Proposed Regulations on Failure to Cooperate with CDR and Fugitive Felons

The Social Security Administration has published two Notices of Proposed Rulemakings (NPRMs) in the Federal Register. Comments are allowed on each proposal. Neither is effective until SSA reviews and responds to those comments.

One proposal would suspend the Title II benefits of a claimant facing a continuining disability review (CDR) who fails to cooperate. If the claimant later cooperated within a year after the suspension of benefits, benefits would resume. This process should be more favorable for a claimant than the current process whereby a claimant's benefits are not suspended, but cut off entirely for failure to cooperate. Under the current process, a claimant who could not be contacted due to circumstances beyond their control, such as a lengthy hospitalization or who failed repeatedly to attend consultative medical examinations due to lack of transportation, could lose their benefits altogether.

The second proposal would implement the changes to the Social Security Act that added a prohibition on payment of Title II benefits to fugitive felons. The most important part of this is SSA's interpretation of the "good cause" exception. To meet the good cause provision a claimant would have to show all of the following:

• The crime or violating the probation or parole which the warrant is based on was both nonviolent and not drug related and, if for violating probation or parole, the original crime(s) was both nonviolent and not drug-related; and

• The person has neither been convicted of nor pled guilty to another felony crime since the date of the warrant; and

• The law enforcement agency that issued the warrant reports that it will not extradite the person for the charges on the warrant or that it will not take action on the arrest warrant.

If the first two requirements above apply but not the third, we may also find good cause if the following two criteria apply:

• The only existing warrant was issued 10 or more years ago; and

• The person’s medical condition impairs his or her mental capability to resolve the warrant; or he or she is incapable of managing his or her benefits; or he or she is legallyincompetent; or we have appointed arepresentative payee to handle thebenefits; or he or she is residing in a long-term care facility, such as a nursing home or mental treatment/care facility.