ARE YOU UNDER INVESTIGATION BY THE SSA?
HOW DOES AN SSA INVESTIGATION START?
How do you know if the SSA is investigating you? Most people who need SSD and SSI benefits are not aware the Social Security Administration can investigate you. However, the SSA does investigate people who apply for benefits. Therefore, you need to know that if you file for SSDI benefits, the SSA could be watching you.
Investigations don’t start on their own. Typically, it is the workers at the local SSA office who start an investigation after you file your application. Workers at the local SSA office often talk to people who file for benefits on the phone. Likewise, they may help you file your application in person. Or, they may call you to ask about your medical information. During these phone calls, if the worker gets the impression you are lying, then they may decide to start an investigation about you. They can also review your work history form or other forms and decide to investigate you based on your answers.
As you can see, whether or not the SSA investigates you is random. However, if anyone suspects you are working at the same time you claim SSD benefits, then the SSA may start an investigation into your case. They will investigate you because they think you are acting fraudulently.
WHAT IS A FRAUD INVESTIGATION?
The SSA can also receive fraud reports from SSA’s Office of Hearing Operations, private citizens, and anonymous sources. In fact the SSA wants to expand their investigations into every state.
Fraud cases, for example, can involve people who file multiple applications for SSD benefits in different states at the same time. Likewise, many investigations occur because people claim benefits and conceal work activity. Another example of fraud is lying about your physical or mental condition. All of these examples are good reasons to investigate a person filing for benefits. However, most of the people who file for SSDI and SSI benefits are not lying.
THE SSA INVESTIGATION USUALLY STARTS WITH THE INTERNET
Typically, the SSA starts their investigation by looking you up on the internet. They will look up your name, phone number, and address. They usually already have this information. But, they are checking the web to make sure you are living at the address that you say you are living at. Why? So they can come to your house, drive by your house, or sit outside your house in a car and watch you.
First, however, they will look at your social media accounts. For example, they will look at your accounts on Facebook, Instagram, or Twitter. Why would they do that?
Because they are trying to find evidence that you are not telling the truth.
Does the SSA do this to everyone? No. Millions of people apply for SSDI and SSI benefits every year. The SSA does not investigate every single person who applies for benefits. They only do so when they believe you aren’t telling the truth or there has been a report of fraud.
REAL EXAMPLE OF SSA INVESTIGATION ON FACEBOOK
In the following real example, the individual stated she couldn’t work due to neuropathy in her feet. Therefore, the investigator was trying to find information that she wasn’t telling the truth. In this example, we changed the clients name to Smith and took out any private details. However, these are real quotes from what the investigator wrote in his report:
In SMITH’s Facebook account there is a photo, dated June 11, 2017, of her standing and holding a bass guitar. On the same date, there is a photo of what appears to be SMITH from the back, standing on train tracks with a guitar slung over her back.
In SMITH’s Facebook account there is a photo dated May 20, 2018, where she is sitting on a Harley Davidson motorcycle. She is wearing a leather jacket and leather pants. There are other photos of her on a motorcycle ride in 2018.
Can you see that the SSA investigator went to her Facebook account and looked at her photos? She was stating neuropathy hurt her feet. So, he was also looking to see if she was standing on her feet in photos. He was also looking at her photos to see if she was using a walker.
THE PROBLEM WITH SSA INVESTIGATIONS
The problem with this approach is that Facebook photos can be taken at any time. Just because you post a photo on a certain date, doesn’t mean that you took the photo on a certain date.
In the above case, the investigator states the photos show she can walk and stand without any problems. She had to refute this evidence at her hearing. For example, she testified that the photos were from her past. They were not taken on the dates they were posted on Facebook.
If you are under investigation, then the SSA will look at all of your social media accounts. You should protect your privacy and block access to your social media accounts. Do not allow anyone that you do not personally know to review your account. Likewise, you can password protect your accounts to deny access to anyone but yourself.
Once their investigation is complete, the SSA investigators write a report about the results. Then, they send the report to Disability Determination Services (DDS). A DDS staff worker then decides whether you win a monthly SSD payment. If you don’t win benefits, then you can appeal your case and have a hearing with a judge. Unfortunately, whether the investigation is accurate or not, the DDA report is also part of the file that the SSA judge will read. If there are photos of you or statements about you from the investigation, then you will have to explain why the findings in the investigation are wrong.
