
e. What was the original criminal charge on which you were given probation/parole? | Original Criminal Charge(s): |
4. Fugitive Title II Application Print- Out Statement
Fugitive Questions for All Other Title II (Except Children’s) Applications
Response to Questions in GN 02613.050A.1.
Question # | Response to Questions | Application Print Out Statement to Add to REMARKS Screen on MCS |
1.a. | No | Need answer to 1 b before annotating Remarks Screen |
1.b. | No | Add to REMARKS SCREEN: “(Name of Claimant/You) do not have any unsatisfied felony warrant(s).” |
1.a. | Yes (Good Cause Was Not Found) | Add to REMARKS SCEEN: “(Name of Claimant/You) have unsatisfied felony warrant(s).” |
1.b. | Yes (Good Cause Was Not Found) | Add to REMARKS SCEEN: “(Name of Claimant/You) have unsatisfied Federal or State probation/parole warrants for (your/his/her) arrest.” |
1.a. | Yes (Good Cause Applies) | Add to REMARKS SCEEN: “(Name of Claimant/You) have unsatisfied felony warrants, but you have good cause for not satisfying the warrant(s).” |
1.b. | Yes (Good Cause Applies) | Add to REMARKS SCEEN: “(Name of Claimant/You) have unsatisfied Federal or State probation/parole warrant, but (you/he/she) has good cause for not satisfying the warrant.” |
C. PROCEDURE –CHILDREN’S APPLICATION FOR BENEFITS
1. Fugitive Status Application Questions--Title II Children’s Application for Benefits
For SSA purposes, a felony is any crime punishable by a sentence of death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed.
Questions to Ask Claimants About Fugitive Felon Status for Children | Children’s Response |
a. Do any of the children on this application have an unsatisfied felony warrant for his/her arrest? ___Yes (If yes enter name to the right) ___No (If no, go to b.) | Name Of Child Who Has a Felony Warrant |
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b. Do any of the children on this application have an unsatisfied Federal or State warrant for his/her arrest for any violation of the conditions of his/her probation/parole? ___Yes (If yes enter name to the right) ___No. | Name Of Child Who Has a Felony Warrant |
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2. Actions in Response to Fugitive Application Questions for Children
Responses to Fugitive Questions (GN 02613.050B.1.) | Actions |
Ques# 1.a - Yes | --Document Answer in order to produce the Application Print Out Statement for the REMARKS Screen in MCS (see GN02613.050C.4. for information on the Application Print Out Statement response). --Ask additional questions about the warrant as listed in GN 02613.050C.3. --Ask additional questions for good cause determination per GN 02613.025. --Document these questions and responses on a Development Worksheet. --If claimant does not have the answers at the interview, inform the claimant that he/she must provide SSA with the required information and evidence to establish good cause or fugitive suspension will apply for the applicable period of time. --Diary (Tickle) for the responses to the questions (i.e., missing information or evidence to establish good cause). --When SSA receives missing information or evidence, make a good cause determination per GN 02613.025. NOTE: All fugitive issues must be resolved before finally adjudicating claim. |
Ques #1.a. - No | Document answer and then ask Question 1.b. |
Ques #1.b. - Yes | --Document answer on Development Worksheet. --Ask additional questions about the warrant as listed in GN 02613.050C.3.for the fugitive felon and the additional question under the probation and parole violator questions. --Ask questions necessary for making a good cause determination per GN 02613.025. --Document these questions and responses on a Development Worksheet. --If claimant does not have the answers at the interview, inform the claimant that he/she must provide SSA with the required information and evidence to establish good cause or fugitive suspension will apply for the applicable period of time. --Diary (Tickle) for the responses to the questions (i.e., missing information or evidence to establish good cause). --When SSA receives missing information or evidence, make a good cause determination per GN 02613.025. NOTE: All fugitive issues must be resolved before finally adjudicating claim. |
