Social Security will consider you a fleeing felon and ineligible to get their benefits if you have an outstanding arrest warrant specifically for fleeing prosecution or confinement on a felony charge. Read this to learn more. #7405EN
Am I eligible for Social Security benefits if there is a warrant out for my arrest or I violated parole or probation?
Maybe. You are not eligible to get Social Security Insurance (SSI) if either:
OR
This rule is sometimes called the “fleeing felon” rule.
How does Social Security Administration (SSA) find out I have an outstanding warrant?SSA has agreements with other government agencies including the FBI, a national criminal database, courts, police forces, and prison systems. These let them do computer crosschecking of everyone who applies for and gets SSI.
What if my warrant is from many years ago?It does not matter how old the warrant is.
How does this affect my other benefits?If you are in either of the above situations that make you ineligible for SSI, these other federal benefits may end:
Your benefits from these state programs may also end:
*If you get a notice saying your DSHS or VA benefits have ended because you are fleeing prosecution or incarceration, talk to a lawyer. See contact info below.
If I have a warrant out for avoiding prosecution/jail time or violating probation, does this affect benefits for my spouse and/or children?
Yes. Social Security stops their benefits too because they are your dependents.
*Dependents means spouses or children.
What if I am under 18 years old and avoiding prosecution or jail time or violated conditions of release?
This rule also applies to juvenile offenders. A child getting Social Security dependent benefits may lose those benefits. You should try to get legal help.
I have an outstanding warrant. Should I apply for benefits anyway?Yes. When you apply for any public benefits, they will ask if you have outstanding warrants or probation violations. If you know you do, tell the truth. If you give an answer under oath that is not the truth, you may later face fraud charges. This could mean jail time and paying back any benefits you got.
Try to take care of any outstanding warrants before applying. The application and approval process takes a long time. You probably have time to take care of the warrant before your Social Security approval comes through.
If you apply for benefits and have any outstanding warrants or probation violations, the agency you are applying with may tell law enforcement where you are to help them arrest you.
How far back can SSA stop my benefits?You are no longer eligible for benefits beginning the first month you have an outstanding arrest warrant for avoiding prosecution or incarceration on a felony charge or a probation/parole violation. SSA looks back, finds the date you became ineligible (the date of the warrant), and then notifies you they will stop your benefits as of that month.
SSA will likely ask you to pay back any benefits you got after you became ineligible. SSA calls this an overpayment.
You must do these things, in order:
If you do not successfully address the warrant, you will have to pay back any Social Security money you received. This is called “overpayment.”
SSA got a warrant number from a federal or state agency before sending you its notice. You need the warrant number. Contact the agency that issued the warrant or violation to take care of it.
After you learn which agency issued the felony warrant, contact that agency for a copy. Once you get it, you must contact the prosecutor’s office that issued the warrant or violation to take care of the underlying issue.
You may be able to get the warrant or violation dismissed. Here are some reasons:
There are other reasons not listed here. If the prosecutor will not dismiss the warrant or violation, you must work with the prosecutor—preferably through your criminal attorney—to take care of the matter.
If it does not include the above information, ask SSA for this information.
If SSA found out about the warrant by a computer match, you will get 35 days advance notice of the suspension.
If SSA found out about the warrant from another source (such as the newspaper, neighbors or relatives, or law enforcement contacts), you will get 15 days advance notice.
* If you or someone acting for you reports the warrant, SSA will suspend (stop) your benefits right away. You will get an overpayment notice and suspension notice at the same time.
If you protest (fight or appeal) the suspension during your due process period (35 or 15 days), SSA will postpone the suspension. It will work on figuring out if you qualify for a good cause exception. (See below.) You will keep getting your check.
If SSA later determines you are ineligible, it will ask you to pay back the money you got during this time (an overpayment).
If you do not protest/appeal during your due process period, SSA will stop your benefits. You may still protest this. SSA will only give back your benefits if you win your protest.
You have 12 months to protest the notice of suspension. After that, all you can do is take care of the underlying warrant, unless you qualify for the mandatory good cause exception. You will probably have to reapply for benefits and wait for a new decision from SSA.
How do I protest the Notice of Suspension?It should list a SSA "contact office" for you to make your protest. You must meet the deadlines listed above. You must put your protest in writing and keep a copy.
If you deliver the original protest letter to the contact office, ask the person taking it to date-stamp your copy. You can also send the letter using certified mail, return receipt requested. The post office will return the green receipt to you after delivering your letter. Keep that receipt with your copy of your protest letter for proof you protested the suspension of your benefits on time.
I protested the suspension of my benefits. Now what?You have 90 days to prove that SSA should not have stopped your benefits. In a few situations, SSA may give you more than 90 days.
During the 90 days, you must do at least one of these:
I used to get benefits. I do not get benefits now. SSA says I was not eligible then because I was a “fleeing felon.” What can I do?
You may get a notice of an overpayment from SSA saying it paid you benefits during a period when there was an arrest warrant out for you avoiding prosecution/incarceration or a probation violation. SSA calls this notice a closed period of suspension and overpayment notice. You must protest (appeal) this notice within 60 days of getting it. You may protest it for the same reasons as above. If you need more time to get evidence of good cause (see below), SSA may give you an extra 60 days.
What is “good cause?”In some cases, SSA will not stop your benefits or seek an overpayment for the benefits because there is a "good cause" exception. There are two types:
First, SSA must grant you the good cause exception if the court that issued or has authority over the warrant has done one of these:
Second, SSA must grant you a mandatory good cause exemption if you are not the person named in the warrant or violation due to identity fraud.
There are two ways to show mitigating circumstances. SSA calls these "Option A" and "Option B." Each Option has several parts.
Option A—you must show all of these:
Option B—you must prove all of these:
After you ask for a good cause exception from SSA, you have 90 days to give SSA information supporting your request. If you do not provide supporting information, SSA will not find good cause.
If you ask for a good cause exception within the due process period, SSA will not stop your benefits. If the due process period has already passed when you ask for the good cause exception, SSA will only reinstate (restart) your benefits if you show good cause.
SSA prefers your proof of good cause to be on the letterhead of the court, law enforcement agency or probation or parole agency that issued the warrant or court document. The person signing the document must have knowledge of the facts in the letter. It can be a court docket, copy of the arrest warrant, or other official document. If you cannot provide this preferred documentation, you may come up with other proof that is as credible as the preferred documentation.
Examples:
SSA will review what you give it. If it finds good cause, it will not suspend your benefits or seek to recover any payments made to you under the "fleeing felon" law.
*If SSA determines the evidence you supply is fraudulent, altered, or cannot satisfactorily establish good cause, they will report the case to their investigators.
SSA says I did not show good cause, or I just finished the requirements of the warrant or violation and now SSA wants money back from me. Why?
If you satisfy the warrant or violation criteria or if SSA says you did not show good cause, SSA will try to recover money paid to you as an overpayment.
I lost the good cause exception. How else can I challenge the suspension?It depends. A Notice to Suspend benefits may come with a notice of overpayment. SSA believes you must pay back any benefits you got while the warrant was outstanding. If there is a notice of an overpayment with the Notice to Suspend, follow the steps for both notices.
* Read How to Fight Your SSI or SS Disability Denialand How to Fight an SSI or SSD Overpayment. The waiver rules they discuss apply to SSI, disability, and retirement benefits.