Sections 202(x) and 1611(e)(4)(A) of the Social Security Act specify that fugitive felons are not eligible to receive benefits administered by the Social Security Administration (SSA). This prohibition includes Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act as well as Social Security Disability Insurance (SSDI) and Old-Age and Survivors Insurance (OASI, more commonly known as retirement and widows Social Security benefits) under Title II of the Social Security Act. These prohibitions went into effect January 1, 2005. Section 1611(e)(4)(A) of the Social Security Act provides the definition of fugitive felon for the SSI program whereas Section 202(x)(1)(A) provides the same definition for the SSDI and OASI programs. Cases involving violent crimes or felonies resulting from the use, sale, or manufacture of illegal drugs are not eligible for the mitigating circumstances exception; under no circumstances can a fugitive felon with an active outstanding warrant for these charges receive SSI, SSDI, or OASI benefits. The circuit court held that the SSA's interpretation of the statute embodied in POMS was in direct conflict with the plain language of the statute and its implementing regulations. SSA's Acquiescence Ruling

On April 6, 2006, the SSA issued an acquiescence ruling that explains how the agency will apply the Fowlkes v. Adamec ruling to agency decisions to suspend the benefits of persons deemed to be fugitive felons. Although the Fowlkes case dealt only with SSI benefits, this acquiescence ruling will apply to all administrative determinations or decisions by the SSA involving Title II and Title XVI applicants, Title II beneficiaries and Title XVI recipients who live in states within the jurisdiction of the Court of Appeals for the Second Circuit (i.e., Connecticut, New York, and Vermont).
Fugitive felons are not eligible to receive benefits from the Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Old-Age and Survivors Insurance (OASI) programs administered by the Social Security Administration (SSA). For the purposes of these programs, fugitive felons are currently considered to be any persons with outstanding warrants for felony offenses. These prohibitions first went into effect in 1996 for the SSI program and in 2005 for the SSDI and OASI programs. This report includes an overview of the current laws, regulations, and internal SSA guidance related to fugitive felons; an explanation of the limited exception provided in cases of mitigating circumstances; and a brief legislative history of the provisions.
In December 2005, the United States Court of Appeals for the Second Circuit issued a decision in Fowlkes v. Adamec, 432 F. 3d 90 (2nd 2005), that struck down part of the SSA's interpretation of its fugitive felon regulations, and held that the mere existence of an outstanding arrest warrant does not make a beneficiary a fugitive felon whose benefits may be suspended. This report includes a discussion of this decision as well as an overview of the SSA's acquiescence ruling that will apply this decision to SSI, SSDI, and OASI cases in Connecticut, New York, and Vermont.
This report will be updated to reflect any policy changes.