who to talk to for ssi fraud lawyer

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/.

Full Answer

What to do if someone is committing social security fraud?

If you believe there is a possibility that someone you know is committing fraud against the Social Security Administration (SSA), there are several things you can do. If you have enough facts and you are confident the person is committing fraud, visit the SSA website. Here you will see that there are several ways to report fraud.

How do I find a Social Security disability lawyer?

The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims. Once you've chosen someone to handle your case, you need to notify Social Security in writing.

What happens if you are accused of Social Security Disability fraud?

Misuse of benefits by representative payee: A payee is appointed by the SSA to make sure that the funds are used for beneficiaries with disabilities. If the payee uses these funds for himself or others, then that is fraud. First, you need to realize that such an accusation is a serious one and may result in criminal and civil penalties.

What to do if someone is defrauding Social Security disability?

If you believe someone is defrauding social security disability, you should file a report with the SSA immediately. Reports can be filed online with the Office of the Inspector General, or you can call the Social Security Fraud Hotline at 800-269-0271. You can choose to file a confidential or anonymous report.

Is Social Security fraud a federal crime?

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.

What is the punishment for Social Security fraud?

Penalties for Social Security Disability Fraud Social security disability fraud is punishable by up to five years in prison, a fine of up to $250,000, or both.

Is there a reward for reporting SSI fraud?

First, you cannot simply call a hotline to report fraud against the government. Even if you report everything you know to a government agent and they use your information to collect millions, you will not get a reward.

Does SSI track your spending?

A special note about SSI payments We don't count all resources. However, some items you buy could cause the recipient to lose their SSI payments. Any money you don't spend could also count as a resource.

Can Social Security tap your phone?

(2) SSA employees authorized to listen-in to or record telephone calls are permitted to annotate personal identifying information about the calls, such as a person's name, Social Security number, address and/or telephone number.

Can a payee go to jail?

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.

Does Social Security spy on disability applicants?

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.

How do I report someone for false claiming benefits?

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. Lines are open Monday to Friday, 8am to 6pm.

You May Choose Somebody to Help You With

Completing forms;Going with you to your local Social Security office;Interpreting for you;Gathering and giving information;Taking you to medical ex...

If You Want Help With Your Claim, You May Appoint A Representative to Help You

Complete and file forms;Gather information and file it with us;Review your file and understand the law;Review your file and understand the law;Get...

How Do You Appoint A Representative?

You must sign a statement naming (or in other words "appointing") your representative. We have an "Appointment of Representative" form that you can...

If You Do Not Speak English Or Have Difficulty Speaking English

We will provide an interpreter, at no cost to you, if you ask for one or if you need language assistance.You may use a bilingual family member, fri...

If You Are Deaf Or Hard of Hearing

You may provide your own sign language interpreter, at no cost to us. If you prefer, we will provide you with a sign language interpreter, if neede...

If You Think You Can't Afford to Appoint A Representative

If you do not have a representative and we denied your case, we will give you a list of legal referral services, legal service organizations (for e...

What We Will Ask You About

To decide whether you can get SSI, we will ask you about:your income;the things you own (resources);your living arrangements (where you live, with...

How to report SSA fraud?

Here you will see that there are several ways to report fraud. There is an online form, a mailing address, a fraud hotline you can call (800-269-0271), and a FAX number (410-597-0118). When making the report, give as many details that you can , especially the name of the person committing fraud and his or her address, phone number, birthdate, and Social Security number. Explain how you think the person is committing fraud or falsely claiming benefits, a general timeline if you are aware of it, and include the names of other people who may also be aware of the fraud.

What happens if you are a victim of SSDI fraud?

If you suspect SSDI fraud, you can take action to report it.

What are some examples of disability fraud?

Social Security disability fraud is defined in several ways. Examples of disability fraud include: 1 False statements: Fraud can simply be making a false statement on the disability application, like saying you are married when you are not, or lying about a source of income. 2 Falsified documents: Fraud can also take the form of the use of a fraudulent document, like a Social Security card that has been altered or falsified. 3 Concealing information: Concealing information, like not reporting improvement in your medical condition to the SSA, is another form of fraud. Anything that may affect eligibility for benefits must be reported to the SSA. If the beneficiary dies, then that must be reported right away as well, since cashing checks of a deceased person is illegal and constitutes fraud. 4 Misuse of benefits by representative payee: A payee is appointed by the SSA to make sure that the funds are used for beneficiaries with disabilities. If the payee uses these funds for himself or others, then that is fraud.

What is the purpose of a payee appointed by the SSA?

