Claimants, Beneficiaries, and the Criminal Justice System Michelle Bonner, Executive Director, DC Corrections Information Council BB Tammy Seltzer, Esq., Director, DC Jail and Prison Advocacy Project Disability Rights DC at University Legal Services
Claimants, Beneficiaries, and the Criminal Justice System Section BB Claimants, Beneficiaries, and the Criminal Justice System Submitted By: Michelle Bonner, Executive Director, DC Corrections Information Council Tammy Seltzer, Esq., Director, DC Jail and Prison Advocacy Project, Disability Rights DC at University Legal Services Copyright: Bureau of Justice Statistics 653
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Claimants, Beneficiaries, and the Criminal Justice System Section BB Can Prisoners Get Social Security or Supplemental Security Income (SSI) Payments? Submitted By: Michelle Bonner, Executive Director, DC Corrections Information Council Tammy Seltzer, Esq., Director, DC Jail and Prison Advocacy Project, Disability Rights DC at University Legal Services Both programs prohibit payments to most prisoners. We will suspend your Social Security benefits if you are confined to a jail, prison or other penal institution for more than 30 continuous days due to a criminal conviction. Although you can t get monthly Social Security benefits while you are confined,we will continue to pay benefits to your dependent spouse or children as long as they remain eligible. If you get SS,we will stop your payments after you are imprisoned for a month. If you use our prerelease procedure,we may be able to reinstate your benefits starting with the month you are released. SSI recipients who are confined 12 consecutive months or longer,must reapply for SSI and again be approved. 655
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Claimants, Beneficiaries, and the Criminal Justice System Section BB Program Operations Manual System(POMS) GN 02607.000 Prisoner Provisions Submitted By: Michelle Bonner, Executive Director, DC Corrections Information Council Tammy Seltzer, Esq., Director, DC Jail and Prison Advocacy Project, Disability Rights DC at University Legal Services Section Subchapter Table of Contents GN 02607.001 Provisions for Confinements Beginning 04/01/2000 and Continuing Latest Transmittal TN 34 10-15 GN 02607.050 Title XVI Prisoner Provision TN 28 09-14 GN 02607.160 Title II Prisoner Suspension Provisions TN 34 10-15 GN 02607.200 Special Legal Considerations for Prisoner Suspensions TN 3 02-02 GN 02607.310 Title II Not Guilty by Reason of Insanity TN 34 10-15 (NGRI) Provisions GN 02607.330 Title II Incompetent to Stand Trial (IST) Provisions TN 34 10-15 GN 02607.350 Title II Sexually Dangerous Person (SDP) Provisions TN 34 10-15 GN 02607.400 Prisoner (Inmate) Reporting Agreements TN 20 02-14 GN 02607.410 SSA s Prisoner Systems and Matching Operation TN 21 05-14 GN 02607.420 Incarceration Reporting and Control System (IRCS) TN 22 06-14 GN 02607.460 Field Office Processing of Inmate Reports TN 27 08-14 GN 02607.465 Transferring Prisoner Update Processing System TN 33 09-15 (PUPS) Records GN 02607.500 Processing Claims When a Prisoner Update TN 30 01-15 Processing System (PUPS) Record Exists GN 02607.510 Enumeration Verification System (EVS) Codes on TN 3 02-02 PUPS Records and PUPS Alerts GN 02607.520 PUPS Skeleton Records TN 5 11-02 GN 02607.530 Correcting PUPS Records with Missing Inmate Data TN 3 02-02 GN 02607.550 Payments to Prisoners and Correctional Institutions TN 18 01-14 657
Section BB National Social Security Disability Law Conference GN 02607.600 Developing Prisoner Update Processing System TN 31 04-15 (PUPS) Records and Alerts GN 02607.670 Obtaining Missing Information on Reporters TN 3 02-02 and Facilities GN 02607.680 Third Party Sources to Use to Locate Missing Inmate TN 3 02-02 Information GN 02607.700 Suspending Title II Benefits to Prisoners, NGRIs, TN 3 02-02 Incompetent to Stand Trial or Sexually Dangerous Persons by Using PUPS GN 02607.705 Suspending Title XVI Payments TN 25 08-14 GN 02607.710 Selecting the Correct Inmate Report for Processing TN 30 01-15 When Multiple Reports Exist GN 02607.720 Processing Cases Through PUPS Where the Inmate Is TN 9 09-07 Not Currently Convicted/Commitment GN 02607.730 Processing Cases Through PUPS After the Conviction/ TN 5 11-02 Commitment Is Confirmed GN 02607.740 PUPS Automated Processing Exclusions TN 6 10-04 GN 02607.745 PC/OCO-ODO Processing of 2795 Fax Forms for TN 6 10-04 PUPS Automated Processing Exclusion Cases GN 02607.750 T2R Exceptions TN 6 10-04 GN 02607.755 PC/OCO-ODO Processing of T2R Exceptions TN 6 10-04 GN 02607.760 Beneficiary Protests Suspension of Title II Benefits TN 6 10-04 GN 02607.770 Recipient Appeals Suspension of Title XVI Payments TN 28 09-14 GN 02607.780 Processing Title II and Title XVI Concurrent TN 3 02-02 Prisoner Cases GN 02607.790 Reviewing and Analyzing Title II Federal Bureau of TN 7 09-05 Prison Alerts/Records GN 02607.792 Processing Title II 3BOP PUPS Alerts or Records TN 4 07-02 GN 02607.794 Additional Processing Instructions for Suspension and TN 4 07-02 Reinstatement Actions on 3BOP PUPS Alerts/Records GN 02607.795 3BOP Inmate Status Codes on PUPS Records/Alerts TN 4 07-02 GN 02607.800 SSA s Title II and Title XVI Incentive Payment Programs TN 23 07-14 GN 02607.820 Requesting Manual Incentive Payments TN 24 07-14 GN 02607.830 Correctional or Mental Health Institution Problems TN 37 09-16 Involving Incentive Payments GN 02607.832 Recovery of Incorrectly Paid Prisoner Incentive Payments TN 37 09-16 658
