Published March, 2004
Blakely v. Commissioner, 330 F. Supp. 2d 910 (W.D. Mich. 2004)
The mere existence of a warrant for Blakely's arrest on a felony assault charge was insufficient to demonstrate flight to avoid prosecution, and therefore could not serve as the basis for the Social Security Administration's (SSA) decision to terminate his supplemental security income (SSI) benefits. Even though Blakely was aware of the warrant, he was not aware of it when he left the state, he did not attempt to conceal himself, he was financially and physically unable to travel to the state that issued the warrant, and the state refused to extradite him, even though he volunteered to return.
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