Showing posts with label Los Angeles SSI lawyer. Show all posts
Showing posts with label Los Angeles SSI lawyer. Show all posts

Wednesday, November 21, 2012

SSA Employee Indicted for Obtaining Un-entitled Disability Benefits

A Social Security Administration (SSA) employee and two other civilians were indicted for an alleged decade-long conspiracy to collect un-entitled disability benefits from the federal government.

The indictment was confirmed by news reports on Friday claiming that Dianne Josephine Chess, 49, service representative at the Social Security office in St. Paul, Victor Ray Holloway, 52, and Angela Grace Hinkle, 49, had a long time conspiracy to commit fraud.

Apparently, based on the investigation conducted by the federal government, Chess obtained social security account numbers and social security cards for Holloway and Hinkle. Chess, being employed at the federal agency was able to enter a fake personal identification into the SSA’s computerized data entry system. The frauds were said to obtain more than $77,000.00 in Social Security disability benefits.

Consequently, Holloway and Hinkle now face additional charges as well aside from theft of public money and making false statements related to their application for benefits way back in 2009.

Furthermore, court records revealed that Holloway has prior convictions for theft, robbery, assault, forgery, drive-by shooting, drugs, and transaction card fraud in different identities while Hinkle was convicted for theft and transaction card fraud in different identities as well.

Meanwhile, a Los Angeles SSI lawyer here is a little disappointed with such kind of employees since we are all aware that the federal funds allotted for the said program that helps the disabled, the elderly, and the poor are continuously being exhausted. He said that given such situation, there are still individuals who take advantage of the loopholes in the system. Hopefully, the federal government will totally crack down such frauds, the lawyer added.

Wednesday, September 19, 2012

82-year-old Social Security Disability Fraud Sentenced with Home Confinement

It was not an extra-ordinary case of a social security disability fraud. Its only difference is that the accused is a female octogenarian. Therefore, she was sentenced with a little consideration.

According to reports, the 82-year-old woman identified as Evelyn Baptiste of Montgomery County was charged for stealing social security benefits.

According to court documents, the amount of disability benefits that Baptiste pocketed amounted to $186,000.00.

Incidentally, during an internal audit done early this year, authorities discovered that Baptiste was receiving two social security checks each month. One was the traditional payout that are being sent to retirees and the other one was the Supplemental Security Income (SSI) that are being given to help unemployed, elderly, and disabled citizens. However, the latter was being sent under another’s name but to the same address where Baptiste live.

Unfortunately, it took decades before officials discovered Baptiste’s fraudulent act. Therefore, the total amount of her disability earnings had climbed up to hundreds of dollars.

Last May, Baptiste was officially charged with two counts of social security fraud by the Social Security Administration’s Office of Inspector General wherein she pleaded guilty to both charges.

Moreover, during the arraignment, U.S. District Judge Petrese B. Tucker agreed to set aside the federal guidelines in ruling over Baptiste’s case considering the latter’s age and since she was a first-time offender as well. However, it does not exclude Baptiste from being sentenced for her misconduct. The said presiding judge sentenced her with six months of home confinement and five years probation.

Subsequently, Special Assistant U.S. Attorney Amanda R. Reinitz likewise agreed with Tucker’s resolution and claimed that Baptiste’s age and declining health condition made her an impossible inmate.

Based on data gathered by the Justice Department nationwide over the past couple of years, out of 170 defendants sentenced with federal crimes, only a few dozens were octogenarians. In fact, only three of them were female.

Furthermore, according to Baptiste’s legal representative, the accused can only reciprocate $50 dollars a month due to her medical expenses, car insurance, housing costs, and other household bills.

Apparently, it was a fair decision, commended a Los Angeles SSI lawyer. Although criminal acts usually does not have exemption to the rules, elderly offenders like Baptiste should be at least given with such consideration.

Wednesday, August 29, 2012

Steps in Securing SSI Child Disability Benefits

SSI Child disability benefit is a program created to help parents provide the best care for their disabled children. Therefore, it is very important for parents to know the two major steps in securing SSI child disability benefits.

