NYC Disability Fraud Lawyers

When someone receives disability because of being unable to work, that person usually has to go through an application process that involves reporting wages that have been earned from previous jobs as well as reasons behind not being able to hold a job. At times, those who receive disability are healthy enough to work but have doctors who will write letters of recommendation for disability payments if the recipient gives a percentage to the doctor. There are also doctors who will work with patients to help them obtain disability because they get a percentage of payments from other offices and insurance companies. However, these methods of receiving disability are considered fraud and can be punishable by time spent in prison or hefty fines. An attorney can work with you to discuss how you obtained disability, whether you are truly not able to work, and who has been involved in the process of securing disability payments if you feel that you have been mistakenly charged with fraud.

One of the elements associated with receiving disability benefits is that you are not able to work for at least one year because of a health issue or injury. A way that some people receive disability benefits when they are able to work is to make false claims about the condition that they have. They could also intentionally cause harm to themselves, making it difficult to work so that they receive benefits. Previous jobs that you have held must have provided social security benefits in order for you to be eligible for disability if the need arises. There are also disability descriptions that the Social Security Administration uses to determine if you are eligible to receive benefits or not. Some people only need benefits for a short time until they are able to return to work while others have disabilities that prevent them from ever holding a job. Most people who receive disability benefits also receive healthcare as well as other benefits from the government to help them maintain their quality of life, such as food stamps or housing assistance.

During the application process, you must declare that the information provided is true. Any statement that is made that is deemed false is considered fraud. Someone who applies for disability and claims blindness and is unable to drive a vehicle commits fraud if that person has a valid driver’s license. Another way that you could commit fraud is if you state that you have no income in the home but are known to receive payments from working under the table and receiving cash. You could also receive payments from rental properties or an insurance settlement that you don’t indicate on the application. You also commit fraud when you don’t include everyone living in the home or if you indicate that you are single when you’re really married because everyone’s income in the home is taken into consideration when disability benefits are calculated. Someone who is single would normally receive a higher benefit than someone who is married. Sometimes, an applicant who is married isn’t eligible to receive benefits at all because the spouse has health insurance that covers the applicant and makes enough money to support the family.

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Legal Scenario: What Would You Do?

Scenario

You've been collecting Social Security Disability Insurance for a chronic back condition, but a neighbor reported seeing you doing yard work and lifting heavy bags of mulch. Now you've received a letter from the Social Security Administration stating they are investigating you for potential disability fraud.

Can I really be charged with a crime just because someone saw me doing physical activity while receiving disability benefits?

Attorney's Answer

Yes, disability fraud is a serious federal offense under 18 U.S.C. § 1920, which carries penalties of up to five years in prison and fines up to $250,000. The government will look at whether you knowingly made false statements or concealed material facts about your physical capabilities when applying for or continuing to receive benefits. However, being seen performing occasional physical tasks does not automatically prove fraud — the prosecution must demonstrate that you intentionally misrepresented your condition to obtain benefits you knew you were not entitled to. An experienced disability fraud defense attorney can challenge the government's evidence, retain independent medical experts to document your legitimate limitations, and negotiate with prosecutors to potentially reduce or dismiss the charges.

This is general information only. Contact us for advice specific to your situation.

There are a few facts that an applicant might conceal when applying for disability that are considered fraudulent because the SSA needs to know about these issues from the first time the person applies. One common fact that many applicants leave off the application is that they have spent time in jail. Another is that they have obtained some type of employment, such as a part-time job. If you have been charged with disability fraud, it’s important to contact an attorney so that you can obtain any benefits that you do deserve. An attorney will work to gather evidence to show that you are disabled and present the findings in court or work with you to discover why you received benefits when you shouldn’t have.