Ques#1.b. - No | Document answer. Applicant is stating that the child has no unsatisfied warrants. Add an Application statement to the application as indicated in GN 02613.050C.4 when application is completed and printed for the applicant’s signature on behalf of the child. |
3. Additional Questions to Ask Applicant About the Child’s Warrant
Fugitive Felon Warrant Questions | Response |
a. What State or country issued the warrant for the child’s arrest? | · Name of State/Country (Obtain place where the warrant was issued)
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b. What warrant information do you have available for the child? Obtain all available information about the felony warrant and the date the warrant was issued. NOTE: Get a copy of the warrant if possible | · Warrant Date: MM/DD/CCYY · NCIC Number · Originating Agency Number: · Warrant State: · Originating Agency Case Number: · Warrant Issuing Agency: · Warrant Number: · Driver’s License Number · Driver’s License State |
c. Did the court that issued the felony warrant dismiss the charge(s) or withdraw the felony warrant for the child’s arrest? | ___Yes ___No |
d. Explain how and when the charge(s) for the felony warrant was/were dismissed or the warrant was withdrawn for the child’s arrest. | Date Warrant Dismissed/Withdrawn: MM/DD/CCYY |
Ask this only for Probation and Parole Violators |
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e. What was the child’s original criminal charge on which he/she was given probation/parole? | Original Criminal Charge(s): |
4. Fugitive Title II Application Print- Out Statement for Child’s Application
Fugitive Questions for Children’s Applications
Response to Questions in GN 02613.050C.1.
Question # | Response to Questions | Application Print Out Statement to Add to REMARKS Screen on MCS |
1.a. | No | Need answer to 1 b before annotating Remarks Screen |
1.b. | No | Add to REMARKS SCREEN: “None of the children on this application have an unsatisfied felony warrant. |
1.a. | Yes (Good Cause Was Not Found) | Add to REMARKS SCEEN: “(Name of Child) has an unsatisfied felony warrant for his/her arrest. |
1.b. | Yes (Good Cause Was Not Found) | Add to REMARKS SCEEN: “(Name of Child) has an unsatisfied Federal or State probation/parole violator warrant for his/her arrest.” |
1.a. | Yes (Good Cause Applies) | Add to REMARKS SCEEN: “(Name of Child) has an unsatisfied felony warrant, but he/she has good cause for not satisfying the warrant.” |
1.b. | Yes (Good Cause Applies) | Add to REMARKS SCEEN: “(Name of Child) has an unsatisfied Federal or State probation/parole violation warrant, but he/she has good cause for not satisfying the warrant.” |
NOTE: A claimant will not be denied benefits as a result of being a fugitive felon or a probation or parole violator, this factor only results in the suspension of title II benefits, if applicable. If a beneficiary is a minor, having a representative payee managing the child’s benefits does not qualify as a condition of good cause. See GN 02613.025 for the good cause provisions.
02613.150 Receiving and Processing Warrant Information
A. PROCESS – REPORTING WARRANT INFORMATION TO SSA
SOURCE OF REPORT | TYPE OF REPORT | WHERE REPORT IS RECEIVED |
First Party Reports
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| All SSA offices including
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Third Party Conventional Reports
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| All SSA offices including
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Third Party Computer Generated Reports
agreement with SSA · OIG field generated cases initiated by OIG agents outside of the computer matching operation.
| Fugitive Felon Alerts/Records Paper Listings from law enforcement agencies that have a formal reporting agreement with SSA. Fugitive Felon record/alert reflects Reporter ID code of all numeric digits or alphanumeric digits (e.g. "1111" or "3MDF", etc.) | Warrant information is received in the NCC or OCO at the Metro West Building. The warrant data is processed through the Fugitive Felon Computer Matching Operation and sent to the Office of the Inspector General for warrant verification processing.