It is always best to hire a law firm with the experience to speak to the SSA on your behalf. The SSA will not tell you that you are under investigation. Find out about SSA investigations and Cooperative Disability Investigations (CDI).
YOU MAY BE UNDER SSA INVESTIGATION AT YOUR SSA DOCTOR EXAM
There are other ways for the SSA to conduct an investigation. For example, when the SSA starts an investigation, they might have an investigator follow you at your Consultative Exam. The people who follow you are not police officers. The reason the SSA may spy on you at your SSA doctor exam is that they know you will be at the exam. Therefore, it is a good time to plant themselves in the waiting room and watch what you do.
Your free doctor exam is set up by the SSA. The SSA pays the doctor to do the exam. When you go to visit the SSA doctor it is not like when you visit your personal doctor. The results of your exam are not private. SSA’s doctor is doing a one time exam. The SSA uses the results of the exam to determine whether or not they should pay you SSD benefits. They also use the results of the exam to determine your RFC or your physical ability to perform work activity.
It would be wise when you are waiting for the exam, to assume your behavior and pain level is being watched. Make sure your behavior is consistent from the waiting room throughout the doctor exam.
INVESTIGATION PRACTICES AT THE SSA DOCTOR EXAM
The SSA schedules you to visit one of their doctor. Therefore, they know the time and place for your exam. Remember, the doctors are paid by the SSA, so their medical opinion may not always be fair.
Most people attend a Psychological Evaluation with a psychologist. Or, the SSA may send you to a Physical Evaluation with a doctor. Sometimes, the SSA will send you to both. You must attend these exams. They will deny your claim for benefits if you do not attend. However, be aware that when you attend the exam, you may be under investigation.
The SSA will often send investigators to the offices where your exam is being held. Sometimes, they will park outside the exam office in a car to watch you get out of your car. Also, they can be sitting in the waiting room, pretending to wait for a medical exam, just like you. The may also start a conversation with you or watch your behavior in the waiting room.
Likewise, if you talk on your phone, they will listen to your conversation and comment upon it in their report. They will also watch how you get out of the car and how you walk into the building. Additionally, they will check to see if use a cane or a walker. They will write about your ability to walk, lift, stand and balance in their report. The investigator checks your behavior against the answers you wrote on the SSA’s forms about your daily activities. For example, if you state on your forms that you need a cane to walk, then they are there to see if you use it at your exam.
WHAT WILL THE SSA INVESTIGATOR DO?
The investigator will listen to you if you are talking on your phone. They will watch how you act and what you do. They are watching to see if you can drive a car. Also, they will write about whether you need a cane or some sort of assistance to walk into the appointment. If they follow you into a store or gas station, they will write about what you buy, if you carry the items, and if you were able to talk with the cashier.
If you bring your cane, then you need use it. Don’t carry it. Because, they will write down whether you use your cane to help you walk. Likewise, they will watch to see if someone drops you off at the appointment or picks you up.
If you are using your phone, they might write in their report that you can concentrate on reading a phone message or playing a computer game. Also, if you sit in the waiting room and don’t stand up, but you are stating that you have back pain, they will write down the amount of time you sat in your chair.
Recently, a person who read this blog wrote to us and said that this article is not correct. His exact words were, “none of this ever happens. Social Security doesn’t do this.” Unfortunately, he is wrong.
Every single example cited in this article is an example we have seen the SSA do when a client is under investigation. We wish these examples were not true, because that is where your tax dollars are going. But they are true.
THE INVESTIGATOR MAY FOLLOW YOU
The investigator may also follow you in a car if you drove to your appointment. If you drive home or to a gas station or a store after a visit to the doctor, they will follow you. Wherever you go after your exam, they may be following you. If you go shopping, then they will go into the store and watch what you buy.
Their comments will be about whether or not you have physical problems getting in or out of your car. They will also comment upon your ability to walk into the store. Or, they will note how long you can sit or stand. Their behavior sounds a bit like government behavior in Russia or China. Instead, it is happening in the United States.
Even if you are not under investigation, the doctor and the medical staff will also write about you. Often, the doctor is watching you through the window when you get out of your car. SSA’s doctor is writing a report about your physical condition.
