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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110425
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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VERY weird situation - not sure if I should be retaining council.

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VERY weird situation - not sure if I should be retaining council. In early 2012, the local DSS office contacted me regarding my income. I had a business, which I just got in a divorce that past May. It was seasonal, only open Jan-Dec. I provided them all the information, and when they tried to say I owned 3 seperate businesses - I called them out on their mistake - because I did not. The other businesses has similar names to mine, but I was and never was owner. I heard nothing since. This was January 2012.

I married in August, and in September, I merged my company with another, receiving a closing payment, and due 3 continuency payments. They cut my insurance off saying they did not understand the contract. For 7 months I fought with them, finally giving up.

Last week, I applied again, because I am 12 weeks pregnant. They again asked for my contract, which payments were made to me over 7 months ago, the next is due in 3 months. I did miss an appointment to drop it off, and an investigator showed up at my door saying "he happened to be in the area so for convienience for me, he stopped in for it". I gave it to him.

Today, I find out that my case was CLOSED on the 29th! So, why and what right did he have to obtain my paperwork? I am fearing that old case from January may be opened back up and I was tricked. Should I be worried? I spoke with him, recorded it as well, and he said he simply did me a favor coming there, he had nothing to do with my case, and I had to speak with my worker on my pending application. He assured me he gave her the contract, and she told me she submitted it to the legal dept for review on eligibility. She also said I needed one more paper, and even though it was set to close, if the legal team thinks I'm eligible, then the case would be reinstated.

If fraud was suspected, wouldn't the investigator have to disclose that to me when I asked him why he took my papers after my pending case was closed? Also, this is a prenatal only medicaid application, and income over 30 days is supposed to be resources. Income 3 months away, shouldnt be counted now should it????
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If they were investigating this as fraud, they would have to inform you that you were subject to such an investigation and that you had a right to an attorney, since that would be a criminal matter.

At this point if DSS tries to deny your benefits, THEN you do need an attorney and you would have to file an appeal immediately to seek to have your benefits awarded if they are denying them on mistaken information.

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Customer: replied 3 years ago.

So my documents they collected for my "pending application" may not be disclosed to the fraud department simply because I handed them in for a pending application? They would have had to tell me that verbally or in writng if they wanted to look over my contract? Also, when I had called my worker, she said "I have notes here that you obtained an attorney therefore cannot speak with you", but I corrected her because I DID NOT obtain an attorney regarding my application, my business attorney had a COPY of my contract which I had to get a copy from for the application. I asked straight forward, "Do I need an attorney for something??" and she said No. So, if they turned this into a fraud case, they would have illegally obtained my contract, along with purposily misleading me?

Thank you for your follow up.

Yes, the documents can be submitted to the fraud department if they believe fraud was involved once they reviewed your case. From what you describe, there was no fraud involved in the matter though, but they will be looking at them I am sure to make sure that it is not fraud. Many times when they collect documents for a pending application they do not know any fraud is involved and it is only AFTER they get the documents that they find a possible fraud and they decide to investigate further, so they did not illegally obtain the documents.

You do not need an attorney until it gets to the point they either notify you that they suspect fraud and are continuing to investigate or until they deny benefits and you appeal.
Customer: replied 3 years ago.

Ok then I am fine. The monies were received in months I had no assistance, and 7 months old. Thank you.

Thank you. I am sure you would be fine if that is the case.

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