After OIG opens a case in their National Investigative Case Management System (NICMS) and verifies that the warrant is still unsatisfied, they forward the warrant information to the FFAP system. OIG field generated cases initiated by OIG agents outside of the computer matching operation will be reported through the FFAP system. |
B. PROCEDURE – FO--WARRANT REPORTS RECEIVED IN SSA OFFICES (NON-FORMAL REPORTING ARRANGEMENTS)
1. Warrant Information from First Party Reporters or Third-Party Conventional Reporters (Non-Law Enforcement Reports)
Send warrant information received from a first-party reporter or a third party conventional reporter (non-law enforcement) to OIG for investigation and verification of the warrant before taking any adverse action on the warrant.
2. Warrant Information Received from Law Enforcement Agencies or Officers
a. The information a law enforcement (LE) officer gives to SSA with a request for assistance in locating a Social Security beneficiary may lead to the identification of a beneficiary as a person with an unsatisfied warrant. While a request from the LE must be in writing for SSA to provide information, a verbal request may be used as a lead to develop a possible fugitive suspension action.
b. When the LE officer contacts SSA for information about a beneficiary identified as a fugitive, search SSA records to determine whether the individual being sought or reported is a beneficiary. Ask the LE official to provide you with confirming evidence (i.e. warrant, court order or other court decision) of the request for information. If he/she does not have supportive evidence, ask for the name and address of the agency that has jurisdiction and holds the records or information needed for verification. The FO will try to contact the other agency that has jurisdiction for the warrant to determine if the warrant is still active.
c. Examine the legal documents provided by the LE agency to verify that the individual is a fugitive, as defined in GN 02613.001B. Examples of acceptable evidence are:
· Order, decision or other document issued by a court;
· An arrest warrant or order; or
· Decision of a court, parole board, or other appropriate agency finding the claimant has violated a condition of probation/parole.
d. Warrant information received from LE agencies or officers directly in the FOs are considered verified third party conventional reports, if the warrant is authenticated and verified. These warrants do not need further verification or referral with SSA’s OIG office if the LE officer requesting the information belongs to the warrant-issuing agency.
e. FO verification process of fugitive felon warrant information received from law enforcement officers
STEPS IN PROCESS | ACTION |
1 | Verify the LE officer’s credentials (identification, badge, etc.) and that he/she belongs to the agency that issued the warrant or is acting on behalf of that agency. |
2 | Verify name of fugitive on warrant using SSA records (e.g., NUMIDENT, ALPHIDENT, etc.) to locate or verify SSN and name of SSA beneficiary. |
3 | Obtain MBR or SSR to determine if entitlement exists on either Title II or Title XVI. If entitlement exists, process per step 4. If entitlement does not exist, notify the LE agency or officer that the fugitive is not a beneficiary. Check RPS to determine if the individual is a representative payee. This applies only for felony warrants, not for probation/parole violator warrants. Process per GN 02613.010C. |
4 | Determine if good cause can be found for not suspending benefits per GN 02613.025. |
5 | If good cause is not found process per GN 02613.010D. If good cause is found process per GN 02613.025. |
NOTE: All actions on T2 cases that also involve T16 entitlement (concurrent entitlement) should be coordinated with the appropriate FO technician working on the T16 suspension for the beneficiary.
3. Referral of Unverified Warrant Information to OIG
Warrant information received in the FO that needs verification should be emailed to the Office of the Inspector General, Fugitive Felon Program Manager at SSA. The email address is:
The email message must contain the following information:
· SSN
· Name
· Date of Birth of Fugitive
· Place of Birth of Fugitive
· Father’s Name (if available)
· Mother’s Name (if available)
· Gender:
· Warrant Number if Known:
· Date Warrant Was Issued
· County/State Where Warrant Was Issued:
· Name and Address of the Agency that Issued the Warrant
· Date of Crime
· Nature of Crime
C. PROCESS--OIG Actions on Warrant Referrals
1. OIG Review
OIG will review the warrant and SSA records to resolve identity issues, ensure that the warrant is for a crime that is a felony (a crime that carries a penalty of death or imprisonment for more than 1 year, regardless of the actual sentence imposed) or a probation/parole violation, and open a criminal investigation, if necessary. OIG will then provide the LE agency with information that may aid in the apprehension of the individual. OIG will allow the LE agency 60 days to complete their actions, after which they will refer the subject to SSA via the Fugitive Felon Automation Process (FFAP).
