2119. Are fugitive felons eligible for SSI?

No. A person cannot be eligible for SSI benefits for any month during which he or she has an unsatisfied warrant for:

• A crime, or attempted crime, that is a felony or, in jurisdictions that do not classify crimes as felonies, a crime that is punishable by death or imprisonment for more than 1 year (regardless of the actual sentence imposed); or

• Violation of a condition of probation or parole.

SSA may consider an exception for good cause if a court finds the person not guilty, charges are dismissed, the warrant is vacated, or similar exonerating circumstances are identified by the court. SSA may also apply an exception for good cause if the person establishes that he or she was the victim of identity fraud and the warrant was issued on that basis.

SSA may establish good cause based on other mitigating factors, if the offense was non-violent and not drug-related, and in the case of probation or parole violators, if both the violation and the offense were non-violent and not drug-related.

Last Revised: Jan. 20, 2006