Can I Get in Trouble for Lying to Social Security?

 Posted on January 19, 2017 in Denied Social Security Benefits

The most important factor to remember when applying for Social Security Disability Insurance benefits is to be honest. You gain nothing by lying about or exaggerating your medical condition. Social Security is hard enough on people who are honest and can document their disability claims in great detail. If you attempt to mislead Social Security, it will only come back to haunt you.

Newspaper Article Raises Concerns About Disability Claim

Recently, one Illinois man learned this lesson the hard way. The man applied for Social Security benefits in 2012, alleging he had been disabled and unable to work since 2007. A Social Security administrative law judge (ALJ) actually agreed the applicant was disabled and awarded him benefits retroactive to March 2013.

The applicant still appealed that decision, arguing he was entitled to benefits as of no later than December 2012. A federal magistrate judge reviewed the case and ultimately rejected the applicant's appeal. The magistrate said “substantial evidence” supported the ALJ's calculation of the March 2013 disability date.

However, that was not the end of the matter. The magistrate said that while he was in the process of drafting his opinion, he received a copy of a news article from April 2013. The article was a review of a barbecue restaurant in Rockford owned by the applicant's sister. The article noted the applicant worked at the restaurant where he “grills the pork ribs, pork shoulder and chicken.”

The magistrate said this article “raises numerous extremely serious questions” and held an additional hearing in December 2016. The applicant's disability lawyers then made what is known in the legal profession as a “noisy withdrawal.” This is when a lawyer “disaffirms prior representations made on behalf of the client that continue to perpetrate the client's wrongdoing.” The judge permitted the withdrawal, meaning the applicant represented himself at the subsequent hearing.

Following that hearing, the magistrate entered an additional order referring the case to the Social Security Administration's inspector general. The magistrate said the applicant “failed to appear.” An assistant U.S. attorney, representing the Social Security Administration, did appear and made a few statements of general interest:

• First, when an ALJ initially reviews a disability case, he or she does not have the independent authority to investigate an applicant's background—he or she is even “prohibited from looking at Facebook”;
• Second, even after a disability claim is granted, the agency has a process to periodically review the recipient's eligibility;
• Third, there are cases where an applicant “can work to some extent, but still be entitled to benefits;
• Finally, if in fact this is a case of disability fraud, it is the responsibility of the inspector general to make that determination.

Get Help From an Illinois Disability Benefits Lawyer

It must be emphasized the applicant in the case above has not been found guilty of any crime. The newspaper article merely raised suspicions about the truthfulness of his earlier disability claims. However, this story still serves as a cautionary tale for anyone who thinks they can "game” the system. If you have a legitimate disability claim and need help from an experienced Chicago Social Security attorney, contact Pearson Disability Law, LLC, today.

Sources:

https://scholar.google.com/scholar_case?case=3554046433626588091&hl=en&as_sdt=6,47

https://scholar.google.com/scholar_case?case=12543025281086649098&hl=en&as_sdt=6,47