2. Field Office Referral
OIG will send all pertinent documentation resulting from their investigation by the FFAP system. Documentation will include all of the same information that is normally included in a FFAP referral including:
a. A cover letter, identifying the case as an OIG fugitive investigation;
b. An OIG Investigative Summary Report (OI-5D);
c. A summary of OIG’s attempts to locate an individual not found at the address shown in SSA’s records, when applicable; and
d. An SSA Feedback Form (OI-5E) for the FO to complete electronically (see GN 02613.160 for completing the OI-5E).
3. Investigative Summary Report (OI-5D)
OIG will provide the following information on the Investigative Summary Report (OI-5D):
a. The name and phone number of the OIG case agent;
b. The subject name, SSN, gender, and date of birth;
c. The date of the warrant;
d. The warrant number, National Crime Information Center (NCIC) number, or Originating Agency Case (OAC) number;
e. The name, address and phone number of the warrant-issuing agency;
f. The felony charge involved or the offense indicator;
g. The date the warrant was verified;
h. The run date (for computer matched cases only); and
i. The results of the law enforcement investigation.
If any of the above data is missing, SSA technicians will contact the OIG case agent (i.e., email, phone, etc.) to obtain the missing information.
D. PROCESS – FUGITIVE FELON COMPUTER MATCHING PROCESS
NOTE: The Fugitive Felon Automated Matching Processing (FFAP) is currently capable of fully processing Title XVI cases only (i.e., it cannot fully effectuate total processing of Title II warrant information or subsequent case processing).
When processing fugitive felon cases, it may be beneficial to understand the flow of information for matched records resulting from fugitive felon files received from various Law Enforcement (LE) jurisdictions.
· Fugitive felon reporters such as the National Crime Information Center (NCIC), State police offices, city police offices or county sheriffs’ offices submit reports (e.g., electronic files, paper reports, walk-in reports, phone calls, etc.) to SSA containing outstanding felony and parole/probation violator warrants.
· The files are run through the Enumeration Verification System (EVS) to match identifying information such as the name, SSN, and DOB to SSA's records.
· The EVS verified warrant data is then matched against the MBR and SSR and then sent to OIG (Office of the Inspector General, SSA).
· OIG reviews the matched data to resolve identity issues and to ensure that the warrant is active (unsatisfied) for a felony crime or a probation/parole violation that carries a penalty of death or imprisonment over 1 year. A file of the SSR and MBR warrant matched records are created for OIG to load into their National Investigative Case Management System (NICMS).
NOTE: NICMS provides warrant information to the Fraud Operational Data Store (FODS) in the Fugitive Felon Management Information System (FFMI).
· OIG provides the LE agencies with information regarding the beneficiary’s current address to aid in the apprehension of the individual and allows 60 days for the LE to complete their action. OIG then sends an Investigative Summary Report (OI-5D) for each case to the appropriate FO for development of the fugitive felon status through FFAP.
· FFMI produces weekly printed pending lists via the FO secure printer each Monday so that FOs can effectively monitor processing of fugitive felon cases.
· Case clearance from the FODS is the responsibility of the FO technician, based upon completed development and receipt of the Feedback Form (OI-5E) from the FO.
E. PROCEDURE--FO Processing Of the OI-5D
1. FO Obtaining Fugitive Felon Listings
a. Review the fugitive felon listing received each Monday to ensure that all cases, including all automated cases shown on the listing, received in the FO are processed to completion and cleared from the FODS database. In addition to the weekly listing, managers can obtain fugitive felon workload listings by accessing the FODS at the Executive and Management Information System (EMIS) at http://mi.ba.ssa.gov/emis/. Detailed and summary listings are available by SSA area within a region and by individual FO.
b. The FFMI application is also accessed from the EMIS Intranet site. Click the Management Info link and select "Fugitive Felon Management Information Reporting System." After you enter your PIN and Password on the WebFOCUS User Authentication page, the Fugitive Felon Management Information menu screen will be displayed. Management mainframe PIN and password allow access to the database.
