Fowlkes v. Adamec, 432 F.3d 90 (2nd Cir. 2005)

Categories

• Public Benefits Access
• Fleeing Felon Materials

Resource Type

Court and Agency Decisions and Orders  

Description

Federal Court of Appeals decision (Second Circuit). The court found that SSA?s guidelines for declaring a person a fleeing felon were inconsistent with statute and regulations, in that they did not require proof of intent to evade justice. The court, not SSA, is permitted to make a finding that the party is fleeing prosecution. Benefits cannot be suspended from the date a warrant itself was issued, but rather, from the date in which a person is officially declared a fleeing felon. The case was remanded to the district court to treat Fowlkes? complaint as a petition for review of the SSA Commissioner?s decision to suspend Fowlkes? benefits.  

File

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Published

2005-December-06