SOCIAL SECURITY DISABILITY AND FRAUD Massey, Stotser & Nichols P.C. Attorneys Birmingham Alabama

SOCIAL SECURITY DISABILITY AND FRAUD

Posted by: Micah Adkins
April 09, 2009
Topic: SOCIAL SECURITY BENEFITS

The Social Security Administration's Office of Inspector General (OIG) is charged with the investigation of potentially fraudulent Social Security Disability (SSD) applications. Since 1998, the OIG has performed Cooperative Disability Investigations (CDIs) with the assistance of state law enforcement officers and employees of the Social Security Administration (SSA). The goal of the of the investigation is to identify and prosecute fraudulent SSD applications. The investigations may include surveillance of the claimant on his way or leaving "consultative" examinations. These examinations may be set up by the OIG for investigative purposes only.

The local SSA office is to notify the claim or the claimant's attorney of CDI information contained in the claimant's file for consideration by the Administrative Law Judge (ALJ). The claimant or the claimant's attorney should be afforded the opportunity to view the surveillance tape(s) prior to the benefits hearing. Often, in anticipation of criminal charges, the claimant's attorney may then refer or associate a criminal defense attorney to handle the potential criminal charges.

The CDI information will be divulged to the claimant only if the information is sent to the ALJ or the local SSA office. In other words, if the OIG does not send the results of its its CDI report to the ALJ, then the claimant will not have access to the surveillance tapes. The OIG typically provides ALJs with information that makes the claimants look bad. As a result, information obtained by the OIG that supports the claimant's application will not be provided to the ALJ or local SSA.

If you, or a loved one, have applied for Social Security benefits and have been turned down, then you need an attorney. Contact attorney Micah Adkins for a free and confidential consultation.