Claimants, Beneficiaries, and the Criminal Justice System Section BB GN 02607.840 Retirement, Survivors, and Disability Insurance TN 17 05-13 (Title II) Reinstatement Policies for Prisoners GN 02607.850 Title II Reinstatement Policies for NGRIs TN 3 02-02 GN 02607.852 Reinstating Benefits to Individuals Found TN 3 02-02 Incompetent to Stand Trial GN 02607.854 Reinstating Benefits to Sexually Dangerous Persons TN 3 02-02 GN 02607.860 Processing Title II Benefit Reinstatements TN 17 05-13 GN 02607.870 Processing a Resumption Action for an Incorrect TN 6 10-04 Title II Benefit Suspension GN 02607.875 Title XVI Reinstatement Procedures for Prisoner TN 29 12-14 Suspension (N22) GN 02607.880 PC/OCO-ODO Processing of Prisoner or NGRI, TN 3 02-02 Incompetent to Stand Trial, or Sexually Dangerous Person Inmate Cases GN 02607.890 Requests for Prisoner Record Changes, Updates, TN 36 04-16 or Deletions to the Prisoner Update Processing Systems (PUPS) GN 02607.970 Exhibits Advance Notification Letters TN 3 02-02 GN 02607.972 Prisoner and NGRI Notices and Paragraphs TN 3 02-02 GN 02607.975 Enumeration Verification System (EVS) and Inmate TN 21 05-14 Status Codes on PUPS Alerts and Records GN BOS02607.001 Connecticut Department of Corrections Release Programs GN BOS02607.360 Identifying Sexually Dangerous Persons GN BOS02607.530 Processing PUPS Alerts from The Massachusetts Department of Correction Containing The Facility Code MA0060 GN BOS02607.531 Processing PUPS Alerts from the Vermont Department of Corrections Containing the Facility Code VT0012 (TN 2-96 11/2004) GN B0S02607.650 Inmate Data Development and Verification Processing (TN 2-92 4/2004) GN B0S02607.651 Verifying Information from the Connecticut Department of Corrections GN B0S02607.680 Third Party Sources to Use to Locate Missing Inmate Information (TN 2-95 10/2004) 659
Section BB National Social Security Disability Law Conference GN CHI02607.360 Identifying Sexually Dangerous Persons (RTS 2-001 04/2003) GN DEN02607.850 Title II Reinstatement Policies for Colorado Insanity Acquittees on Temporary Removal Release GN KC02607.360 Identifying Sexually Dangerous Persons (TN 7 10/2004) GN PHI02607.001 Prisoner Provisions Pre 4/1/00 GN PHI02607.360 Identifying Sexually Dangerous Persons (TN 02 01/2012) 660
Claimants, Beneficiaries, and the Criminal Justice System Section BB Limitation on Payments to Prisoners, Certain Other Inmates of Publicly Funded Institutions, Fugitives, Probationers, and Parolees Michelle Bonner, Executive Director, DC Corrections Information Council Tammy Seltzer, Esq., Director, DC Jail and Prison Advocacy Project, Disability Rights DC at University Legal Services (x) (1) (A) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223 to any individual for any month ending with or during or beginning with or during a period of more than 30 days throughout all of which such individual (i) is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of a criminal offense, (ii) is confined by court order in an institution at public expense in connection with (I) a verdict or finding that the individual is guilty but insane, with respect to a criminal offense, (II) a verdict or finding that the individual is not guilty of such an offense by reason of insanity, (III) a finding that such individual is incompetent to stand trial under an allegation of such an offense, or (IV) a similar verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect, or mental incompetence), (iii) immediately upon completion of confinement as described in clause (i) pursuant to conviction of a criminal offense an element of which is sexual activity, is confined by court order in an institution at public expense pursuant to a finding that the individual is a sexually dangerous person or a sexual predator or a similar finding, (iv) is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed, or (v) is violating a condition of probation or parole imposed under Federal or State law. (B) (i) For purposes of clause (i) of subparagraph (A), an individual shall not be considered confined in an institution comprising a jail, prison, or other penal institution or correctional facility during any month throughout which such individual is 661
Section BB National Social Security Disability Law Conference residing outside such institution at no expense (other than the cost of monitoring) to such institution or the penal system or to any agency to which the penal system has transferred jurisdiction over the individual. (ii) For purposes of clause (ii) of subparagraph (A), an individual confined in an institution as described in such clause (ii) shall be treated as remaining so confined until (I) he or she is released from the care and supervision of such institution, and (II) such institution ceases to meet the individual s basic living needs. (iii) Notwithstanding subparagraph (A), the Commissioner shall,for good cause shown, pay the individual benefits that have been withheld or would otherwise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Commissioner determines that (I) a court of competent jurisdiction has found the individual not guilty of the criminal offense, dismissed the charges relating to the criminal offense, vacated the warrant for arrest of the individual for the criminal offense, or issued any similar exonerating order (or taken similar exonerating action), or (II) the individual was erroneously implicated in