2. FO Processing of Computer Matched Warrant Reports Investigative Summary Report (OI-5D)
STEP | ACTION |
1 | Obtain MBR to determine when entitlement began. Check date of warrant on the Investigative Summary Report, OI-5D. Determine potential periods of fugitive suspension status. Evaluate the OI-5D. |
2 | Determine if good cause applies per GN 02613.025. |
3 | If good cause: · Cannot be found process per GN02613.010D. · Does apply process per GN02613.025. |
4 | Send advance notice to the beneficiary explaining the proposed suspension. |
5 | Complete the OI-5E, Fugitive Felon Feedback Form, per GN 02613.160. |
02613.160 Completing the Fugitive Felon Feedback Form (OI-5E)
A. PROCEDURE
1. Fugitive Felon Feedback Form (OI-5E)
Before 10/6/03, when processing fugitive felon cases, field personnel were required to complete a Fugitive Felon Feedback form (OI-5E) to advise OIG of the results of the FF referral to the FO. Completed cases remained on the field office's Fugitive Felon Management Information (FFMI) pending list until OIG entered the completed OI-5E information into its National Investigative Case Management System (NICMS). Effective 10/6/03, any new FF referrals initiated through the Fugitive Felon Automation Program (FFAP) have a different clearance process. Cases received in field offices for processing will contain a link to complete the OI-5E electronically. The procedures for completing the OI-5E and clearing the form are found in GN 02613.160A.1.
2. Processing the Fugitive Felon Feedback Form, OI-5E
The FFAP automation process is a two-day process, meaning that cases are processed through FFAP on Monday, and then the cases are added to the website on Tuesday. This means that you could receive a FFAP case e-mail for your action on Monday, but you will not be able to find a record of the case on the website to update until Tuesday.
Action | Instruction |
Access OI-5E Hyperlink to Clear Pending | Case referrals will contain the following instruction: When development is complete, click on the following link to complete the Fugitive Felon Feedback form to clear the case: http://nynet.ny.ssa.gov/FFAP/ NOTE: When the FO is ready to clear the pending referral after their action or want to see additional information on a case that was completed through FFAP, they will go to this link. (Access to the link will be limited based on current security matrix profiles.) The link will lead to a page to query for an FF case by SSN. This page also contains links to a FFAP User Guide and the Title XVI FF POMS (SI00530.ff). |
Query SSN | By submitting an SSN in the query screen, you will receive a list of all OIG referrals (Investigative Summary form OI-5D) associated with that SSN. You will see the status of the OI-5D in the "Process Code" column, either: F= fully processed P=partially processed X=excluded (must be manually processed by the FO) U= input failed to update the SSR (must be manually processed by the FO) R= returned to OIG for additional information |
View OI-5D | You may select "View" in the "View OI-5D" column and see the OI-5D for that particular case. There may be more than one case listed under a particular SSN. Cases that were either fully processed or partially processed will also have a completed OI-5E that you can view. |
Complete OI-5E | The screen will be partially pre-filled with information from the OI-5D. Fill in the missing information on the form as indicated below: For pending cases that you are ready to complete, select the "complete the OI-5E" option on the screen. Complete the feedback form by providing the following information as necessary depending on whether suspension occurs:
NOTE: You can leave all fields blank and explain why no action was taken on this referral. You may also provide additional information on other factors that may be fraudulent. |
Clear OI-5E | After you complete the OI-5E, review the entries before clicking on "Clear the OI-5E". After clearing, you will receive a confirmation screen. The case will drop from the FO FFMI pending list the following week. |
NOTE: After clearing the OI-5E if you discover you have made a data entry error, notify your RFFC (see GN 02613.990) of the error and the item(s) to be corrected. The RFFC will have instructions for forwarding the correction to FFAP.
