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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110573
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I was told by SSA that I could collect SSDI while owning a

Customer Question

I was told by SSA that I could collect SSDI while owning a business if I did not work the business. As a co-owner I was basically a nominee to keep the service-disabled status. I never took a paycheck nor did any work, just took loan repayments, dividends and disbursements. Every year I issued 1099s to people who performed services
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: IG for SSA claims by owning a business I worked and therefor I was revered to the US Attorney for fraud.
JA: Have you talked to a lawyer yet?
Customer: I live in NEvada
JA: Anything else you think the lawyer should know?
Customer: yes.... the public defender said the US Attorney was offering a felony, time served 24mo house arrest and repay over 200,000 dollars on a $1300/mo income
Submitted: 3 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were just nominal on the business and had only passive income and loan repayments, you did not work. Passive income does not count as working, but of course it may look to the SSA on first glance as though you may have worked and you will need to provide your business records to prove you never did any work for the company and as such remained disabled and entitled to your SSDI.
This depends on the proof you have available. So you need to fight the charges if you can show you did no work and take them to trial and not agree to any deal on the case. If the business records and witnesses prove what you said above, then you should be found not guilty.
Customer: replied 3 months ago.
I became totally disabled in Dec 2008. I had another veteran managing the business until he passed away in 2010. In 2013 all our business records were stolen during a robbery...police report and video provided to my attorney.After 2010 I kept the business open with a $1,000 retainer from a friend of mine...and my son took care of his computer needs at night. In 2013 the IG claimed I was working and stopped my VA IU and my SSDI. I was indicted in 2016. Trial is on Halloween.In 2008 I was started on Oxycodone and eventually increased to 300 /5mg tabs a month plus had uncontrolled diabetes A1C >9 with glucose levels over 450...also had severe respiratory issues secondary to a chemical exposure and on a CPAP for apnea. Seriously, even the VA Doctors stated I cannot work. The person who reported me as allegedly working is the individual who robbed us and he posted a threat on my facebook that he was going to get even and report me as working.He is the individual who stole all of our books which would prove I did not work.
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

That causes a huge problem for you if you do not have proof to show that you did no work. But there should be witnesses at least to prove you did no work, but again, if you did not do this and have the proof or a way to recreate the proof then you need to fight this and not accept the deal. Otherwise, if you cannot get the records or recreate the records, you need to hold out still for trial and seek at least reduction to a misdemeanor and a more realistic payment plan or some better deal. If you can show that the person who filed the complaint committed the theft of your records according to your video proof, that would work in your favor in your case, but also any actual witnesses who can testify you did no work can overcome the lack of business records.

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