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Question

Hello, I am currently on disability and my children are on public assistance. I have always received assistance for my children since I had my first child in 1988 (she is no longer on the case). It's a long story but to sum it up in 1996 I started getting sick so my daughter (who is now 16)was back and fourth between myself and her father who lives in Florida. She did attend school there for 2 years but when ever there was a vacation and for the summer she was here with me in NY. She has been home for the last 2 years now and going back to school in NY. My question is, am/can I go to jail for not taking her off my case while she was going back and fourth from Florida to NY? I am suffering from crohn's disease and the stress of this situation is making me very sick. There is an investergator looking into my case because of some kind of mistake with a child else where with the same name and I believe he fixed that but because I did mention about Florida now he wanted to schools in Florid

Submitted: 15 days and 12 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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State/Country relating to Question: New York

Posted by RayAnswers 15 days and 12 hours ago.

Answer

Thanks for your question.Depends if you had legal custody of the child while you were claiming benefits.There is a possibility for fraud here if you got benefits for child that wasn't living with you.You have duty to report changes in household composition here

.I would be rela careful giving any incriminating information to investigators.They may or may not have a case here.It is at least gray.Don't volunteer child wasn't living with you here.You are potentially at risk in this mattere--likley thats why they are checking it out.Its a felony here so its serious and this woudl involve jail time.

15 days and 12 hours ago.

Reply

My daughter has always lived with me since she was born. It was only in 1996 that she went there because of my illness and she was with me anytime she wasn't in school. She has been back in NY with me for the last 2 years. Her father and I have never been to court regarding legal custody, she just always been with me. I didn't see it as her not living with me because she was back and fourth and I did send him money for her.

 

I already told the investigator that she was in Florida a couple of years ago and he asked me for all the schools she has been to and the phone numbers (all her life since she has been in school). I gave him all the information he asked for. I didn't know i was doing anything wrong. My daughter has always lived with me but because of the illness she was back and fourth between us until the doctors found out what was wrong with me (crohns disease) and i was able to get it under control until recently I have got sick again. I am really scared now because I had no idea that because of her going back and fourth ment that she didn't live with me. I recertify every 2 years and the time I did she was with me. Is this something I would defiantly go to jail for?

Posted by RayAnswers 15 days and 12 hours ago.

Answer

I am not sure they can make criminal case here and this is old.I do think they may seek some restitution here if they decide you got extra benefits here.But you explained it as best you could.I ireally think this was too old for any kind of prosecution--this is your best friend here.If you got benefits fro the child here and she was living elsewhere there is potentil here for restitution or prosecution.There is nothing to do at this point, just sit tight and hope it fades away.That is a real possibility as this is pretty remote and it's nto clear that the child wasn't totally not living with you here.

15 days and 11 hours ago.

Reply

i am really sorry to keep bothering you, it's just I am so scared now especially because i had no clue I did anything wrong. That is the reason i didn't lie to the investigator about anything. I am nervous now because I don't know if her being in school in Florida for that time means that they concider that where she lived? It defiantly was a temporary situation while I was ill and in the hospital and so on. I didn't know I would have to take her off my case especially because she was with me the whole summer and on vacations. She has been back home for 2 years and in public school in NYC and was in public school in NYC before she went to Florida (which I did give him all the names of the schools). They did take her off my case right now because of something else regarding someone getting food stamps in her name but Her fathers Fiance called social service in Florida yesterday and found out it wasn't my daughter it was another child with the same name but not the same Birthdate or SSN. Florida told my daughters Fiance that the investigator from here (NYC) can call them to verify it but he said he doesn't call them he only works with the investigators in Florida. He still claims that someone has used my daughter SSN and birthdate and is getting food stamps after what I told him. He said they have been recieving food stamps since May of this year and just reapplied this month. After leaving him the message yesterday that it was 2 different people he never called me back. I called him this morning and he is still claiming that the investigators in Florida said the SSN and Birthdate match even after I told him Florida said it didn't. I don't know if he is not telling me the truth because maybe he didn't do his job all the way with matching the SSN and is now trying to get me in trouble about her being in Florida in 1996. I am so scared and not well at all. I thought I was doing the right thing by contacting the investigator after they took my daughter off my case last week and been working with him. I didn't think I had anything to hide so I was truthful with him. He really isn't the nicest person to speak with and now I don't know what he will do. I mean she has always been with me all her life and has been permantly back home for the last 2 years. I gave him all the schools she attended but it seems like he is trying to get me in trouble now because he might of messed up regarding the other child who in not my daughter and just has the same name. They cut my daughter completly off the case and cut the program FEPS who helps pay my rent. I am very worried because I don't want to go to jail.

Posted by RayAnswers 15 days and 11 hours ago.

Answer

Well you can't undo what has been done and said here.Time may be your best ally here as far as the Florida issue. There appears to be other current issues here about somebody trying to double claim and this may have opened all of this up.I can't tell you not to worry but the reality is all you can do her is sit tight and see what develops.It makes me wonder here if your ex or someone is trying to claim for daughter.Not sure who but they will definitely run that down.And they may need you to be able to run the other person down in this second incident for current benefits. You didn't do wrong here by trying to be honest, long term that may be the best thing to do here.

15 days and 10 hours ago.

Reply

I made a Big mistake because i am so nervous. She wasn't there in 1996. She was there in 2006/07. I am so sorry, my head is spinning , I know that her father and his fiance didn't recieve food stamps for her because I was on the line when she called public assistance and they said it wasn't my daughter but the investigator wont listen to me. Even after Florida said for him to call them he said he doesn't speak to them only the florida investigator who he claims the person has the same info as my daughter.

 

I actually just called Florida myself and I was told that my daughter has never received food stamps but she did have medicad but that was closed. I didn't even know about that. I asked her how could they have given her medicad when she had it in NY and wouldn't it have showed up and she said it wouldn't show up. The investigator didn't say anything about medicaid but keeps saying food stamps that was received May of this year and the person applied again this month but the lady from Florida said that is not my daughter. Does the medicaid situation make everything much worse?

Posted by RayAnswers 15 days and 10 hours ago.

Answer

Well this is more current.All you can do is sit tight here and see what if anything develops.The child is with you now and enrolled so that supports your statement here.Obviously you have health problems so again that is consistent here.They may try to recoup some funds here if you got overissuance along the way..

15 days and 9 hours ago.

Reply

Thank You for your help and I am so sorry for all the questions. In your opinion do you think they will send me to jail because in the first response to my question you did say this is a felony.

Accepted Answer

No I do not think they can make a criminal case on this.I do think they can get restitution here or repayment.I did fraud so I can tell you that with some certaintyl.The intenet here is lacking.You had illness child went there for awhile but returned and is with you.The illness and fact child returned and is with you support the fact that she is in your household and the time away was temporary.

Edited by RayAnswers on 11/5/2009 at 8:45 PM

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Expert: RayAnswers
Pos. Feedback: 97.9 %
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Answered: 11/5/2009

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