For the benefit and ease of applicants, the Social Security Administration (SSA) provided a downloadable SSI child disability report in its official website for its members. This is for the purpose of enabling applicants to complete the report from home. In that way, applicants can have all the time gathering resources to support their application such as medical records and others. Furthermore, they can also allot time for researching.

Accordingly, applicants can either fill up their child disability reports over the phone or in person at a satellite SSA office. A disability report is strictly required by the agency when applying for SSI child disability benefits.

For the next and final step, after filling out the child disability report, you will be scheduled for an interview, which you should not miss. Generally, you will need the same information you used to accomplish the child disability report with regard to  your child’s medical history. Also, keep in mind that a child’s education background, including any early intervention or special education services, may be asked during the interview.

By the way, before actually speaking with the agency’s representative, you may want to review first the checklist available in its official web page to be sure.

Moreover, talking about children’s disability benefit, a child should have a medically determinable disabling condition that limits functions.

Now, other than said the said important steps in filing for an SSI child disability benefits, a Los Angeles SSI Lawyer can provide other important details and give you an advice on how to best build a strong claim for fast approval.

Wednesday, July 18, 2012

People’s Reaction to West’s Remarks over Social Security Disability Insurance

In line with Rep. Allen West’s opinion that social security disability insurance is a form of modern slavery, many people can’t help but to voice out their negative reactions. Whilst some take West’s remarks as it is, some hardly agree.

A few weeks ago, West first spoke about President Barack Obama’s alleged concealed desire of making Americans to become his slave and be dependent on him economically.

Subsequently, he again used the same term “slave” when he described the social security disability insurance as a form of modern slavery.

Reading West’s indictments, several military veterans receiving government disability benefits or checks felt uncomfortable. They claimed that someone in his views could never be elected nor placed to public office or any government agency.

In an article posted at the Sun Sentinel, which was partially quoted herein, Philip Sweeting, a military veteran and a retired police officer living off a government pension, apparently admitted that he is one of those that West referred to as “economically dependant” on the government. Sweeting claimed in his statement that if that is how West defines “slavery” then he guess there are many of the latter’s supporters who would like to be in his position – by West’s definition – President Obama’s slave.

Meanwhile, another disability benefit recipient, Kelly Beucler, said in her statement at the News Journal, which is likewise quoted herein, that if people like West mean that the government is making her work like a slave, then she would rather be back doing her 911 dispatching job that she loved so much. But unfortunately, she can’t because of her disabling condition.

Beucler had been diagnosed with terminal kidney cancer in December, 2011 and since then her nightmare began. 

Several reactions claimed that if only West had simply stressed out that Social Security disability is sometimes taken as an advantage and might need to be modified or reassessed, it could have been a good stance. Apparently, West isn’t fair enough when he attributed the rapidly growing number of people who rely on federal disability benefit to Obama’s alleged Marxist political idea of turning Americans into economically dependent slaves. It serves no purpose aside from being insulting to those who oppose West’s comments.

Moreover, opponents claimed that if West is really a problem solver, then he might be able to eye at Social Security Disability in a little more responsible way than blatantly giving out his rant over Obama’s being a slave-master.

Probably, West did not realized that he himself is an economically dependent slave since he is likewise receiving two federal paychecks from the government, he has a two tax-payer funded pensions, and a purely socialized medical plan that gives him the best that this great nation afford. 

Well, obviously, a Los Angeles SSI lawyer is right when he refused to comment on the issue regarding West’s disparaging remarks since he foresees that even without anybody’s opinion, it would become a quite controversial issue and would definitely ignite disputes within the following days.

Wednesday, June 27, 2012

SSA, Kaiser Permanente Team Up to Fast-track Disability Benefit Claims Decisions

On Monday, the Social Security Administration (SSA) announced in its official press release page that it had finally teamed up with Kaiser Permanente for the purpose of speeding up the decision-making process in disability benefits claims.

Kaiser Permanente will begin transmitting to the agency complete medical records for its patients via electronic means upon proper consent from concerned patients.