Misuse of benefits by representative payee: A payee is appointed by the SSA to make sure that the funds are used for beneficiaries with disabilities. If the payee uses these funds for himself or others, then that is fraud.

What is a false statement on a disability application?

False statements: Fraud can simply be making a false statement on the disability application, like saying you are married when you are not, or lying about a source of income.

How much jail time is there for Social Security fraud?

There are severe penalties for Social Security card fraud and disability fraud. Felony criminal penalties can be up to $250,000 in fines and/or up to five years jail time. On top of the criminal penalties, there may be civil penalties as well.

What happens if you are found guilty of fraud?

A person found guilty of fraud may be sued in civil court and have to pay a large fine, and may have his or her professional license suspended. Each false statement a person made by signing a form or statement while knowing that he or she was not eligible can result in fines up to $5,000. Talk to a Disability Lawyer.

What is the number to call for SSA fraud?

Social Security Fraud, Misuse, or Impersonation. Or call 1-800-269-0271. SSA’s Office of Inspector General (OIG) reviews all reports that are filed. SSA OIG cannot provide you with information about actions taken on any reports.

Can SSA OIG provide information?

SSA OIG cannot provide you with information about actions taken on any reports. Federal regulations do not allow information in law enforcement records to be shared, even with the person who made the report. Representative Payee Interdisciplinary Training. When people need help managing their money.

Where to file a child disability report?

You can complete the Child Disability Report at www.ssa.gov/childdisabilityreport if you are filing for a child.

Who can interpret for you?

You may use a bilingual family member, friend, or other third party to interpret for you.

Do you have to be a lawyer to be a representative?

Your representative does not have to be a lawyer, but he or she must have certain qualifications. For example, attorneys must be licensed and all others must have good character and skills to help you. Also, the representative cannot be someone who is disqualified or suspended from representing individuals before us or is prohibited by law from acting as a representative.

Can a representative charge more than the amount we authorize?

The representative you appoint may not charge you a fee that is more than the amount we authorize.

What does an attorney do for Social Security?

Communication: An attorney can keep track of the status of your claim, alert you to any requests for new information, and speak with Social Security Administration (SSA) representatives on your behalf to answer questions that may arise regarding your application.

What is the process of hiring a disability attorney?

If you hire a Social Security Disability attorney to help with your claim, he or she will guide you through the following process: Preparation: Preparing your claim, which will include gathering documents and other required information is an essential part of the claims process.

How does the SSA determine if a worker has worked long enough to receive benefits?

The SSA determines whether workers have worked long enough to receive benefits by calculating the amounts they should receive and converting their earnings into work credits. A worker can earn four credits for a year of work, depending on his or her yearly income (one-quarter of coverage, or QC) changes every year. In 2017, a worker will earn one work credit for every $1,300 of wages or self-employment income. However, when the worker earns more than $5,200, they are capped for the year as he or she received four credits. The formula for this number is complicated, but it is recalibrated annually and never decreases.

How many people are denied disability?

Nearly 60 percent of all first-time applicants are initially denied disability benefits, and close to 90 percent of applicants seek the help of a representative at some point in the process. The process of applying and appealing denied claims is often complicated, and the chances of success are far greater with the help of an experienced Social Security disability attorney.

What happens when a disability claim is approved?

Finalizing a Claim: If your disability claim is approved, your attorney will review the SSA’s calculations to determine if any vital information was missed or if any errors were made. He or she will also address any questions you may have concerning your new benefits.

Can a denied Social Security claim affect your family?

More often than not, applications for Social Security disability are initially denied; however, an initial denial does not necessarily mean that the applicant is not entitled to benefits.

Can you get denied Social Security?

More often than not, applications for Social Security disability are initially denied; however, an initial denial does not necessarily mean that the applicant is not entitled to benefits.

What is disability fraud?

Social security disability fraud is any attempt to obtain benefits you would not be entitled to receive but for the fraudulent action. There are many ways to commit fraud, either alone or in conjunction with one or more people – even with an SSA representative. Below are five examples of actions that the SSA considers fraudulent.

How long is the penalty for disability fraud?

Penalties for Social Security Disability Fraud. Social security disability fraud is punishable by up to five years in prison, a fine of up to $250,000, or both. For those in positions of trust – such as doctors, representatives (people who file on behalf of another) or SSA employees, the maximum penalty is up to 10 years in prison;

Is Sharon's failure to report a change in her medical condition fraudulent?

Because SSD recipients are required to immediately notify the SSA of changes in their medical condition, good or bad, Sharon’s failure to report the change in her medical condition is fraudulent, especially if the change would make her ineligible for continued benefits. Failure to notify the SSA of changes in your employment status.

