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Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13285
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have a few questions regarding social security

Customer Question

Hello.
I have a few questions regarding social security fraud. This man has been collecting disability since 2013. He claimed he had diabetes (which now miraculously) went away. Then he claimed he had dizzy spells, memory loss and could not drive.
I personally drove him to his Dr appointments as he said he didn't want the Dr see him driving.
He named a company called H and H Enterprises although never licensed or insured the "company".
He mows up to 10 lawns every week, builds out people's entry ways, hangs lighting, does electric, plumbing etc...
He then has the checks made out to his wife so it is not traceable by Social Security. He works at least 40 hours a wee doing all handyman requirements and makes a very steady income doing it.
What do you recommend as the next step in stopping this fraudulent activity?
Thank you in advance
Christina
Submitted: 1 year ago.
Category: Social Security
Customer: replied 1 year ago.
Sorry.i entered the wrong email address. It should be***@******.***
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, my name is ***** ***** I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.
With regard to your post:
I have a few questions regarding social security fraud. This man has been collecting disability since 2013. He claimed he had diabetes (which now miraculously) went away. ------- OK, since diabetes does not provide directly for an award of disability - since most people with diabeties are well-known to be able to work full time, he did not win his case based only on a diagnosis of diabetes. Also, diabetes can be resolved for many people with a change of diet, so it is not really a miracle when that happens, nor a basis of fraud.
"Then he claimed he had dizzy spells, memory loss and could not drive. ------ Mere claims are like ********, everyone one can make them. A claim, also, NEVER wins an award for SSDIB.
"I personally drove him to his Dr appointments as he said he didn't want the Dr see him driving. -------- That could be true, if the Dr advised him not to drive given his medical history.
"He named a company called H and H Enterprises although never licensed or insured the "company". ------- OK, no crime there -- yet!
"He mows up to 10 lawns every week, builds out people's entry ways, hangs lighting, does electric, plumbing etc... ------ If he engages in work activity that exceeds what would be at least 1090/mo before taxes (net income from self employment), or a minimal amount of hours in such activity, and is not reporting it to SSA, then that could be fraud. Equally importantly, is his claimed impairments that he won his case on INCONSISTENT with doing such lawn mowing and other physical work? Even if only working 10 hours/week, the activity choice itself may demonstrate that the claimed limitations do not exist or not to the extent claimed.
"He then has the checks made out to his wife so it is not traceable by Social Security. ------- OK.
"He works at least 40 hours a wee doing all handyman requirements and makes a very steady income doing it. ------ Definite fraud.
"What do you recommend as the next step in stopping this fraudulent activity? --------- One form of proof would be to Video tape him numerous days in a row (make sure the video proves what day it is), and for lengths of time through out they day. Send the video to the SSA along with your statement of how you know he is committing fraud, that the video shows XYZ on ABC dates, which are merely samples of what he does 7 days/week.
You can also go HERE to make a basic report of what you have seen... http://oig.ssa.gov/report
Good luck. This type of theft infuriates me! It is surprising that he was able to gather/create the required medical evidence, which is very difficult, to meet the high threshhold of proof of INABILITY. Rare, but it happens. I hope they nail him.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** ***** Joy, Esq.
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