The doctor will report how you act, sit, stand, and how you get into and out of the building in their report. They will always write about your ability to get on and off the exam table. Likewise, they will note whether you are putting forth a good effort at the exam.
IF YOU ARE UNDER INVESTIGATION, THE SSA MAY COME TO YOUR HOUSE
Here is the second thing you need to know. The SSA workers may come to your house to investigate you.
They will normally pose as detectives or perhaps, some form of police officer. You have a right to ask for their ID. They will usually say they are investigating the theft of your identity. Sometimes, they pretend they are investigating an internet crime or a crime at the house next door. They might say they are investigating a complaint that you or a neighbor made. Or, they make up some other lie in order to get you to invite them into your home.
Most of the time, they say they think someone is trying to steal your identity. Sometimes, they look up complaints you may have filed with the police and claim to be talking to other witnesses in your neighborhood.
For example, let’s say your laptop was stolen within the last year. They will come to your house and say they need to ask questions about your stolen laptop. This information gives them even more credibility, but they are still not telling you the truth. The CDI unit calls their behavior an “investigative technique,” but the rest of the world calls it a lie.
They are telling you a lie to get you to trust them. They also want you to give them the same respect you would give a police officer. However, they are not there to solve a crime. Instead, they are there to write a report to the SSA about you.
YOU DO NOT NEED TO SPEAK TO THE SSA INVESTIGATORS
Please remember, just because two people show up at your front door stating they are the police with information about identity theft or your stolen laptop, you do not have to talk to them.
You do NOT need to let them into your house. Similarly, you do NOT need to answer their questions. In fact, you do NOT need to talk to them at all. You should ask for their police badge or official I.D.. If they cannot prove they are the police, then do not talk to them. Even if they do prove they are police, you still do not need to invite them into your home.
Frankly, it would be best for you not to speak to them. Why? Because they are writing a report about you even though they do not have any medical training to assess your condition. They are not medical doctors. They have no training in mental or physical medicine. Yet, they are writing a report about whether or not you “appear” ill. Does this sound fair or ethical to you?
WHAT TO DO IF YOU ARE UNDER SSA INVESTIGATION?
If investigators follow you or come to your house, then you simply do not need to talk to them. Even if you are not at home, they may ask your neighbors about you. Likewise, they may ask questions about you to your roommate or other members of your family. Unfortunately, many neighbors and family members are more than willing to talk about you to strangers.
Explain to your family members or roommate that you do not want them to talk to strangers about you. Even if those strangers claim they are investigating a crime on your behalf.
There are serious constitutional issues about the SSA getting information about people who file for benefits and then using it against them. There are also issues with the government using tax funds to investigate individuals simply because they file a claim for SSDI and SSI benefits.
Beyond those issues, it is wrong for SSA workers with no medical background to make decisions about people with medical conditions. Not all medical conditions are visible. Especially to people who aren’t doctors. Watch out for these investigators. They are not on your side. Please be aware that even if you are already on benefits, you can still be under SSA investigation. Find out how the SSA can take away your benefits.
HOW DO YOU REPORT FRAUD?
There are some people who do need to be under investigation for fraud. For example, the SSA can appoint a payee to manage the benefits of the person who is getting benefits. This happens if the person getting benefits is a child. It also happens if they have schizophrenia or any mental illness where they cannot manage their own funds. Obviously, it is possible for a rep payee to take advantage of others and abuse their position.
For example, some people steal money from those who get SSDI and SSI benefits. Likewise, there are some parents who use their child’s SSI benefits for themselves instead of using it to pay for medical bills or school needs. We have seen cases where the payee refuses to pay the bills. Also, we have seen cases where payees keep getting and using the benefit checks, even when the person who was getting benefits has passed away.
These payees are breaking the law. Their actions should be reported to the Office of the Investigator General (OIG). You can report fraud to the OIG online. You can file an online report and remain anonymous. Also, you can call SSA’s fraud hotline at 1-800-269-0271. If you need to learn what to do, then watch this video: “How to Report Social Security Fraud”.
OUR LAW FIRM HAS THE LEGAL EXPERIENCE YOU NEED TO WIN SSD BENEFITS
Our law firm has lawyers admitted in many states. We can help you with your claim for benefits. Find out about Utah SSDI benefits. Likewise, find out about Nevada Disability SSDI and SSI benefits. If you don’t have health insurance, then learn how to get free or low cost medical treatment.