Can you file a confidential report with the SSA?

You can choose to file a confidential or anonymous report. In a confidential report, you give the SSA your contact information and authorize them to call you for additional information; they will release your contact information only when required by law, for example as part of a subpoena or court order.

Does the SSA receive anonymous reports?

If you submit an anonymous report, the SSA does not receive your name or contact information, and your identity will remain a secret, even in the fact of a court order or subpoena. You can also provide the SSA with your name and contact information and give them permission to release it as needed.

Is Sharon's death a fraud?

This constitutes fraud because SSD beneficiaries are required to immediately notify the SSA of any income changes. Failure to notify the SSA of a recipient’s death. Sharon died while receiving SSD benefits.

How to find an attorney for disability?

You can also locate an attorney by calling different disability attorneys in your community and asking if they take overpayment cases. Once you have a few names, you can meet with attorneys to see whose approach you like best.

How long does it take for a Social Security attorney to return money?

If he spends less than 15 hours, he will return money from your retainer to you at the end of the case. Attorneys in Social Security overpayment cases are conscious that their clients are usually lower-income individuals due to their disability, and they know that it might be hard for the client to pay the attorney's bill. ...

How to get overpayment from attorney?

When attorneys do take overpayment cases, they will usually have you sign a fee petition agreeing to pay an hourly fee for the time that they spend working on your case. Then, when the case is over, the lawyer has to petition Social Security to approve the fee. Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount.

How much do disability attorneys charge?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000 , whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney.

What happens if you lose your Social Security case?

That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...

What does Social Security consider when deciding a fee?

Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount. Getting Social Security ...

Where do attorneys hold their retainers?

Attorneys must hold their retainers in special bank accounts called client trust accounts. After the attorney has completed all of the work on your case, he will submit a petition to Social Security to review the fee agreement and approve his fee. Once Social Security approves the fee (or modifies it), the attorney can take money to pay ...

What is the best way to find a lawyer for disability?

Your local Social Security office can provide a list of legal referral services and nonprofit groups, such as bar associations and legal aid organizations, that can either provide or help you find representation. The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims.

What to do if you disagree with Social Security?

Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

How much does Social Security pay a representative?

In a typical fee agreement, the representative's payment is capped by federal law at 25 percent of back pay or $6,000, whichever is less.

How to file SSA-1696?

Once you've chosen someone to handle your case, you need to notify Social Security in writing. Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

Who can fill out the SSDI application?

A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.

Do disability lawyers get paid?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

Can you verbally appoint a representative for Social Security?

During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.

What is a congressional inquiry?

With regard to inquiries, this is exactly the kind of assistance that one could hope to receive from a senator or congressman's office. These are known as congressional inquiries and they basically amount to a status inquiry on someone's case. Such inquiries typically have little effect when an SSD or SSI claim is being worked on by a disability examiner. However, if a case has been pending for quite a long time at a disability hearing office, a congressional inquiry may help to move the hearing request along a bit faster.

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

Can a congressional inquiry help with disability hearings?

However, if a case has been pending for quite a long time at a disability hearing office, a congressional inquiry may help to move the hearing request along a bit faster. On the subject of providing the names of local disability representatives, this is something that was once taboo for social security field offices.

Is Social Security voluntary?

Yes, it's true that the social security retirement and disability system is compulsory not voluntary, meaning that FICA taxes are taken out of a person's paycheck. Even self-employed individuals must pay into the system or else not be covered for social security retirement or Social Security Disability benefits.

What to do if your Social Security claim has been rejected?

If it's complicated applying for Social Security benefits, or if a disability claim has been rejected, you can enlist an attorney for help.

What to do if you can't resolve a Social Security claim?

If you have a Social Security dispute that you can’t resolve on your own, finding a lawyer can be the next step. Since you may not have a lot of experience looking for lawyers—particularly lawyers specializing in Social Security—we put together a guide to help you find the right one for your case.

What is a disability on Social Security?

Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. 2 In other words, if you never paid into Social Security, you’re not going to get anything out. If you do qualify, you can get monthly benefits checks ...

How much do lawyers charge for Social Security?

Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits , up to a maximum of $6,000. 1.

What happens if you get nothing from a lawyer?

Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most.

What to look for in a lawyer?

Make sure the lawyer you choose has a solid reputation, track record, and ethical grounding.

What to ask before hiring a lawyer?

Before hiring a lawyer, ask about the fee structure. If they tell you that it’s all paid by the Social Security Administration, ask about any extra fees that might come out of your pocket.