June 8, 2008 by admin

1854. Outstanding Felony Warrant or a Warrant for a Federal or State Parole or Probation Violation

Beginning 01/01/2005 SSA will not pay a monthly benefit to any individual for any month during which he/she has an unsatisfied Federal, state or international law enforcement warrant for more than 30 continuous days 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.

SSA may consider applying a good cause exception if a court of competent jurisdiction finds the person not guilty, charges are dismissed, a warrant for arrest is vacated, or there are similar exonerating circumstances identified by the court. SSA will also apply the good cause exception if the individual establishes to the satisfaction of SSA that he/she was the victim of identity fraud and the warrant was issued on such basis.

SSA may apply the good cause exception if the criminal offense on the warrant was non-violent and not drug-related, and in the case of probation or parole violators, both the violation and the underlying offense were non-violent and not drug-related. In such cases, SSA may establish good cause based on mitigating factors, if applicable.

Last Revised: Jan. 23, 2006