The Social Security Act prohibits payment of benefits to people who are charged with any of the following offenses:
- Fleeing to avoid prosecution for a felony (NCIC uniform offense code 4902)
- Fleeing to avoid custody or confinement after conviction for a crime which is a felony (NCIC uniform offense code 4901)
- Flight - Escape (NCIC uniform offense code 4999)
If the offense code in NCIC is not one of the above offense codes, SSA will not suspend benefits. The Social Security Act also prohibits some individuals from serving as representative payees and requires that SSA exchange information about fugitive felons and probation or parole violators with law enforcement.
How it Works:
- Law enforcement agencies give OIG information about individuals who have outstanding felony arrest warrants or who are violating conditions of probation or parole.
- OIG compares this information to its computer files of individuals receiving Title XVI and Title VIII payments, Title II benefits, and/or serving as representative payees.
- If there is a match, OIG:
- Verifies the identity of the individual
- Ensures that the warrants for the individual are still active
- Works with local law enforcement to attempt to locate the person
- OIG refers to SSA the following cases for suspension of benefits or removal from representative payee status:
- A person has an unsatisfied felony arrest warrant for escape or flight to avoid prosecution or confinement (SSA only uses the unsatisfied felony arrest warrant cases for the removal from representative payee status)
- A person is wanted for a probation violation, or a parole violation
Participation in the Fugitive Enforcement Program:
Federal, state and local law enforcement agencies interested in participating in a matching program for the purpose of identifying fugitive felons, parole violators, and probation violators, should contact the nearest SSA OIG office or the SSA regional fugitive enforcement coordinator. Contact any Social Security office for the name and phone number of the coordinator for your area.