Being investigated for Social Security disability fraud is more common than you might think.
People on disability with mental illnesses or other “invisible” conditions like fibromyalgia may be investigated as well as those with more visible conditions.
Unfortunately, malingering is common enough to make Social Security investigators suspicious of people who really need disability benefits.
It isn’t easy these days to escape scrutiny – partially because disability fraud is often a hot political topic and partially because actual fraud can and does happen. Even people who don’t deserve it can find themselves under the microscope, so it’s best to walk the line and avoid it altogether.
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How Social Security Investigates Fraud
The agency has created more Cooperative Disability Investigation (CDI) units, which are designed to find and prosecute healthy people who are collecting disability benefits. Unfortunately, it takes very little to start an investigation. You can be the victim of a neighbor with a grudge, a hostile ex or a jealous relative who thinks you somehow have it easy.
All it takes is a anonymous report to start an investigation against you.
How, then, can you avoid being accused of fraud when your disability isn’t the kind that shows up on an MRI or some other physical test? We know a few approaches that can help you with your Social Security fraud investigation if it ever comes to that.
How do You Know if Social Security is Investigating You?
When you seek Social Security benefits, you may not realize that the Social Security Administration (SSA) may be watching you. After an application is filed, the employees of the local claim office are responsible for beginning an investigation if they are suspicious of what you have told them.
These employees may speak to people who apply for benefits on the telephone and can even help you with filing your application. Sometimes, they will question you about your medical information. During these calls, they are listening for inaccuracies. If the worker believes that you are leading them on or if they do not feel that you are supplying legitimate answers, they may begin to investigate you.
Your work history form or other forms you have turned in could be under scrutiny if your answers did not satisfy the local SSA worker. But it does not end there.
How Does an Investigation Work?
Often, the investigation begins by searching for you online. You have supplied the SSA employees with all the information they need to start learning more about you. They will often look up your home address to ensure it matches your application.
They Know Where You Live
It is unsettling to realize that by learning your address, they may come to your home and keep an eye on you. Riding by, sitting outside, or even coming to your house to gather information about you is possible. They hope to catch you behaving in a way that demonstrates that what you told them was invalid.
Social Media Provides a Wealth of Information
Facebook, Instagram, TikTok, and Twitter, among other social media platforms, contain a lot of information about all of us. If you have piqued the curiosity of the Social Security Administration employees, they can quickly look you up online. And they will.
But why? What are they looking for? They are diligently looking for evidence that disproves what you have claimed. They are gathering information that can discount what you have told them. They are conducting a search for fraudulent behavior. Since most people post personal aspects of their lives online, they will try to use your personal social media account to catch you in a lie.
Social media can be used against you. For instance, an applicant for disability because of decreased mobility posted a video of themselves playing soccer. The soccer photo was posted days before the application for disability benefits. The investigator could construe this as evidence of malingering, exaggerating, or making up an injury or illness for personal gain.
An Attorney is a Must
Your attorney will know the ends and outs of an investigation like this. For instance, just because a photo was posted on social media on a specific day does not mean that it was the day it was taken. Throwback Thursdays are a real thing, and people post memories on social media as often as they post recent photographs.
Understanding how to dispute information gathered to use against you is one of the most crucial reasons for hiring an attorney to help with your case.
How To Avoid A Disability Fraud Investigation
1. See Your Physician Regularly
Make regular follow-up appointments with your treating physician and always discuss your mental or physical symptoms so that they are documented.
2. Follow Your Treatment Protocol
Take your psychiatric medication or follow your physical treatment plan as prescribed. If it doesn’t work, let your doctor know that it isn’t working, and be willing to try new medications.
3. Don’t Downplay Your Symptoms
Don’t minimize your symptoms. Make sure that your treatment providers know that you are experiencing problems and need medical help.
4. Keep Your Finances Private
Don’t tell your neighbors the source of your income, and don’t discuss it on social media. You will avoid suspicion altogether if no one knows you’re on disability.
5. Know That You’re Entitled To It
Don’t feel that you have to justify your disability benefits to anyone. This system was put in place to help people like you.
6. Keep An Eye Out For Fraud Investigators
Recognize that you could be under surveillance at any time, so be conscious of any stranger who asks unusual or probing questions.
7. Seek Additional Treatment If Needed
Seek ongoing mental or physical health therapy or join a support group to show that your condition still bothers you.
8. Use Your Attorney
As always, if you find out that you are the subject of a disability fraud investigation, promptly find an attorney and go over the next steps with him or her. Your attorney can potentially help get to the bottom of the investigation and mitigate the harm it may cause to your benefits or well-being.