Slusser v. Astrue, No. 07-3797.
In 1993, plaintiff, a paranoid schizophrenic, attempted to steal a purse from an elderly woman on a bus. When questioned by arresting officers, plaintiff stated that she believe the purse contained muriatic acid. Based on this incident, plaintiff was sentenced to one year of community control followed by one year of probation. Under the terms of her community control, plaintiff had to remain confined to her residence except for her employment. In 1994, plaintiff left the state in violation of her community control, and a warrant was issued for her arrest. Based on this warrant, plaintiff’s SSI benefits were suspended as she was ineligible to receive those benefits.
On appeal, plaintiff argued that 20 C.F.R. 416.1339(a)(2) required a finding that she was fleeing custody or confinement and, because of her mental disability, she could not form the intent necessary for such a finding. The Eighth Circuit Court of Appeals noted that plaintiff had testified she “purposefully left Florida knowing her departure was contrary to her duty to obey the conditions of her community control.” Because of this testimony, the court held that a specific finding of intent was not necessary.
