Chapter 1 : Social Security Fraud Lawyers DRK Attorneys Submit a Report Don't Ignore Fraud. Speak Up. Do you suspect someone of committing fraud, waste, or abuse against Social Security? SSA's OIG Fraud Hotline takes reports of alleged fraud, waste, or abuse. It takes important benefits and gives them to someone who did not earn them, which can lead to the need for restitution and punishment. How severe the penalty is in a specific case is generally based on how severe the offense is, and whether it was something ongoing, or an event that occurred only one time. If you find that you are facing charges for social security fraud, or another type of related fraud, you will want to find an attorney who is familiar with fraud penalties to help you get the best outcome for your case. At DRK Lawyers, we know that each and every client is innocent until proven guilty, and that they deserve just as much respect and dignity as anyone else. Accused of a crime does not mean guilty of that crime, and we will give you the respect and fair treatment that may be hard to find in other places throughout the criminal justice system. We will also represent you zealously, until there is a resolution to your case. If you are in the Pittsburgh area or anywhere else in western Pennsylvania, we want to hear from you regarding your fraud case. Social Security Fraud Charges Because you can be fined, imprisoned, or both if you are found guilty of fraud in the social security system, you need to have an attorney on your side right from the beginning. Having an attorney can keep you from feeling alone as you move through your case, and can help protect your interests. Being a victim is stressful, and if you have been accused of social security fraud or a related crime, our goal is to get to the bottom of the issue, so your case can be resolved. A good defense attorney is a start. When we work for you, we can examine any role you may have played, and work toward getting you exonerated or having the charges reduced to those that will carry much less significant consequences. Protecting your future and your freedom is important to our team of defense attorneys. Problems with a fraud conviction can harm you professionally, and can also cause disruptions in your personal life. It could even end your career, but because we were once prosecutors, we know how ruthless a prosecuting attorney can be. We also know what kinds of attacks the prosecutor will use against you, and we can refute those. That level of experience can help us get you the best possible resolution to your particular case. The goal is to get your charges dismissed by painting you in the best light possible. If that proves to not be possible, we will work for a reduction in charges, to give you the best available outcome. How may we assist you? Page 1
Chapter 2 : What are the most common social security scams? Investopedia Social Security fraud is a serious threat, given the fact that U.S. Social Security Administration (SSA) has given out million Social Security numbers since the program's inception in, and issues million new numbers every year. After age 70 there are no more increases in retirement benefits allowed. Social Security uses an "average" survival rate at your full retirement age to prorate the increase in the amount of benefit increase so that the total benefits are roughly the same whenever you retire. Women may benefit more than men from this delayed benefit increase since the "average" survival rates are based on both men and women and women live approximately three years longer than men. The other consideration is that workers only have a limited number of years of "good" health left after they reach full retirement age and unless they enjoy their job they may be passing up an opportunity to do something else they may enjoy doing while they are still relatively healthy. Benefits while continuing work[ edit ] Due to changing needs or personal preferences, a person may go back to work after retiring. In this case, it is possible to get Social Security retirement or survivors benefits and work at the same time. A worker who is of full retirement age or older may with spouse keep all benefits, after taxes, regardless of earnings. Deductions cease when the benefits have been reduced to zero and the worker will get one more year of income and age credit, slightly increasing future benefits at retirement. Your first social security check will be delayed for several monthsâ the first check may only be a fraction of the "full" amount. The income limits change presumably for inflation year by year. A father or mother with minor or disabled children in his or her care can receive benefits which are not actuarially reduced. If the surviving spouse starts benefits before normal retirement age, there is an actuarial reduction. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. November Learn how and when to remove this template message A worker who has worked long enough and recently enough based on "quarters of coverage" within the recent past to be covered can receive disability benefits. These benefits start after five full calendar months of disability, regardless of his or her age. The eligibility formula requires a certain number of credits based on earnings to have been earned overall, and a certain number within the ten years immediately preceding the disability, but with more-lenient provisions for younger workers who become disabled before having had a chance to compile a long earnings history. The worker must be unable to continue in his or her previous job and unable to adjust to other work, with age, education, and work experience taken into account; furthermore, the disability must be long-term, lasting 12 months, expected to last 12 months, resulting in death, or expected to result in death. Supplemental Security Income SSI uses the same disability criteria as the insured social security disability program, but SSI is not based upon insurance coverage. Severely disabled children may qualify for SSI. Standards for child disability are different from those for adults. Disability determination at the Social Security Administration has created the largest system of administrative courts in the United States. Depending on the state of residence, a claimant whose initial application for benefits is denied can request reconsideration or a hearing before an Administrative Law Judge ALJ. Reconsideration involves a re-examination of the evidence and, in some cases, the opportunity for a hearing before a non- attorney disability hearing officer. If the claimant is denied at the reconsideration stage, s he may request a hearing before an Administrative Law Judge. In some states, SSA has implemented a pilot program that eliminates the reconsideration step and allows claimants to appeal an initial denial directly to an Administrative Law Judge. Because the number of applications for Social Security disability is very large approximately, applications per year, the number of hearings requested by claimants often exceeds the capacity of Administrative Law Judges. The number of hearings requested and availability of Administrative Law Judges varies geographically across the United States. In other areas, waiting times of 18 months are not uncommon. The decision can be Fully Favorable the ALJ finds the claimant disabled as of the date that s he alleges in the application through the present, Partially Favorable the ALJ finds the claimant disabled at some point, but not as of the date alleged in the application; OR the ALJ finds that the claimant was disabled but has improved, or Unfavorable the ALJ finds that the claimant was not disabled at all. The Appeals Council does not hold hearings; it accepts written briefs. Response time from the Page 2
Appeals Council can range from 12 weeks to more than 3 years. As in most federal court cases, an unfavorable district court decision can be appealed to the appropriate United States Court of Appeals, and an unfavorable appellate court decision can be appealed to the United States Supreme Court. The Social Security Administration has maintained its goal for judges to resolve â cases per year but an Administrative Law Judge on the average nationwide disposes of approximately cases per year. The debate about the social security system in the United States has been ongoing for decades and there is much concern about its sustainability. About the only way to avoid paying either FICA or SECA taxes is to join a religion that does not believe in insurance, such as the Amish, Christian Science or a religion whose members have taken a vow of poverty see IRS publication [57] and [58]. Federal workers employed before, various state and local workers including those in some school districts who had their own retirement and disability programs were given the one-time option of joining Social Security. Many employees and retirement and disability systems opted to keep out of the Social Security system because of the cost and the limited benefits. It was often much cheaper to obtain much higher retirement and disability benefits by staying in their original retirement and disability plans. Railroad retirement Tier I payroll taxes are coordinated with social security taxes so that employees and employers pay Tier I taxes at the same rate as social security taxes and have the same benefits. In addition, both workers and employers pay Tier II taxes about 6. Tier 2 benefits are a supplemental retirement and disability benefit system that pays 0. The FICA taxes are imposed on nearly all workers and self-employed persons. Employers are required [62] to report wages for covered employment to Social Security for processing Forms W-2 and W Some specific wages are not part of the Social Security program discussed below. Internal Revenue Code provisions section [63] imposes payroll taxes on individuals and employer matching taxes. Generally, the payroll tax is imposed on everyone in employment earning "wages" as defined in [65] of the Internal Revenue Code. Page 3
Chapter 3 : How do you report fraud to the Social security administration? You may report suspected Social Security fraud to your local office, or by calling the toll free Social Security phone number at Of course, reporting fraud will require that you know some information about the person you are alleging has committed fraud. What Is It Costing Taxpayers? By Jim Probasco Updated October 8, â That said, fraud exists within the Social Security system. With almost 60 million people in the U. Improper Payments An improper payment is when Social Security remits funds in the wrong amount to the wrong person for the wrong reason. Social Security recognizes six types: Making False Statements on a Claim â This includes when applying for Social Security benefits and providing information you know to be untrue. Concealing Facts or Events â Failure to reveal information