Fugitive Felon Policies Continue To Unravel

 From an Emergency Message that Social Security sent out to its field offices yesterday:

We previously informed you in EM-10061-SEN, that on 3/19/2010, the Second Circuit Court of Appeals rendered a decision in Clark v. Astrue, finding that SSA’s practice of relying solely on outstanding probation or parole violation arrest warrants to suspend or deny benefits conflicted with the plain meaning of the Social Security Act. Because of that decision, we stopped suspending or denying title II benefits and title XVI payments based solely on an outstanding probation or parole violation warrant for individuals who resided in New York, Connecticut, or Vermont.

Upon remand from the Second Circuit on 3/18/2011, the District Court for the Southern District of New York certified a nationwide class in Clark v. Astrue that includes all individuals whose benefits or payments were suspended or denied on or after October 29, 2006 (If this class definition changes, we will issue another instruction). Based on this class certification, we are no longer suspending or denying benefits or payments based solely on a probation or parole violation warrant. However, at this time do not take any action to remedy prior suspensions or denials based solely on a probation or parole violation warrant.

Action to take on probation and parole violation warrants

Effective immediately, do not suspend or deny title II benefits or title XVI payments to an individual based solely on an outstanding probation or parole violation warrant with any of the following offense codes:

· 5011 – Parole violation
· 5012 – Probation violation
· 8101 – Juvenile offenders – abscond while on parole
· 8102 – Juvenile offenders – abscond while on probation
· 9999 -- with an offense charge symbol of “probation or parole violation.”
· “Blank”-- with an offense charge symbol of “probation or parole violation.”