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Social Security Disability Insurance (SSDI) provides benefits to people who are unable to work because of a disability. The program managed by the Social Security Administration (SSA) helps keep millions of Americans out of poverty.
Because it is extremely difficult to qualify for these disability benefits, only a small percentage of total beneficiaries account for the cases of alleged fraud. Thus, these alleged offenders can be aggressively prosecuted, even though many people only made errors that were simply honest oversights or misremembered information.
Dallas Disability Fraud Lawyer
Are you being investigated for have you been charged with fraud relating to disability benefits? You should seek out legal counsel that is capable of developing the best defense possible and fighting to have the charges reduced or completely dismissed.
The Fort Worth disability fraud attorneys of The Law Offices of Richard C. McConathy represent clients in such communities as Richardson, McKinney, University Park, Carrollton, Irving, Grand Prairie, Arlington, Allen, North Richland Hills, and Mansfield as well as many surrounding areas. Our firm will provide an honest and thorough evaluation of your case as soon as you call (972) 233-5700 right now to schedule a free, confidential consultation.
Texas Disability Fraud Information Center
- What are some of the reasons that people are charged with disability benefits fraud?
- How are alleged offenders punished if they are convicted?
- What defense can be utilized by people facing these charges?
There are several reasons that a person may be charged with committing fraud relating to SSDI benefits. Some of the most common types of charges include, but are not limited to:
- Alleged offenders concealing facts or events that would affect their eligibility for disability benefits
- Alleged offenders illegally collecting the benefits of an unreported deceased beneficiary
- Alleged offenders making false statements on disability claims
- Alleged offenders using the Social Security numbers of other individuals to obtain disability benefits
- Alleged offenders working while collecting disability benefits
- Representative payees misusing disability benefits
People who have been accused of defrauding a Social Security program face enormous consequences if they are convicted of wrongdoing. The possible punishments vary depending on the alleged offense, but some of the possible penalties may include:
- Fines — Section 1129 of the Social Security Act allows the Office of Counsel to the Inspector General (OCIG) to impose civil monetary penalties (CMPs) against individuals who fraudulently receive or attempt to receive Social Security benefits. These may be as high as $5,000 per offense, meaning $5,000 for each false statement or every month an alleged offender received disability benefits after becoming ineligible.
- Restitution — The same section of the Social Security Act also allows the Office of the Inspector General (OIG) to impose an additional assessment in lieu of damages. Section 1129 of the Act allows to assess an amount that is twice the amount of illegally obtained disability benefits.
- Imprisonment — A violation is punishable by up to five years in prison.
Alleged offenders can be understandably concerned when they learn that they are being investigated for or charged with disability benefits fraud. However, a knowledgeable lawyer can often help determine the best way to proceed so people in these cases can achieve the most favorable outcomes.
An attorney can conduct an investigation to determine the facts of the case and possibly get charges thrown out if prosecutors have insufficient evidence that the alleged offender committed fraud. In other cases, the lawyer may be able to demonstrate that the alleged offender had no criminal intent and did not knowingly obtain disability benefits through fraud.
There can also be cases in which the legitimacy of an alleged offender’s disability may be called into question. The suggestion that a beneficiary is not “truly disabled” can be an especially painful claim for an alleged offender to hear, but an attorney will know the best ways to prove that his or her disability is very real and prevents the beneficiary from being able to work.
Find a Disability Fraud Lawyer in Fort Worth
If you have been charged with or are under investigation for any type of Social Security disability benefits fraud, it is critical to make sure that you have legal representation. The Law Offices of Richard C. McConathy protects the rights of people throughout North Texas, including Denton County, Dallas County, Tarrant County, and Collin County.
Our firm defends clients in Denton, Lewisville, Flower Mound, Plano, Frisco, Mesquite, Highland Park, Hurst-Euless-Bedford, Southlake, and many surrounding areas. Call (972) 233-5700 today to have our Dallas disability fraud attorneys review your case during a free, no obligation consultation.