Under the Social Security Act, "fugitive felons" are ineligible for Social Security and SSI benefits. A "felony" generally refers to a serious crime, either violent or non-violent, that is usually punishable by imprisonment for more than 1 year. A "fugitive felon" is defined as someone who is fleeing to avoid prosecution for a felony, or to avoid custody or confinement after conviction for a felony. Violators of probation or parole imposed under federal or state law are also ineligible for SSI. 42 U.S.C. §1382(e)(4); 20 C.F.R. §416.1339.

This amendment to the Social Security Act was a result of welfare reform legislation enacted in 1996, the Personal Responsibility and Work Reconciliation Act (PRWORA). PRWORA also made fugitive felons ineligible for other welfare benefits including food stamps, Temporary Assistance to Needy Families (TANF), and certain federal housing assistance benefits.

Challenges to the fugitive felon rules are in progress. Please contact us for more information if you need advice or assistance...