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 arrest warrant for a crime, or attempted crime, of flight to avoid prosecution or confinement, escape from custody and flight-escape. In most jurisdictions these crimes are felonies or, in jurisdictions that do not classify crimes as felonies, a crime punishable by death or imprisonment for more than one year (regardless of the actual sentence imposed).

SSA will find a good cause exception to this non-payment rule if a court finds the person not guilty, the charges are dismissed, a warrant for arrest is vacated, or there are similar exonerating circumstances identified by the court. SSA will also apply the good cause exception to the non-payment rule if the individual establishes to the satisfaction of SSA that he or she was the victim of identity fraud and the warrant was issued on that basis.

SSA also may apply the good cause exception to the non-payment rule if the arrest warrant was for a crime that was non-violent and not drug-related, and in the case of probation or parole violators, both the violation and the underlying offense were non-violent and not drug-related.

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

Last Revised: Aug. 8, 2011