If you or a member of your family has been accused formally of acts involving disability fraud in a Social Security program claim it is important that you seek the assistance of counsel as soon as possible. A disability attorney or a criminal attorney would provide valuable assistance to you to protect your rights.
Full Answer
As a general rule, Social Security does not conduct any of this type of surveillance. Currently they simply do not have the budget or the personnel to investigate every disability filer. However, disability fraud is a big concern for Social Security. Fraud is even more of a concern in Congress where several members of Congress use the ...
· If you or someone you care about has been accused of Social Security benefit fraud, contact one of our experienced federal defense attorneys as soon as possible. At Wallin & Klarich, our attorneys have worked for over 40 years with people accused of fraud and other serious federal crimes. We are committed to giving you the best defense possible.
If you or a member of your family has been accused formally of acts involving disability fraud in a Social Security program claim it is important that you seek the assistance of counsel as soon as possible. A disability attorney or a criminal attorney would provide valuable assistance to you to protect your rights.
· The people who follow you are not police officers, they are investigators. The reason the SSA may follow you at your Consultative Exam is that they know you will be at the exam. Therefore, it is a good time to watch what you do. Consultative Exams are set up by the SSA. The SSA pays the doctors who do the exams.
CDI Investigation CDI investigations typically begin with a report of suspected fraud from SSA, State DDS, law enforcement, or the public. The CDI unit investigates statements and activities of claimants, medical providers, and other third parties, and obtains evidence to resolve questions of potential fraud.
There are specific laws [link below] about the unlawful claiming of social security that are punishable by up to 5 years in prison and a fine. Another even more serious charge associated with social security fraud is “theft of public funds.” Theft of public funds is a felony when the amount stolen is over $1000.
five yearsSocial security disability fraud is punishable by up to five years in prison, a fine of up to $250,000, or both.
If you decide to appoint someone to help you with your case, you must tell us in writing. You can sign and submit a written statement appointing the person, or use our standard form SSA-1696, Appointment of Representative.
Social Security fraud is a serious type of federal crime that involves attempting to commit or actually carrying out a scheme concerning Social Security benefits.
If you believe someone is using your Social Security number to work, get your tax refund, or other abuses involving taxes, contact the IRS online or call 1-800-908-4490. You can order free credit reports annually from the three major credit bureaus (Equifax, Experian and TransUnion).
Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.
Phone: Contact the National Benefit Fraud Hotline on 0800 854 4400. Your call is free and confidential you do not have to give your name or address.
If you know your Social Security information has been compromised, you can request to Block Electronic Access. This is done by calling our National 800 number (Toll Free 1-800-772-1213 or at our TTY number at 1-800-325-0778).
No. The Social Security Administration does not recognize power of attorney as conferring authority to manage another person's benefits. Nor is it sufficient to have your name on your mother's bank account or be her authorized representative.
Payees are required to spend the beneficiary's money only on the payee's medical needs and personal expenditures. If a representative is caught misusing a beneficiary's funds, he or she will not only have to repay the beneficiary, but also face fines and even imprisonment if found guilty.
Being an authorized representative, having power of attorney, or a joint bank account with the beneficiary is not the same as being a payee. These arrangements do not give legal authority to negotiate and manage a beneficiary's Social Security and/or SSI benefits.
We are committed to preventing, detecting, and eliminating fraud in our programs.
Fraud involves obtaining something of value through willful misrepresentation. In the context of our programs, fraud exists when a person with intent to defraud makes, or causes to be made, a false statement, or misrepresents, conceals, or fails to disclose a material fact for use in determining rights under the Social Security Act.
We use emails, text messages, and social media to provide information on our programs and services. However, we will not request personal or financial information through these methods. Sometimes, we send emails with information that are particular to your needs, usually after a discussion with you in person or over the phone.
Social Security has zero tolerance for fraud. We diligently work at the national, regional, and local level to combat fraud that undermines our mission to serve the American public.
Read OIG's Protecting Personal Information for their 10 Tips to Protect Personal Information and several actions to take if you suspect identity theft.
Do you suspect someone of committing fraud, waste, or abuse against Social Security? You can contact the OIG’s fraud hotline at 1-800-269-0271 or submit a report online at https://oig.ssa.gov/.
As a general rule, Social Security does not conduct any of this type of surveillance. Currently they simply do not have the budget or the personnel to investigate every disability filer. However, disability fraud is a big concern for Social Security.
I think it is reasonable to assume that surveillance and truly invasive investigations are only going to occur in the context of a criminal prosecution. Again, however, I would not assume that Social Security personnel would not conduct a quick Google, Facebook, Instagram or Twitter search.
I do think that Social Security has been and will continue to step up its continuing disability review program. CDRs are designed to identify approved claimants who show medical improvement and thus may be subject to benefit termination but if a CDR uncovers evidence of actual fraud (i.e., a claimant who is working for under-the-table cash, or who is engaged in criminal activity), Social Security will refer that person to the Department of Justice for a criminal investigation.
In my experience, Social Security relies on the claim adjudication process to weed out undeserving claims. I have not seen any instances in the pre-approval process where disability applicants were surveilled or followed.
Statistically, outright fraud happens rarely but given the size of the disability program, fraud does cost taxpayers millions of dollars per year. Congress has therefore been pressuring Social Security to increase its review of approved claims and to increase prosecution of claimants who commit outright fraud.
do not feel any need to explain to anyone why you are on disability or what you do during your day
Section 408) Federal law makes it a crime for anyone to misuse government-issued benefits intended for someone else. 5 According to the website of the SSA’s Office of Inspector General (OIG), it is a crime to “fail to notify the SSA of the death of a beneficiary and continue to receive ...
