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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Courts Rule Against SSA On Flight to Avoid Prosecution

  • Organization: Greater Upstate Law Project
  • Document Type: Article/News
  • Date Created: Monday, November 01, 2004
  • Submitted: Tuesday, October 04, 2005
  • Attachment(s): LINK

Two federal district courts this summer rejected the Social Security Administration's (SSA) interpretation of 42 U.S.C. ยง 1382(e)(4)(A), the so-called fugitive felon statute which makes a person ineligible for SSI if the person is "fleeing to avoid prosecution." (see Endnote on page 2) In both cases, SSA argued its position that one can flee to avoid prosecution without intending to do so or indeed without even knowing there is a prosecution from which to flee. In both cases, the courts ruled that intent is an element of the statute.

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