Fleeing Felon Materials

The Social Security Administration (SSA) may use the existence of a person's outstanding criminal warrant as the basis to consider that person a "fleeing felon" and discontinue that person's Social Security benefits, per provisions of the 1998 Welfare Reform Act. Currently, a person is deemed a fleeing felon if he has an outstanding arrest warrant specifically issued for fleeing prosecution or confinement on a felony charge. The fleeing felon rule has been successfully challenged in a number of cases, often based on the fact that the individual in question was unaware of the outstanding warrant and consequently had no intention to "flee."

This HIV Policy Resource Bank category includes court decisions, relevant statutory and regulatory excerpts, and other advocacy materials that synopsize the applicable law and key strategies to address SSA's misapplication of the law to deny or terminate client benefits.

Highlighted Resources

Fleeing Felon Materials

The Fugitive Felon Rules, National Senior Citizen Law Center (2005)

Clark Court Order: Overview, U.S. Social Security Administration (2013)

Clark Court Order: Overview, U.S. Social Security Administration (2013)

Martinez v. Astrue, Settlement Agreement (2009)

Martinez v. Astrue, Notice of Motion and Motion for Class Certification, Northern District of California, National Senior Citizens Law Center, et al. (2009)

Martinez v. Astrue, Motion for Summary Adjudication, U.S. District Court for the Northern District of California (2009)

Martinez v. Astrue, First Amended Class Action Complaint, U.S. District Court for the Northern District of California, National Senior Citizens Law Center (2008)

Hull v. Barnhart, 336 F. Supp. 2d 1113 (D. Or. 2004)

Blakely v. Commissioner, 330 F. Supp. 2d 910 (W.D. Mich. 2004)

Garnes v. Barnhart, 352 F. Supp. 2d 1059 (N.D. Cal. 2004)

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

Have You Seen a Fleeing Felon? Social Security Administration Targets SSI Recipients With Outstanding Warrants, Gerry McIntyre, Clearinghouse Review (2003)

The Fugitive Felon Rules, National Senior Citizen Law Center (2005)

Letter to the Social Security Commissioner Regarding Proposed Regulations Governing Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators, National Senior Citizens Law Center (2006)

Letter to the Social Security Commissioner Regarding Proposed Regulations Governing Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators, Judge Mary C. Morgan, Superior Court of California (2006)

Letter to the Social Security Commissioner Regarding Proposed Regulations Governing Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators, Michael Judge, Chief Public Defender of Los Angeles County

Social Security and Fugitive Felon Eligibility Exclusion, Eligibility for Benefits, 42 U.S.C. § 1382