Under 42 U.S.C. Section 408, a conviction for this crimes can result in a federal prison term of up to 10 years, as well as fines of up to $250,000. In addition, the defendant will be made personally liable for the misused funds, meaning they will be responsible for repaying the money they stole.
Have you ever heard the saying, “Dead men tell no tales?” While this may be true, it is also apparently true that the dead can deposit Social Security checks.
If you or a member of your family has been accused formally of acts involving disability fraud in a Social Security program claim it is important that you seek the assistance of counsel as soon as possible. A disability attorney or a criminal attorney would provide valuable assistance to you to protect your rights. There could be jail time or large monetary judgments leveled against you in a fraud action. It is very important to have an attorney’s assistance. Don’t wait for a court to finally appoint someone you don’t know because it may be too late by then.
The Social Security has an Office of the Inspector General and within the office is the Office of Investigations (OI). The Office of Investigations conducts the investigations related to fraud, waste, abuse and mismanagement of Social Security programs and funds. Wrongdoing by applicants and others such as employees performing their duties are investigated here. This office is connected with the United States Department of Justice on all investigation matters relating to Social Security Administration programs and personnel. It joins investigative forces with all other State, Federal and local law enforcement agencies. So… got the picture yet? If you have been formally investigated and have been “wrongfully” or “rightfully” accused of committing a disability fraud within a Social Security program there is only one step you will need to take, get a disability or a criminal attorney and fast.
SSA sends investigators to the offices of the Consultative Examiner. The investigator can park outside the doctor’s office in a car. Sometimes, the investigator will be in the doctor’s waiting room, pretending to wait for an exam like you. The investigator may start a conversation with you. If you talk on your phone, they will listen. They will also watch how you get out of the car and how you walk. Likewise, they will check to see if you need a cane or other assistive device, like a walker. The investigator is comparing your behavior to the answers you wrote on the SSA’s forms about your daily activities.
Typically, when the SSA decides to start an investigation, they will have an investigator follow you at your Consultative Examination. The people who follow you are not police officers, they are investigators.
The SSA conducts investigations into claimants who are seeking disability benefits. Can you see that you need a legal team with experience to represent you before the SSA? Not only do you need an attorney in court, you need a legal team to help you apply for benefits and appeal SSA denials. Make sure your paperwork is correct. Don’t give the SSA a reason to investigate you. You also need an advocate to explain to a judge why SSA’s investigators should not be judging your disability. Especially when they are not doctors.
Beyond those issues, it is wrong to have people with no medical background making medical assumptions about disabled claimants. Not all disabilities are visible, especially to people who aren’t doctors. Watch for these investigators. They are not on your side. The SSA investigators are trying to write a report that says you are not disabled, even though they are not qualified to make that determination. You do not need to feel paranoid about SSA investigations. They are not done in every case. Importantly, if you are not committing fraud, then you have nothing to worry about. However, it is good to be aware of the SSA’s investigative techniques.
Please remember, just because two people show up at your front door claiming to be investigators with information about your identity theft or your stolen laptop, does not mean you need to talk to them. You do NOT need to let them into your house. Similarly, you do NOT need to answer their questions. In fact, you do NOT need to talk to them at all. You should ask for their police badge or official identification. If they cannot prove they are policemen, do not talk to them.
Here is the second thing you need to know. The SSA investigators may come to your house to investigate you .
The investigator may also follow you in a car if you drove to your appointment. If you drive home or to a gas station or a store, they will follow you. Wherever you go after your doctor’s appointment, they may be following you. If you go shopping, they will go into the store and watch what you buy. Their comments will be about whether or not you have physical problems getting in or out of your car. They will also comment upon your ability to walk into the store, or how long you can sit or stand.
You can avoid accidentally committing fraud by staying in communication with the SSA about any major life changes that may impact your benefits.
This is why the OIG takes responsibility for intensely investigating all potential instances of fraud and aggressively prosecuting individuals who commit fraud.
The OIG specializes in cases where an individual receiving benefits performs one or multiple fraudulent actions:
The categories of fraud. The actions that constitute fraud, waste, and abuse of disability benefits.
The Office of the Inspector General ( OIG) at the Social Security Administration ( SSA) was established in March 1995. The purpose of the OIG is to: 1 Oversee efficiency and effectiveness of administration of SSA programs. 2 Prevent and detect fraud, waste, and abuse in SSA programs. 3 Inform SSA and Congress about agency problems and recommend corrections.
Dealing with Social Security Disability investigation can be scary, especially if you know that you have not committed fraud! Let our team of trained experts help you with your case. We have experience where it matters the most.
As always, if you find out that you are the subject of a disability fraud investigation, promptly find an attorney and go over the next steps with him or her. Your attorney can potentially help get to the bottom of the investigation and mitigate the harm it may cause to your benefits or well-being.
1. See Your Physician Regularly. Make regular follow-up appointments with your treating physician and always discuss your mental or physical symptoms so that they are documented . 2.
When a person has been accused of fraud it is important to first seek legal advice and support. A legal professional will then help the person being accused of the fraudulent activity in winning the case. The lawyer will advise individuals to pull documents that will help prove that they did not act in a fraudulent way.
Some documents that may be necessary are bank statements, credit card reports, and paychecks. When a person is being accused of fraud they may be asked to appear in court to state their case.