Michigan Reentry Law Wiki

Public Benefits, Welfare & Medical Assistance: Losing Benefits Due to Warrants

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Martinez Settlement

Due to the settlement of a national class action lawsuit, the SSA should not be suspending benefits based on felony warrants for new cases (with limited exceptions). SSA may still suspend benefits for individuals with parole/probation violation warrants.

Information on the Martinez Settlement

The National Senior Citizens Law Center site contains links to information for individuals affected by the settlement, media briefings, consumer handouts in Spanish and Creole, and other pamphlets.

You can also visit the Social Security website at http://www.ssa.gov/martinezsettlement/.

Consumer Handout: Did Social Security Stop Your Benefits Because You Had an Arrest Warrant?

A consumer handout explaining the SSA's plan to repay benefits that were unlawfully withheld as a result of the Martinez settlement. Provided by the National Senior Citizen Law Center.

Self-Help Materials

Applying for Social Security Benefits

Link to application for Social Security benefits.

Social Security Program and Operations Manual for Social Security Cases

Links to Social Security Administration rules regarding suspension of benefits for "fleeing felons" in Social Security cases.

Applying for SSI and Disability

Link to application for Supplemental Security Income (SSI) and Disability.

Social Security Program and Operations Manual for SSI Cases

Links to Social Security Administration rules regarding suspension of benefits for "fleeing felons" in SSI cases.

Social Security Administration pamphlet on Entering the Community After Incarceration: How We can Help

Provides information on incarceration and social security benefits, as well as information about applying for benefits pre-release.

Statutes

42 U.S.C. ยง608(a)(9)(A)

States may not provide the following benefits to people who are fleeing to avoid prosecution in a felony case or are violating a condition of probation or parole: Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), public and federally assisted housing, and Food Stamps. These people remain eligible for Medicaid.

Sample Legal Materials

Sample Letter to Social Security: Mandatory Good Cause

Example of letter requesting reinstatement of benefits where criminal case has been dismissed.

Sample Letter to Social Security: Discretionary Good Cause

Example of a letter requesting reinstatement of benefits despite existence of warrant.

Sample letter to Out-Of-State Court Requesting Cancellation of the Warrant and Dismissal of Criminal Charges

Getting rid of the underlying warrant is often the best way to ensure a restoration of benefit. This letter requests warrant cancellation.

Sample Brief in Fleeing Felon Appeal

Brief argues that individual who does not have the intent to flee cannot be denied benefits.

Sample Reply Brief in Fleeing Felon Appeal

General Background Information

Fleeing Felon Power Point

Overview of laws and regulations regarding 'fleeing felons,' and information on how to challenge a denial of benefits.

Good Cause Provision

Information on the Fleeing Felon Provisions from the Winter 2006 MPLP Newsletter.

Food Stamp Terminations

United States Department of Agriculture Fleeing Felon Advisory

Sets out position of USDA on food stamp termination where individual has an outstanding warrant.


Other pages in this section: Applications & Forms - Overview of Public Benefits Lost Due to Criminal Record - Disability & Social Security After Incarceration - Losing Benefits Due to Warrants - Selective Service Registration - Medicaid, Medicare Health Care - Health Care While Incarcerated


Section overview: Public Benefits, Welfare & Medical Assistance


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