disability attorney who defrauded government of nearly $600 million vanishes before sentencing

by Dr. Aileen Stokes 7 min read

Who was charged in the $600 million disability fraud?

“The defendants are charged with designing an intricate scheme to fraudulently induce payment of $600 million in federal disability and health care benefits,” said Assistant Attorney General Leslie R. Caldwell. Daugherty was sentenced to four years in prison for taking over $600,000 in bribes.

Do disability lawyers get paid if they win a case?

Most disability attorneys and nonlawyer representatives will be paid a fee only if they win the case (this is called a contingency fee). Here's how it works.

Was Justice served to scam artists who prey on desperate homeowners?

“Today justice was served to scam artists who preyed upon hundreds of desperate homeowners, taking money in exchange for empty promises,” said Christy Goldsmith Romero, special inspector for the federal government’s Troubled Asset Relief Program.

Who was the man behind the funeral fraud?

The elder Cassity was an attorney who had been disbarred in the 1980s after his conviction for an earlier scam, according to news accounts of his trial. Far from being rehabilitated, he simply hit on an even more devastating con game, becoming the mastermind of the prepaid funeral fraud, said prosecutors at his trial.

How much can a disability attorney charge?

Again, the maximum the disability attorney or nonattorney advocate can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your representative will be paid $2,500 and you will receive $7,500. However, an experienced representative is likely to be able to get you more in backpay by negotiating your disability onset date with the SSA —s omething you can't do without a hearing (in an "on-the-record" ALJ decision) if you're not represented.

What records do disability attorneys need?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive.

Can a Social Security representative be paid out of past due benefits?

The representative will be paid only out of your past-due benefits, or "backpay." If no back-dated benefits are awarded, the representative will not receive a fee. However, in this situation and a few others, the representative is allowed to submit a fee petition to Social Security to request a higher fee.

Does it cost to hire a disability representative?

It doesn't usually cost you anything to hire a representative; the fee will be paid out of the disability award you eventually receive. Some representatives, however, will ask you to pay a nominal amount for costs (see below) at the beginning of your case.

Can a representative ask for money in advance?

Sometimes a representative will ask for money in advance to pay for these items. This is permitted so long as the representative holds the money in trust until it is needed. However, attorneys usually front these costs for their clients. Then, once the case has closed, regardless of whether you win or lose, the attorney will send the client a bill requesting reimbursement for any funds fronted on behalf of the client.

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

What does a lawyer do for disability?

Your lawyer will gather all your medical records from all your providers and help compile your file in a maneuverable manner so Disability Determination Services can see that you are unable to work.

What happens to the disability applicants who receive a denial of their claim for Social Security Disability?

What happens to the disability applicants who receive a denial of their claim for Social Security Disability benefits? If they have any hope of receiving disability benefits in the future, they must appeal the SSA's decision to deny their application for disability benefits.

What is contingency basis for disability?

Disability attorneys and advocates take cases on the contingency basis. This means that your advocate or lawyer isn’t paid until your claim is approved and you get disability benefits.

What happens if you can't work because of a medical condition?

If you are unable to work because of a medical condition, you may qualify for disability benefits from the Social Security Administration (SSA). The SSA oversees two different disability programs that provide monthly benefits to those who meet the criteria to be declared disabled per SSA guidelines.

How long does a disability last?

To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...

What to ask when meeting with a disability lawyer?

The first thing you need to ask when you meet with the lawyer or advocate you are interested in working with is how accessible they will be. Many Social Security Disability attorneys and advocates handle a large volume of cases.

How long do you have to work with a disability advocate?

You need to be able to get along with the Social Security disability advocate or lawyer you work with. This professional may be working with you for a year or more depending on how far you have to appeal your Social Security Disability case. If you are working with a lawyer or advocate who is rude or abrasive or does not respect your feelings, it will make things complicated.

You Can Receive Monthly Compensation and Other VA Benefits

With a grant of approval of VA disability, you can start collecting monthly compensation. It lasts as long as your service-connected disability persists. You will also receive free health care at VA facilities.

If You Have Received a Denial of VA Disability Benefits, We Can Appeal It on Your Behalf

Just because you have received a denial of VA disability benefits does not mean you should give up your quest to collect them. Our attorneys have helped many veterans appeal VA’s decision and receive a grant of benefits.

Why was my Social Security disability denied?

The Social Security Administration has identified the six most common reasons for denied social security disability benefits: The applicant’s disability is not severe, or it is not expected to last more than 12 months. The claimed disability does not prevent the applicant ...

What is a claimed disability?

The disability is the result of a substance addiction. The applicant did not include sufficient medical evidence to verify the disability.

How many levels of appeal for disability?

Applicants who are denied disability benefits generally have four levels of appeal: A personal hearing in front of an Administrative Law Judge; An appeal of the case in Federal Court. The policies and procedures for appealing a social security disability denial can be confusing and frustrating.