Kaiser Permanente is the largest managed health care organization in U.S. In fact, the organization, which was founded in 1945 by industrialist Henry J. Kaiser and physician Sydney Garfield, is now made up of three different groups of entities – The Kaiser Foundation Health Plan and its regional subsidiaries, Kaiser Foundation Hospitals, and the autonomous regional Permanente Medical Groups. At present, Kaiser Permanente has 8.9 million health plan members, approximately 14,600 physicians, 435 medical facilities, and some 431,000 medical offices.

Each year, the SSA requests approximately 70,000 files from Kaiser Permanente. Therefore, the new system will save a lot of time, effort, and funds for both parties. It will likewise allow the agency to make faster and more accurate decisions.

The recent agreement indicates the agency’s first leap into using health care information technology on a large-scale basis. Although the agency had in fact entered into similar agreements with some smaller health care providers to electronically exchange medical records over the National Health Information Network over the past few years, it was its first time to team up with a large healthcare provider.

According to the agency’s commissioner, Michael J. Astrue, he is confident that people will see the new system as the most significant improvement in the agency’s disability benefit claims decision-making process since the program began way back in 1956. Commissioner Astrue added that in today’s modern technology, it makes no sense for people to chase down records on black and white on an individual basis.

Meanwhile, Kaiser Permanente’s Senior Vice President and Business Information Officer Lisa Caplan said that the organization is dedicated to supporting safe and secure health information exchange for its members, and that its partnership with the SSA will enable its patients to receive quicker disability decisions on their benefit claims.

Apparently, the SSA and Kaiser Permanente are both delighted to work together on such innovative move to provide quicker and more efficient results for the disability claims, the two parties claimed in their statements.

A Los Angeles SSI lawyer agrees that the new system will indeed fast track a disability benefits claim and other social security income (SSI) claims, aside from providing comfort and ease to claimants.

Wednesday, May 23, 2012

Children Conceived through In-vitro Fertilization Cannot Be Supported with Social Security Income?

After seven months of battling for Social Security Income (SSI), the mother of a pair of twins that was conceived through in-vitro fertilization months after her husband died recently received an unfortunate news.

The Supreme Court ruled on Monday that children conceived with a dead father’s frozen sperm are not entitled to Social Security Income (SSI) if they were not eligible to inherit property from their father under federal law.

In a previous blog post authored by Rodney Mesriani, the full story of Karen Capato’s in-vitro fertilization was featured.

It was actually a long, complex story that started when the Social Security Administration previously denied Karen Capato’s claim for SSI in behalf of her twins prompting her to file an appeal. The case eventually reached the Supreme Court where she won.

However, the Social Security Administration (SSA), through its commissioner, Michael J. Astrue, filed a motion for reconsideration, and the higher court agreed and set a hearing for the final verdict.

The Supreme Court eventually declined her appeal, leaning on the interpretation of provisions of the Social Security Act.

Justice Ruth Bader Ginsburg said in her ruling that the technology that made the twins’ conception and birth possible was not considered valid by Congress, as evidenced by provisions enacted in 1939 and 1965. Justice Ginsburg added that the law was designed to primarily benefit those survivors supported by the decedent wage earner during his or her lifetime.

The major provision was one calling for the Social Security Administration to look into state laws regarding inheritance in determining whether an applicant is the child of the subject parent, Justice Ginsburg explained.

The Capatos resided in Florida where the decedents’ last will was signed and authenticated. Therefore, they must abide with Florida’s law concerning inheritance. Under the Florida law, a child born after a parent’s death may only inherit property of the parent if the child was conceived during the parent’s lifetime.

Unfortunately, the twin’s mother conceived the twin 18 months after the death of her husband through in-vitro fertilization.

The answer to the question “If children conceived through in-vitro fertilization can be entitled to SSI claims?” will definitely vary depending on the state’s law. Just take the case of the Utah boy who was conceived by his mother two years after the death of his father.

Although the boy’s father wished to father a child during his lifetime, he did not specify the said wish in his last will. Therefore, the boy will definitely not qualify for the SSI claims and other properties of his father as dictated under the Utah law.

Although looking to state law to decide on conceived children’s eligibility for SSI claims is burdensome, it somehow made clear that the Congress is still open for a different approach, according to a Los Angeles SSI lawyer.