Garnes

ORDER

Plaintiff Mario T Garnes appeals from a decision by the Social Security Administration’s (SSA’s) Appeals Council to terminate her Social Security Income (SSI) benefits. That decision was based on the SSA’s finding that an outstanding 1990 warrant issued against plaintiff in the State of Virginia made her ineligible as “fleeing to avoid prosecution” under 42 USC section 1382 (e)(4)(A). ■ Plaintiffs underlying entitlement to SSI benefits based on developmental disability and mental illness is uncontested. Before the court are cross-motions for summary judgment on the question of whether the Appeals Council’s-determination that plaintiff was “fleeing to avoid prosecution” should stand or should be overturned. Based on a careful review of- the administrative record and of the applicable law, the court GRANTS the plaintiffs motion and DENIES the defendant’s motion.

I

A

According to plaintiffs declaration, she was born in San Francisco in 1967 and raised in Richmond, California. AR 112. She was born with a developmental disability. Id. In 1981, when she was fourteen years old,'she moved with her mother to Arlington, Virginia. AR 113. Plaintiff suffered from “severe anxiety and…