The Koger Building
Corner of 9th Street North & Gandy Blvd.
9721 Executive Center Drive North, Suite 120
St. Petersburg, FL 33702
Don’t Gamble that the Government Will Overlook Your Warrant
Section 202(x)(1)(A) and 1611(e)(4)(A) of the Social Security Act, (after amendment by P.L. 108-203) provides that after 12/31/04, no monthly benefits will be paid to any individual for any month during which that person has one of the following outstanding warrants for their arrest:
Section 202(x)(1)(B) of the Social Security Act (after amendment by P.L. 108-203) states that:
Your Social Security payments may be reinstated if:
Note: In some very limited circumstances, the Social Security Administration may be convinced to reinstate benefits even where a warrant continues to remain outstanding. However, “mitigating circumstances” must be shown to exist. These “mitigating circumstances” require that the warrant not be related to a violent crime or drug offense. In addition, the beneficiary must show that he has not been convicted of any subsequent felony since the outstanding warrant was issued. Likewise, the Social Security Administration must also find that the law enforcement agency that issued the warrant is unwilling to extradite you from a sister state. Even if your warrant satisfies all of these aforementioned prerequisites, there are time limitations and evidentiary requirements that are imposed in this administrative process. For example, the Social Security Administration requires the production of numerous official documents and your compliance within 90 days or less. See Social Security Administrations Program Operation Manual: POMS GN 02613.025 B.2.-4.c. As with all matters involving federal government agencies, you may find this administrative process confusing and difficult to navigate. Likewise, the fact of the outstanding warrant will continue to remain. That’s why the best solution is to seek the aid of an attorney who can petition the court to withdraw your warrant and resolve your criminal case.
Having a St. Petersburg / Clearwater criminal defense attorney take immediate action to have the Pinellas County Court Judge withdraw the outstanding warrant in your case, may be the quickest method for achieving the reinstatement of your social security disability benefits.
Read our blog article: Social Security Suspending Benefits Due to Outstanding Arrest Warrants.
We can take immediate action on your behalf to have the warrant withdrawn. This will enable you to notify the Social Security Administration that you are now eligible for the reinstatement of your monthly benefit checks. In some cases, this process may not require your return to the state of Florida, or even your personal attendance in court.