(a) Basis for suspension. An individual is ineligible for SSI benefits for any month during which he or she is—
(1) Fleeing to avoid prosecution for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State); or
(2) Fleeing to avoid custody or confinement after conviction for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State); or
(3) Violating a condition of probation or parole imposed under Federal or State law.
(b) Suspension effective date. (1) Suspension of benefit payments because an individual is a fugitive as described in paragraph (a)(1) or (a)(2) of this section or a probation or parole violator as described in paragraph (a)(3) of this section is effective with the first day of whichever of the following months is earlier—
(i) The month in which a warrant or order for the individual's arrest or apprehension, an order requiring the individual's appearance before a court or other appropriate tribunal (e.g., a parole board), or similar order is issued by a court or other duly authorized tribunal on the basis of an appropriate finding that the individual—
(A) Is fleeing, or has fled, to avoid prosecution as described in paragraph (a)(1) of this section;
(B) Is fleeing, or has fled, to avoid custody or confinement after conviction as described in paragraph (a)(2) of this section;
(C) Is violating, or has violated, a condition of his or her probation or parole as described in paragraph (a)(3) of this section; or
(ii) The first month during which the individual fled to avoid such prosecution, fled to avoid such custody or confinement after conviction, or violated a condition of his or her probation or parole, if indicated in such warrant or order, or in a decision by a court or other appropriate tribunal.
(2) An individual will not be considered to be ineligible for SSI benefits and benefit payments will not be suspended under this section for any month prior to August 1996.
(c) Resumption of payments. If benefits are otherwise payable, they will be resumed effective with the first month throughout which the individual is determined to be no longer fleeing to avoid such prosecution, fleeing to avoid such custody or confinement after conviction, or violating a condition of his or her probation or parole.
[65 FR 40495, June 30, 2000]
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 2004–2023 · leading case:
Slusser v. Astrue, 557 F.3d 923 (8th Cir. 2009).
Slusser v. Astrue, 557 F.3d 923 (8th Cir. 2009).
· cites it 4× “She argues that substantial evidence does not exist in the record to support the ALJ’s finding that she is no longer eligible to receive SSI benefits under 20 C.F.R. § 416.1339 . Moreover, she alleges unlawful discrimination under § 504 of the Rehabilitation Act of 1973.”
Oteze Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005).
· cites it 7× “§ 1382 (e)(4)(A) (2000) and 20 C.F.R. § 416.1339 (b)(1). FACTS AND PROCEDURAL BACKGROUND In 1997, Fowlkes applied for and was granted Supplemental Security Income (“SSI”) benefits after an Administrative Law Judge (“ALJ”) determined that he was disabled based on a mental illness.”
Clark v. Astrue, 274 F.R.D. 462 (S.D.N.Y. 2011).
“[i]s violating, or has violated, a condition of his or her probation or parole____” 20 C.F.R. § 416.1339 (b) (emphasis added).”
Hull v. Barnhart, 336 F. Supp. 2d 1113 (D. Or. 2004).
· cites it 3× “20 C.F.R. § 416.1339 (b)(l)(I) (emphasis added), or the first month during which the individual fled, if indicated in a warrant, order, or a decision by a court or other appropriate tribunal: The SSA has an operations manual that explains its interpretations of the regulations…”
Garnes v. Barnhardt, 352 F. Supp. 2d 1059 (N.D. Cal. 2004).
· cites it 5× “The ALJ focused on the language of 20 CFR 416.1339, the implementing regulation for section 1611(e)(5) of the Social Security Act, 42 USC § 1382 (e)(4)(A), and identified deficiencies in the record on which the SSA acted to terminate plaintiffs benefits.”
Blakely v. Comm'r of Soc. Sec., 330 F. Supp. 2d 910 (W.D. Mich. 2004).
· cites it 2× “” Under 20 CFR § 416.1339 , an individual is ineligible for SSI benefits for any month during which he is “fleeing to avoid prosecution for a crime .”
Virginia Slusser v. Michael J. Astrue, etc. (8th Cir. 2009).
· cites it 4× “She argues that substantial evidence does not exist in the record to support the ALJ's finding that she is no longer eligible to receive SSI benefits under 20 C.F.R. § 416.1339 . Moreover, she alleges unlawful discrimination under § 504 of the 1 The Honorable Raymond L.”
Hunt v. Soc. Sec. Admin. (N.D. Okla. 2023).
“The plaintiff does not argue that her earlier benefits were terminated improperly or that she was entitled to a resumption of benefits pursuant to 20 C.F.R. § 416.1339 (c). Thus, the plaintiff concedes that, in order to receive any further benefits after her release, she was…”
— 20 C.F.R. § 416.1339(b) — 1 case
Garnes v. Barnhardt, 352 F. Supp. 2d 1059 (N.D. Cal. 2004).
“The ALJ focused on the language of 20 CFR 416.1339, the implementing regulation for section 1611(e)(5) of the Social Security Act, 42 USC § 1382 (e)(4)(A), and identified deficiencies in the record on which the SSA acted to terminate plaintiffs benefits.”
— 20 C.F.R. § 416.1339(b)(l)(I) — 1 case
Garnes v. Barnhardt, 352 F. Supp. 2d 1059 (N.D. Cal. 2004).
“The ALJ focused on the language of 20 CFR 416.1339, the implementing regulation for section 1611(e)(5) of the Social Security Act, 42 USC § 1382 (e)(4)(A), and identified deficiencies in the record on which the SSA acted to terminate plaintiffs benefits.”
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