connection with the criminal offense by reason of identity fraud. (iv) Notwithstanding subparagraph (A), the Commissioner may, for good cause shown based on mitigating circumstances, pay the individual benefits that have been withheld or would otherwise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Commissioner determines that (I) the offense described in clause (iv) or underlying the imposition of the probation or parole described in clause (v) was nonviolent and not drug-related, and (II) in the case of an individual from whom benefits have been withheld or otherwise would be withheld pursuant to subparagraph (A)(v), the action that resulted in the violation of a condition of probation or parole was nonviolent and not drug related. (2) Benefits which would be payable to any individual (other than a confined individual to whom benefits are not payable by reason of paragraph (1)) under this title on the basis of the wages and self employment income of such a confined individual but for the provisions of paragraph (1), shall be payable as though such confined individual were receiving such benefits under this section or section 223. (3) (A) Notwithstanding the provisions of section 552a of title 5, United States Code, 45 or any other provision of Federal or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Commissioner of Social Security, upon written request, the name and social security account number 662
Claimants, Beneficiaries, and the Criminal Justice System Section BB of any individual who is confined as described in paragraph (1) if the confinement is under the jurisdiction of such agency and the Commissioner of Social Security requires such information to carry out the provisions of this section. (B) (i) The Commissioner shall enter into an agreement under this subparagraph with any interested State or local institution comprising a jail, prison, penal institution, or correctional facility, or comprising any other institution a purpose of which is to confine individuals as described in paragraph (1)(A)(ii). Under such agreement (I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the first, middle, and last 46 names, Social Security account numbers or taxpayer identification numbers, prison assigned inmate numbers, last known addresses, 47 dates of birth, confinement commencement dates, dates of release or anticipated dates of release, dates of work release, 48 and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1) and clause (iv) of this subparagraph 49 and other provisions of this title; and (II) the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), who receives a benefit under this title for the month preceding the first month of such confinement, and whose benefit under this title is determined by the Commissioner to be not payable by reason of confinement based on the information provided by the institution, $400 (subject to reduction under clause (ii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual s confinement in such institution begins, or $200 (subject to reduction under clause (ii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. (ii) The dollar amounts specified in clause (i)(ii) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1611(e)(1)(1). (iii) There are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i) (II). (iv) The Commissioner shall maintain, and shall provide on a reimbursable basis, information obtained pursuant to agreements entered into under this paragraph to any agency administering a Federal or federally-assisted cash, food, or medical assistance program for eligibility and other administrative purposes under such program, for statistical and research activities conducted by Federal and State 663
Section BB National Social Security Disability Law Conference agencies, and to the Secretary of the Treasury for the purposes of tax administration, debt collection, and identifying, preventing, and recovering improper payments under federally funded programs 50 (v) (I) The Commissioner may disclose information received pursuant to this paragraph to any officer, employee, agent, or contractor of the Department of the Treasury whose official duties require such information to assist in the identification, prevention, and recovery of improper payments or in the collection of delinquent debts owed to the United States, including payments certified by the head of an executive, judicial, or legislative paying agency,and payments made to individuals whose eligibility, or continuing eligibility, to participate in a Federal program (including those administered by a State or political subdivision thereof) is being reviewed. (II) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law, the Secretary of the Treasury may compare information disclosed under subclause (I) with any other personally identifiable information derived from a Federal system of records or similar records maintained by a Federal contractor, a Federal grantee, or an entity administering a Federal program or activity, and may redisclose such comparison of information to any paying or administering agency and to the head of the Federal Bureau of Prisons and the head of any State agency charged with the administration of prisons with respect to inmates whom the Secretary of the Treasury has determined may have been issued, or facilitated in the issuance of, an improper payment. (III) The comparison of information disclosed under subclause (I) shall not be considered a matching program for purposes of section 552a of title 5, United States Code. 51 (C) Notwithstanding the provisions of section 552a of title 5, United States Code 52, or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 53 and section 1106(c) of this Act), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, Social Security number, and photograph (if applicable) of any beneficiary under this title, if the officer furnishes the Commissioner with the name of the beneficiary, and other identifying information as reasonably required by the Commissioner to establish the unique identity of the beneficiary, and notifies the Commissioner that (i) the beneficiary is described in clause (iv) or (v) of paragraph (1)(A); and (ii) the location or apprehension of the beneficiary is within the officer s official duties. 664
