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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3455
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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I took out several loans over the last 8 months and I had money

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I took out several loans over the last 8 months and I had money left over in my account each month that could be considered Assets per say.I am on SSI and MFIP for cystic Fibrosis.So because I had left over money in my account,and that's considered Assets,but it's from Loans.Can they charge me with Welfare fraud aby getting overpayments?And could I go to jail or prison for having Extra Asset Loan money in my account?They are trying to pursue this against me.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.


 

Michael J, Esq. :

According to the SSI online, loan money does not count as income and therefore does not reduce your benefits. http://www.ssa.gov/ssi/spotlights/spot-loans.htm


 

Michael J, Esq. :

However, that money does count as a "resource" and goes toward your limit.


 

Customer:

right ,but,I was over the asset limit several months of $3000 for a married couple.I always had like $5000 in my account.So I'm over the asset limit.But it is Loan money so will the charge me?and can I go to jail?Also,what about the welfare asset limit?I was over that also,and received Overpayments.I did not know I had to report loans

Michael J, Esq. :

Yes, the loans count towards your asset limit and you're supposed to report them. If you're over the limit for a certain month, you can't receive SSI for that month. Any money you received while over the limit is an overpayment.


 

Customer:

Ok,so will I go to jail or prison if they charge me for being over the asset limit?


 

Michael J, Esq. :

Most likely not. You'll have to repay the money and will be charged a fine on top of that most likely, but you should not do any jail time for this type of offense.


 

Customer:

Can they press charges on me for welfare fraud?

Michael J, Esq. :

If you failed to report assets, yes.


 

Customer:

ok so what am I looking at for charges.and can I go to jail

Michael J, Esq. :

Unfortunately, without your exact charges, it's hard to say.


 

Michael J, Esq. :

Again, I doubt you would do jail timoe.


 

Customer:

the charges would be Fraud and overpayments

Michael J, Esq. :

Can you give me the statute numbers?


 

Customer:

I am not sure I just know they want to charge me with welfare fraud,and overpayments

Michael J, Esq. :

Okay. Until I know the exact charges, I can't tell you what you're facing.


 

Michael J, Esq. :

IF they do charge you, you're welcome to come back to this thread and I'll look them up for you.


 

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