We have been helping clients win their SSD and SSI cases for over 30 years. During that time, we have won over $100 million in future and past due SSD benefits for our clients. We win because we work with you to build the evidence in your case. Also, we will help you from the day you apply for benefits through the day you have your hearing before an SSA judge. We can help you even if you live in Idaho, Colorado, and California. Find out about Idaho SSDI benefits. Colorado SSI information and California SSDI information are also available.
Our attorneys are members of the National Organization of Social Security Claimant’s Representatives (NOSSCR). NOSSCR is a group for lawyers who assist those seeking SSD benefits. We attend NOSSCR conferences every year to make sure we are up to date on the law. Contact us today for a free review of your benefits. Let us help you win your case, whether or not you are under SSA investigation.
YOUR MEDICARE AND MEDICAID BENEFITS ARE AT RISK
Additionally, your ability to receive Medicaid and Medicare benefits depends upon whether you win your SSDI and SSI benefits. Learn about Medicaid benefits. Also, you can learn about your Medicare benefits. Even your future retirement benefits are at risk if you do not win your SSD case.
You should be able to hire an attorney without worrying about how to pay the attorney fee. At our law firm, you only pay us if we win your benefits. This means if you do not win SSD benefits, you do not owe an attorney fee. Therefore, hiring us to represent you creates no financial risk for you. Again, you only pay an attorney fee if and when we win your SSD & SSI case.
Ask yourself when you hire a law firm, what it is you are looking for? We think you should want a firm that you can work with and who cares about you. Also, you need a law firm who understands Social Security’s rules and your medical condition. In short, you need a lawyer on your side to win SSD benefits. You must replace your income. Do it with SSI and SSD benefits. Ask our law firm to help you today.
HIRE OUR LAW FIRM TO HELP YOU WIN SSD BENEFITS
The SSA investigators are writing a report that says you do not deserve benefits. They are doing this even though they actually have no training to make that kind of decision. However, you do not need to feel scared about SSA investigations.
The SSA does not run investigations in every SSDI and SSI case. Importantly, if you are not lying about your disability, then you have nothing to worry about. However, it is good to be aware of the SSA’s investigation techniques. If you believe someone is watching you or following you, then ask them to stop.
Whether you like it or not, the SSA conducts investigations into people who are seeking SSDI and SSI benefits. Can you see that you need a legal team with experience to represent you before the SSA?
YOU NEED A LEGAL TEAM WITH EXPERIENCE TO FIGHT THE SSA
Not only do you need an attorney in court, you need a legal team to help you apply for benefits and appeal SSA denials. Also, you need to make sure your paperwork is correct. Don’t give the SSA a reason to investigate you.
In court, you also need an attorney to explain why SSA’s “police” should not be making medical decisions. It is obvious they are not doctors and cannot make a medical decision by following you around.
Make sure that your attorney objects to the evidence in the report. Also, make sure your attorney requests that the judge remove the SSA’s investigation report from the record. Your attorney should do this because the people who wrote the report are not doctors. Therefore, their “medical” opinion about your case should be taken out of the record because it is without merit.
WHAT IS THE COST OF FAILING TO HIRE OUR LAW FIRM?
Finally, ask yourself this question.
What will be the cost of not hiring the best SSD lawyer you can find?
The chance of winning your case triples if you hire an attorney with experience in Social Security law.
If you do not win your case, then you will not have any income for the future. You will also not win your past due benefits. Also, you will not win Medicaid or Medicare benefits. Additionally, you will lose out on a higher monthly payment in retirement.
Remember, you only pay us if we win your case. If we win, then you might owe us a few thousand dollars out of your back benefit. But, you will win benefits every month for the rest of your life until you reach your full retirement age. Which in most cases is 67 years old. At that point, we will have won you a higher retirement benefit too. So, the decision you make about who you hire will have a huge impact your future. Therefore, hire us. Because we are the SSD law firm you can depend on.
In reality, the attorney fee that you pay us if you win your case is very low. Especially if you consider that you are seeking SSDI and SSI benefits for the next 10-30 years of your life. If you are worried about the attorney fee, then stop. We are well worth the cost. Learn about attorney fees and how they work in SSD cases. What will the cost be to you if you lose your case? Once you think of it that way, the choice is easy. Hire Cannon Disability Law today.