Claimants, Beneficiaries, and the Criminal Justice System Section BB 416.201 General Definitions and Terms Used in This Subpart Submitted By: Michelle Bonner, Executive Director, DC Corrections Information Council Tammy Seltzer, Esq., Director, DC Jail and Prison Advocacy Project, Disability Rights DC at University Legal Services Any 9-month period means any period of 9 full calendar months ending with any full calendar month throughout which (as defined in 416.211) an individual is residing in a public emergency shelter for the homeless (as defined in this section) and including the immediately preceding 8 consecutive full calendar months. January 1988 is the earliest possible month in any 9-month period. Educational or vocational training means a recognized program for the acquisition of knowledge or skills to prepare an individual for gainful employment. For purposes of these regulations, educational or vocational training does not include programs limited to the acquisition of basic life skills including but not limited to eating and dressing. Emergency shelter means a shelter for individuals whose homelessness poses a threat to their lives or health. Homeless individual is one who is not in the custody of any public institution and has no currently usable place to live. By custody we mean the care and control of an individual in a mandatory residency where the individual s freedom to come and go as he or she chooses is restricted. An individual in a public institution awaiting discharge and placement in the community is in the custody of that institution until discharged and is not homeless for purposes of this provision. Institution means an establishment that makes available some treatment or services in addition to food and shelter to four or more persons who are not related to the proprietor. Medical treatment facility means an institution or that part of an institution that is licensed or otherwise approved by a Federal, State, or local government to provide inpatient medical care and services. Public emergency shelter for the homeless means a public institution or that part of a public institution used as an emergency shelter by the Federal government, a State, or a political subdivision of a State, primarily for making available on a temporary basis a place to sleep, food, and some services or treatment to homeless individuals. A medical treatment facility (as defined in 416.201) or any holding facility, detoxification center, foster care facility, or the like that has custody of the individual is not a public emergency shelter for the homeless. Similarly, transitional living arrangements such as a halfway house that are part of an insitution s plan to facilitate the individual s adjustment to community living are not public emergency shelters for the homeless. 665
Section BB National Social Security Disability Law Conference Public institution means an institution that is operated by or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county. The term public institution does not include a publicly operated community residence which serves 16 or fewer residents. Resident of a public institution means a person who can receive substantially all of his or her food and shelter while living in a public institution. The person need not be receiving treatment and services available in the institution and is a resident regardless of whether the resident or anyone else pays for all food, shelter, and other services in the institution. A person is not a resident of a public institution if he or she is living in a public educational institution for the primary purpose of receiving educational or vocational training as defined in this section. A resident of a public institution means the same thing as an inmate of a public institution as used in section 1611(e)(1)(A) of the Social Security Act. (See 416.211(b), (c), and (d) of this subpart for exceptions to the general limitation on the eligibility for Supplemental Security Income benefits of individuals who are residents of a public institution.) SSI means supplemental security income. State assistance means payments made by a State to an aged, blind, or disabled person under a State plan approved under title I,X, XIV, or XVI (AABD) of the Social Security Act which was in effect before the SSI Program. We or Us means the Social Security Administration. You or Your means the person who applies for or receives SSI benefits or the person for whom an application is filed. [47 FR 3103, Jan. 22, 1982, as amended at 49 FR 19639, May 19, 1984; 50 FR 48570, Nov. 26, 1985; 50 FR 51517, Dec. 18, 1985; 54 FR 19164, May 4, 1989; 72 FR 50874, Sept. 5, 2007] 666