What is Disability fraud?

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What is Disability fraud?

Disability fraud is taking money meant for the disabled from a government agency or by a private insurance company, when you are not legitimately disabled or the check was not meant for you.

Fraud may also consist of taking more money that you should be receiving.

v    A person who cashes the checks of a deceased person is engaging in a   fraudulent activity.

v    Representative payee Fraud is when a person misuses payment (s) intended for the disabled.  The Justice Department vigorously prosecute this form of criminal activity.

What Constitutes Disability Fraud?

1.) There are various overt acts that may constitute disability fraud.  They include:

  •             Feigning a medical problem in order to be declared disabled.
  •             Exaggerating an existing medical problem that may potentially constitute a disability but in reality it not acute enough to render the person disabled.
  •             Continuing to receive payment (s) after having recovered from a medical problem.
  •             Continuing to receive payments while working, unreported and above the permitted level for those receiving the payment (s).
  •             Accepting benefits while living in an institution, such as long term care facility or prison.
    •             A person who is the legal custodian representative payee of a disabled person’s money spending it on some expense other than that of the disabled person

1.) Failure to report income. Such as:

  •             Income from renting out a portion of one’s home, or from an insurance policy.
  •             Failure to report income from a side job where compensation is paid in cash or check.
  •             Employment changes. A person who was not working when they applied for benefits or when they started to receive benefits, but has since returned to work.

 

NOTE: Disability fraud may result in denial of future benefits as well as criminal prosecution.

If you or a loved one is facing Fraud Charges do not take the situation lightly.

A felony conviction becomes part of your permanent criminal record.

Expert advice from a knowledgeable criminal defense attorney is crucial to your future.

 

It is Important To Seek Good Representation!

 

Remember: If you are convicted at a later time of another crime, a judge will consider the fact that you have a prior conviction when sentencing you.  In Louisiana, the prosecutor may force the judge to impose a draconian sentence of incarceration because of your previous conviction by filing what is known as a Multiple Offender Bill of Information…

 

 

Remember: A person convicted of a felony will no longer enjoy the right and privilege of voting, holding public office or serving on a jury for seven years and may not carry or own firearms. In some jurisdictions, a convicted felon may not hold a professional license.

 

Remember: A conviction for a violent felony may present a serious impediment to employment and may make it difficult to rent a home or an apartment.

 

Remember: You need to hire an attorney who is familiar with the local criminal court system. An alleged Disability Fraud may offer have a favorable outcome if you are represented by competent counsel. A skilled negotiator may very well be the difference between jail and probation.

 

Remember: It takes a knowledgeable attorney to evaluate the circumstances of your case and able to help you make the best decision about your case and protect and preserve your rights.  You need an advocate who will present your side of the case under the best possible light to the judge.

 

The Legal Team at Regan Law, P.L.C. offers the client knowledge, skill and experience.

The Information contained herein is not intended to be legal advice. On the contrary, it is simply an effort to explain the topic in general terms.  If you or a loved one is facing criminal charges. Call us for a FREE Initial Consultation. We are here to help you!