Another Court Rules Against SSA on ‘Fugitive Felon’ Policy

A federal district court has rejected the Social Security Administration’s (SSA) “fugitive felon” policy and reinstated SSI benefits for the aggrieved person.

According to the court, SSA was not justified in using the existence of an arrest warrant as proof that the person was “fleeing to avoid prosecution” for a felony. Cambero v. Commissioner, No. 1:06 CV 551 (W.D. Mich., S. Div. Sept. 10, 2007). Cambero v. Commissioner, No. 1:06 CV 551 (W.D. Mich., S. Div. Sept. 10, 2007). All other courts to consider the issue have reached a similar result. See Fowlkes v. Adamec, 432 F.3d 90 (2nd Cir. 2005); Garnes v. Barnhart, 352 F.Supp.2d 1059 (N.D. Cal. 2004); Hull v. Barnhart, 336 F.Supp.2d 1113 (D. Ore. 2004); see
also NSCLC Washington Weekly, Dec. 9, 2005 & May 5, 2006.

Ms. Cambero moved from Massachusetts to Michigan in 1982. Recently she had her SSI benefits suspended and was assessed an overpayment dating back to 1996, due to a 1986 Massachusetts warrant issued on charges filed the same year that alleged attempted larceny of property in 1980. Until she was notified of the suspended SSI benefits, she was unaware of the warrant or the charges. Due to declining health, she could not return to Massachusetts to address the matter.

The federal court, relying on the prior rulings in Fowlkes and Garnes, found the Commissioner’s interpretation of the statute to be inconsistent with the ordinary meaning of the statutory language, and ruled that there must be a finding of a particular intent to avoid prosecution before benefits can be suspended.

In addition, the court held that the Commissioner’s interpretation was contrary to the express provisions of his own regulations. See 20 C.F.R. § 416.1339(b). For further information, contact Gerald McIntyre in NSCLC’s Los Angeles office.

Decision--Cambero v. Commissioner