3. Reminders When Completing the OI-5E
· The date of suspension should be the input date, which will be equal to the suspension month for fugitives.
· The overpayment amount shown should only be for the fugitive suspension period. Do not include other amounts, for example, overpayments due to prisoner suspension, etc. Often these actions are processed simultaneously, but the overpayment amount entered on the OI-5E should not include overpayments due to reasons other than fugitive suspension.
· If no action was taken because you have proof the warrant was issued in error or was for the wrong person, clearly state the reason in remarks.
· If you need additional information from OIG, call the OIG Case Agent on the OI-5D or use the e-mail address ^Fugitive Felon.
02613.175 Obtaining Missing Warrant Information
A. POLICY – OBTAINING MISSING OR INCOMPLETE INFORMATION FOR FUGITIVES
The beneficiary is responsible for providing SSA with the information and evidence needed to establish good cause. If the beneficiary cannot provide the information, advise the beneficiary where he/she may obtain the required evidence. See GN02613.025 for proofs that may be submitted.
B. PROCEDURE
1. Criminal Offense Not On NCIC Offense Code List
a. If the offense code is not represented on the NCIC Offense Code list in GN 02613.900, the beneficiary must provide information about criminal charges reflected on the warrant. (See GN02613.025 for additional information required to establish good cause.) The beneficiary must also provide evidence that the warrant has been satisfied, if appropriate.
b. Advise the beneficiary to contact the following to obtain information about criminal charges on the warrant:
· The warrant issuing agency indicated on the OI-5D,
· His/her attorney or legal expert, or
· The State attorney’s or county attorney’s office that will prosecute the individual for his criminal charges on the warrant.
c. If the beneficiary cannot obtain information about the criminal charges, contact the Regional Office Fugitive Felon Coordinator (RRFC) to:
· obtain criminal offense information for the State or county reflected on the OI-5D in the warrant state field. The RRFC list is found in GN02613.990; and
· ask the RFFC to determine, based on the best information available, if the criminal offense is classified as violent or drug related.
The RFFC will contact the regional attorney to obtain the offense classification from the State criminal code and whether the crime is non-violent and not drug related. The RFFC will also prepare a regional precedent file by State to document the results of these referrals.
Based on information from the RFFC, make a determination on whether good cause applies.
2. Additional Sources of Information on the Original Criminal Offense For Probation or Parole Violators
a. Obtain a Prisoner Update Processing System (PUPS) record. The PUPS record may contain some information on beneficiary’s confinement at a correctional institution after he/she is arrested for a crime. Notify the beneficiary that he/she may contact the correctional institution on the PUPS record. The institution might have additional information about the beneficiary’s crime.
b. Advise the beneficiary to contact:
· His/her probation/parole officer for the original trial information;
· The court where the beneficiary went to trial for the original offense,
· His/her attorney of record for the crime,
· The State’s district attorney that prosecuted the original offense, or,
· Other third parties that might have knowledge of the trial or the offense of which the beneficiary was convicted.
02613.250 Warrants from Other Countries
A. POLICY
A beneficiary with an unsatisfied foreign warrant for a crime that carries a penalty of death or confinement of more than one year in another country may not receive benefits for any month if the crime is recognized by United States law enforcement. SSA will rely on information received from the International Criminal Police Organization and/or the National Crime Information Center through OIG when making an initial determination about whether an individual is subject to the fugitive suspension provisions. SSA will provide additional identifying information about the beneficiary as requested by OIG to assist in correctly processing the foreign warrant.
