Fleeing Felon Materials

The Social Security Administration (SSA) may use the existence of a person's outstanding criminal warrant as the basis to consider that person a "fleeing felon" and discontinue that person's Social Security benefits, per provisions of the 1998 Welfare Reform Act. Currently, a person is deemed a fleeing felon if he has an outstanding arrest warrant specifically issued for fleeing prosecution or confinement on a felony charge. The fleeing felon rule has been successfully challenged in a number of cases, often based on the fact that the individual in question was unaware of the outstanding warrant and consequently had no intention to "flee."

This HIV Policy Resource Bank category includes court decisions, relevant statutory and regulatory excerpts, and other advocacy materials that synopsize the applicable law and key strategies to address SSA's misapplication of the law to deny or terminate client benefits.