How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
Type Your Legal Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I have a person who filed a false claim to social security

This answer was rated:

I have a person who filed a false claim to social security and after being on disability in Utah and recently moved to Texas and was not able to be in Utah for the hearing was denied my disability. This anonymous person lied to the courts and caused them to deny my benefits . I want to know if I can sue this anonymous person ?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: It was in Utah . I was on disability for 2 years and my wife got transferred to Texas .
JA: Has anything been filed or reported?
Customer: My attorney in Utah says he can't help me anymore because I'm in Texas. I need to file some type of appeal .
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that I have a hearing at the local SS office on the 26th of this month and I think I have until July 3rd to file an appeal .

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

By all means, you will want to file an appeal of your denial of social security benefits.

If you know who provided false facts about your situation to social security, you may sue them for Defamation.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

To win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation regarding their business or profession.

In the non-business setting, where it is not your business which has been defamed, most cases involving defamation can be appropriately handled in your local small claims court. Filing your lawsuit is easy, and your case will typically be heard in 30 to 60 days.

To file a small claims case, all you need to do is go to the local small claims court and get a complaint form (usually just one page long). You can fill it out and get the matter filed in a matter of a few minutes and you will have your court hearing/trial very quickly compared to filing in a higher court where you could wait for a year or longer to get to trial.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,


LawTalk and 2 other Legal Specialists are ready to help you