B. PROCEDURE
1. Receipt of a Foreign Warrant
a. If a report concerning a foreign warrant is received, continue payments pending the outcome of Office of the Inspector General’s (OIG) investigation of the foreign warrant.
b. Process the case as follows:
· Prepare e-mail for forwarding to your Regional Fugitive Felon Coordinator or PSC/OCO-ODO Coordinator, as appropriate. On your e-mail message include the information in GN 02613.150B.3. If available include: passport number and country where crime was committed.
· Use the information from the Numident record to provide the individual’s father’s name, mother’s name, and place of birth.
· Refer the information by e-mail to your RFF Coordinator as indicated in GN 02613.990 or PSC/OCO-ODO Coordinator as indicated in GN 02613.995.
2. REFERRAL TO OIG
Your Fugitive Felon Regional Coordinator or PSC/OCO-ODO Coordinator will forward the request to OIG’s Fugitive Enforcement Division at the Outlook address: ^Fugitive Felon.. See GN02613.250B for referral instructions. OIG will work with the International Criminal Police Organization and/or the National Crime Information Center to determine whether there is an active warrant recognized by United States law enforcement and whether the foreign crime is a felony (i.e., a crime that carries a penalty of death).
If OIG’s response indicates that United States law enforcement does not recognize the foreign warrant, fugitive suspension does not apply. If OIG’s response indicates that United States law enforcement recognizes the foreign warrant as a felony level crime, use the information provided by OIG to suspend benefits to the beneficiary effective with the date the warrant was issued.
C. EXHIBIT – FOREIGN WARRANT REFERRAL TO OIG
E-Mail Referral to OIG for Foreign Warrant Information:
TO: OIG, Assistant Special Agent-In-Charge, FED
FROM:
SUBJECT: Fugitive From Foreign Country
Please determine if the United States recognizes a warrant for the following crime.
Thank you.
SSN:
NAME:
DATE OF BIRTH:
PLACE OF BIRTH:
FATHER’S NAME:
MOTHER’S NAME:
GENDER:
PASSPORT NUMBER: (optional)
COUNTRY WHERE CRIME WAS COMMITTED:
DATE OF CRIME: (optional)
NATURE OF CRIME: (optional)
02613.450 Protest of Suspension /Deferral of Overpayment Recovery
A. BACKGROUND
After passage of the original fugitive felon provisions in 1996, certain cases came to the attention of Congress leading to a realization that benefit suspensions may not be appropriate in all cases. Understanding that extenuating circumstances may impact some beneficiaries’ ability to resolve outstanding warrants, Congress incorporated “good cause” exceptions to benefit suspension as part of SSPA. Under the “good cause” provision, if good cause is found, we are required to reinstate benefits, if suspended, and repay any previously withheld benefit or overpayment recovered. Good cause must be found if a court finds the individual not guilty, dismisses the charges, or issues any similar exonerating order. Any of these could occur months after a person is suspended. If a person is suspended retroactively for a period during which benefits were paid, the person would be overpaid and we would attempt to recover the overpayment. Later, if the person is acquitted, etc., we would have to repay any recovered overpayment. To prevent unnecessary overpayment development, SSA will defer the recovery of the overpayment in certain circumstances until we learn of the disposition of the charges or outcome of a trial.
B. POLICY – BENEFICIARY PROTESTS SUSPENSION DURING DUE PROCESS PERIOD
1. Protest to Suspension is Timely and Warrant Is Satisfied (Beneficiary Is Arrested or Surrenders to Law Enforcement)
a. Suspension of benefits will occur for the fugitive felon closed period and any overpayment recovery will be deferred as long as the beneficiary:
· Protests his/her benefit suspension during the 30 due process period; and
· Has surrendered to or has been apprehended by law enforcement for the criminal charges cited on the warrant before or during the 30 day protest period.
b. The fugitive suspension period will begin with the month the warrant was issued (but not before 1/2005) and end with the month the beneficiary surrenders to or is apprehended by law enforcement officials.
c. Recovery of any overpayment created by the fugitive suspension will be deferred until a court or administrative governing body (e.g., parole board, etc.) determines the disposition of the charges; i.e., whether there is a plea agreement, the beneficiary is found guilty or innocent of the criminal charges, or the charges are dismissed. When the disposition is known, SSA will either remove the suspension period or begin normal overpayment recovery procedures.
