Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005)
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- Resource Type
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Court and Agency Decisions and Orders
- Description
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Finding that the plaintiff’s Supplemental Security Income (SSI) benefits should not have been revoked, the court concluded that the Social Security Administration’s (SSA) guidelines for declaring a person a fleeing felon were inconsistent with the Social Security Act and its implementing regulations in that the guidelines did not require proof of intent to evade justice. Only a court, not SSA, is permitted to make a finding that a party is fleeing prosecution. Further, benefits cannot be suspended from the date on which a warrant itself was issued, but rather from the date on which a person is officially declared a fleeing felon.
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- Published
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2005-December-06
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