that could affect your eligibility is also fraud. Misuse of Benefits by a Representative â If a relative or friend mishandles benefits for someone who is incapacitated, that act is considered fraud. Criminal Behavior by SSA Employees â This could involve using insider access to obtain illegal benefits or to help another person obtain illegal benefits. If they do, they have committed fraud. Misuse of Social Security Numbers for the Purpose of Committing Terrorist Acts â If anyone with links to terrorist groups or organizations allows this, it is fraud. Cost to Taxpayers The SSA ranks third among government agencies when it comes to improper payments, including fraud. Retirement, survivors and disability insurance made up most of that amount, while supplemental security income accounted for the rest. In addition, the use of fake or stolen Social Security numbers to obtain fraudulent tax refunds from the Internal Revenue Service IRS costs taxpayers billions each year, according to the agency. The Bottom Line Social Security fraud is a serious and costly problem. If the OIG determines that fraud has occurred, it will pursue the case. Trading Center Want to learn how to invest? Get a free 10 week email series that will teach you how to start investing. Delivered twice a week, straight to your inbox. Page 4
Chapter 4 : What You Can Do If You Suspect a Fraudulent SSDI or SSI Claim DisabilitySecrets Social Security Fraud Hotline P.O. Box Baltimore, Maryland When working properly, the Social Security Disability program is a wonderful asset. To those individuals suffering and unable to work, or even waiting out the last stage of their lives, it is often a much-needed benefit. There are a lot of ways to commit Social Security fraud. Not all of them are obvious. Hiding work activity while receiving disability benefits. Getting Social Security benefits for a child not under your care. Failing to let the SSA know that a beneficiary has died and continuing to receive and cash the checks sent to the deceased. That kind of discrepancy makes all kinds of fraud possible. Learn more about them here, as well as how to report fraud when you see it. Making false statements on claims What it is: When you apply for Social Security benefits and give information you know is untrue. You say you have no source of income, but you do. Hiding facts or events What it is: When you conceal facts that affect eligibility for benefits. Misuse of benefits by a representative What it is: When you represent a family member or friend who is unable to manage his benefits, then spend those funds for unintended purposes. Buying or selling fake or real Social Security cards What it is: Like it soundsâ when you buy or sell bogus or genuine Social Security cards. Crimes involving SSA employees What it is: Also, when you help someone else to. Impersonation of a Social Security Administration employee What it is: You call an elderly person and say you need information such as her Social Security number, date of birth, and bank account number. Bribery of an SSA employee What it is: When you offer an SSA employee anything of value in exchange for government services. Misusing grant or contracting funds What it is: SSA oversees a lot of grants and contracts, and waste and mismanagement counts as fraud. You offer an SSA employee an envelope with cash to win a contract. Violations of standards of conduct What it is: SSA employees are bound by standards of ethical conduct, and disobeying federal, state or local laws or regulations is a violation. Social Security number misuse involving people with links to terrorist groups or activities What it is: A type of fraud tied to national security. You discover someone you know has a fake Social Security card and may belong to a terrorist organization. You contact the Social Security fraud hotline. Here are four ways: Fill out and submit a fraud reporting form online. Social Security Fraud Hotline, P. Box Baltimore, MD In fiscal year, the Office of the Inspector General received 89, allegations through the fraud hotline. Chapter 5 : New Social Security Scam Targets Benefit Check Recipients Do you suspect someone of committing fraud against Social Security? The SSA OIG Fraud Hotline takes reports of alleged fraud, waste, and abuse. Reporting is easy, safe, and secure. Chapter 6 : Social Security Fraud: What Is It Costing Taxpayers? Investopedia 10 Outrageous Examples of Social Security Disability Fraud Social Security Disability Insurance is meant to provide assistance to Americans who are unable to work due to physical or mental disabilities. Chapter 7 : Social Security (United States) - Wikipedia With growing outrage over billions of dollars of Social Security fraud - from phony disability insurance claims to retirement payments for deceased beneficiaries - Congress is about to approve. Chapter 8 : How to Report Social Security Fraud: 11 Steps (with Pictures) The Social Security Administration (SSA) and its Office of the Inspector General (OIG) have received reports that Kentucky citizens who used Conn's law firm to assist with applying for Social Security disability benefits have recently Page 5
received suspicious calls from people claiming to be from SSA. Chapter 9 : Social Security Fraud, Misuse, or Impersonation EJI Department of Justice 1 Identity theft is one of the fastest growing crimes in America. A dishonest person who has your Social Security number can use it to get other personal. Page 6