NOTE: The key to using a closed period of suspension is that the beneficiary must no longer have an unsatisfied warrant at the time he/she timely contacts SSA with his/her protest of the suspension of his/her benefits.
2. Beneficiary Protest to Suspension is Timely and Warrant Is Not Satisfied
Process the protest to the suspension per GN 02613.450C.
C. PROCEDURE--BENEFICIARY PROTESTS SUSPENSION ACTION
See GN 03001.025 for information on protests against advance notice of benefit suspension. See also GN 02210.006 for information on protest cases when overpayments are involved. If the beneficiary protests the suspension before the end of the 30-day due process period process the protest as follows.
1. Actions Necessary on the Protest
a. Recall the case and forward material to FO CR or PSC/OCO-OCO CA to review incoming evidence and protest from beneficiary.
b. Evaluate the protest and evidence per GN 02613.025 to determine if beneficiary can now meet good cause for not suspending benefits. If more information is needed, suspension of the benefits will not occur until the beneficiary provides the necessary information. Allow the beneficiary 90 days to obtain the needed evidence. Tickle the case for 90 days via the MDW to document the protest and to control return of the good cause evidence from the beneficiary.
c. If benefits should be suspended based on the evidence and the protest without further development, suspend benefits per GN 02613.010D via POS/LEGI. Send a suspension notice; add good cause language and any overpayment language. (See GN 02613.940 for notice language.) Provide the beneficiary with the first level of appeal rights on the suspension notice.
d. If benefits are suspended for the closed period and the criteria for deferral of the overpayment recovery in GN 02613.450B are met, input a “Protest/Stop Recovery Request” code of “15” per MSOM Sec. 415-S. Tickle the case via the MDW to control return of the case.
NOTE: If SSA receives a timely protest before the end of the 30-day due process period but does not process it before the suspension occurs, reinstate benefits and evaluate the protest.
2. Action on Evidence/Facts of Beneficiary’s Protest
If the evidence supports the individual's protest | Document the facts and the final determination on the EVID screen. See GN 02613.025E for instructions on preparing a Special Good Cause Determination. |
If the evidence is discrepant, appears to be fraudulent, altered, or cannot satisfactorily prove that the beneficiary can establish good cause for not satisfying his/her warrant | Record information about the discrepant documents (e.g., how, when and where they were obtained). Develop all available information per GN 04110.020; prepare a summary of the situation. Document the facts and the final determination per GN 02613.025. Complete an SSA-8551-U4. Send the documentation to the Regional Office of Investigations, Office of the Inspector General. Take the necessary steps to suspend benefits per GN 02613.010. |
If the issue involves interpretation of State law or the nature of a crime | See GN 02613.175 for obtaining information about criminal charges (i.e., offense codes) on warrants. |
D. PROCEDURE –BENEFICIARY PROTESTS SUSPENSION AFTER SUSPENSION OCCURS—DUE PROCESS PERIOD HAS EXPIRED—INITIAL DETERMINATION MADE BY SSA TO SUSPEND BENEFITS
If the beneficiary files a protest 35 or more days after the date that SSA sent advance notice to the beneficiary and SSA has suspended the beneficiary for fugitive felon suspension and notified him/her of our initial determination of suspension, process as indicated below.
1. Protest to Suspension of Benefits
· Consider the request for reconsideration of the initial determination from the beneficiary/representative payee . Evaluate the rebuttal using the steps in GN02613.450B.
· Process the results of the reconsideration evaluation per the instructions in GN 02613.450D.1.b. Once a decision on the reconsideration is made, forward to FO technician or PSC/OCO-ODO BA for further processing action.
2. FO Technician or PSC/OCO-ODO Reconsideration Reviewer --Decision on the Protest
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