Posted 8/11/2014 by Mark Miclette Inmate & Family Issues
The Social Security Administration (SSA) can only stop your benefits if the arrest warrant is for a fleeing crime. If there is a warrant for something other than fleeing, it does not qualify for benefit cut off or forced repayment. Historically, the SSA stopped benefits for anyone who had an arrest warrant for any reason. That rule has changed and now it must be a fleeing warrant or offense to stop your benefits. This is because the Social Security Administration does not wish to fund your escape from prosecution. Video: How to Get the Maximum Social Security Money What Does It Mean To Flee? The basic rule of thumb for social security to deem you a fleeing felon is being involved in one of the following situations: Running after being convicted – such as to avoid incarceration or not reporting to probation/parole as ordered. Fleeing to avoid testifying in felony court whether it is for your case or someone else’s is considered being a fugitive. A summons is an order to appear and if you do not, a warrant could be issued in your name, which makes you a fugitive in the eyes of the SSA. Violating conditions of parole/probation is considered becoming a fugitive. Technical violations such as not paying fees or failing a drug test as well as true violations such as being charged with a new crime, all qualify for SSA to cut off your payments. Related: Benefits After Incarceration Fighting Your Benefit Loss If your benefits are stopped you might be able to provide a good cause argument that it should not have been done. An attorney experienced in this area can help, but here are some examples good causes: • It’s a case of mistaken identity • You live in a nursing home • You have a legal guardian appointed over your life decisions Final thoughts: The Social Security Administration typically sends a letter announcing it is stopping benefits. If you get this letter, it means there is a felony warrant in your name in the system. Don’t ignore it. Check out: Convicted Felon Benefits