The SSDI Podcast - EP2

How to know if ssa is investigating you
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THE SSDI PODCAST – EP2 : HOW TO KNOW IF SSA IS INVESTIGATING YOU ?

Speaker 1 0:00
Did you know that in 2023 the Social Security Administration’s cooperative disability investigations program saved taxpayers over $4 billion Wow, it’s a staggering number, right? Yeah. So today, we’re gonna do a deep dive into the world of Social Security investigations. Okay, we’re gonna look at why they happen and what you need to know if you ever find yourself in that situation that was good and to guide us on this journey, we’re going to be unpacking an article from the Laporte law firm called, How do you know if the SSA is investigating you? Okay? Now, can be a little unnerving to think about this topic, right? But we’re here to give you the knowledge you need to navigate this process with confidence, absolutely.

Speaker 2 0:41
Yeah. You know, it’s all about transparency and understanding your rights as a beneficiary.

Speaker 1 0:46
Yeah. So, first things first, why would the Social Security Administration even investigate someone? Right? It’s not like they’re just randomly choosing people, is it?

Speaker 2 0:54
No, not at all. Okay, the Social Security Administration has a responsibility to ensure that benefits are being distributed fairly and appropriately, you know, making sure that only eligible individuals receive benefits and that the amount they receive is accurate. Okay,

Speaker 1 1:11
so it’s about protecting the system from fraud and misuse Exactly. But what are we talking about here? What are some of the most common reasons for these investigations. Well, the

Speaker 2 1:22
article highlights a range of scenarios, from unintentional errors to deliberate fraud. Okay? So, for example, someone might fail to report a change in their income or work status, which could affect their benefit amount right. Or in more serious cases, individuals might exaggerate the severity of a disability, or even use someone else’s social security number to claim benefits they’re not entitled to. Right

Speaker 1 1:47
those benefits are a lifeline for so many people. Yeah, it’s crucial to make sure the system is being used properly. Absolutely. The article also mentions this program called cooperative disability investigations, or CDI. Yes, what can you tell us about that?

Speaker 2 2:01
The CDI is a specialized unit within the Social Security Administration that focuses specifically on investigating potentially fraudulent disability claims. They often work in conjunction with local law enforcement and other agencies to gather evidence and verify information.

Speaker 1 2:18
So like a detective agency for disability claims, exactly.

Unknown Speaker 2:21
It’s like a detective agency for disability claims. Wow,

Speaker 1 2:23
that sounds intense. Yeah, so if the CDI gets involved, it means they’re taking things pretty seriously, right? But let’s shift gears for a moment and think about this from the perspective of someone receiving benefits legitimately. Okay, how would they even know if they were being investigated? Yeah, it all seems very hush hush. You’re

Speaker 2 2:41
right. It’s not always obvious, right? And it’s important to remember that some contact in the Social Security Administration is routine and doesn’t necessarily mean you’re under investigation, right? However, there are certain signs that might warrant a closer look. Okay,

Speaker 1 2:57
let’s talk about those signs. What are some of the wet flags that might indicate the SSA is digging a little deeper into your case. One

Speaker 2 3:04
of the first things to pay attention to is the frequency and nature of communications from the SSA. Okay, if you suddenly start receiving an unusual number of calls, letters or requests for information they already have, that could be a sign that something’s up. So it’s not

Speaker 1 3:21
just about the contact itself, but the change in pattern that’s important Exactly. What else should people be aware of?

Speaker 2 3:27
Another red flag is requests for very specific types of documents, okay, like detailed pay stubs, a comprehensive work history, or even bank statements, right? If they’re asking for information that seems irrelevant to your case or that they’ve already collected. Yeah, it might be a cause for concern. I’m starting

Speaker 1 3:47
to get a little nervous just thinking about this. But what about those stories you hear about the SSA actually showing up at people’s homes? Is that a real thing, or is that just urban legend? Home

Speaker 2 3:57
visits do happen, okay, but they are extremely rare and usually reserved for cases where there is strong suspicion of fraud and they need to verify information firsthand, right? They can’t just barge in, though, okay, still need to follow legal procedures and obtain proper authorization. Okay? So

Speaker 1 4:16
it’s not like they’re gonna be peeking through your windows, right? But it’s still something to be aware of. Yes, what about receiving legal notices from the SSA? I imagine that’s never a good sign. You’re right.

Speaker 2 4:29
Legal notices are definitely something you should take seriously. Okay, they could be related to a variety of issues, such as allegations of fraud, overpayments or other legal matters.

Speaker 1 4:39
I’m assuming the term overpayments relates to receiving more benefits than you were entitled to. Yes. How does that even happen? And what are the consequences an overpayment

Speaker 2 4:49
can occur for various reasons, such as failing to report a change in income right, or receiving benefits based on inaccurate. Information the consequences can range from having to repay the overpaid amount to in more serious cases, facing penalties or even legal action.

Speaker 1 5:11
This is definitely a lot to process. It sounds like the SSA has quite a few tools at its disposal to investigate potential wrongdoing. Yeah. Is there anything else, or have we covered the major red flags?

Speaker 2 5:26
There’s one more tactic the SSA can employ, okay, though it’s incredibly rare and only used in very specific circumstances. Okay, surveillance. Wait, hold on.

Speaker 1 5:36
Are we talking about the SSA actually following people around, like in a spy movie, yes,

Speaker 2 5:41
but it’s typically only used when there’s compelling evidence to suggest someone is intentionally misrepresenting their situation right to receive benefits they’re not entitled to. Yeah, we’re talking about elaborate schemes, not just minor discrepancies or misunderstandings.

Unknown Speaker 5:55
So it’s not something most people need to worry about, right? But it’s still a bit unsettling to think about. Yeah,

Speaker 2 6:01
I understand. The important thing to remember is that the SSA has to operate within a legal framework, right? They can’t just investigate anyone on a whim. There are procedures and safeguards in place to protect the rights of beneficiaries. That’s

Speaker 1 6:15
reassuring to hear. Yeah. I think it’s easy to feel overwhelmed and anxious when thinking about these investigations, right? But it’s important to remember that the vast majority of people receive benefits legitimately and have nothing to hide, absolutely.

Speaker 2 6:27
Yeah. And even if you do find yourself facing an investigation, it’s not the end of the world, right? Knowing what to expect and how to respond can make a significant difference in the outcome. That’s

Speaker 1 6:39
a great point. Yeah, so far we’ve talked about why the SSA investigates the red flags to watch out for, yes, and the importance of understanding your rights, right? But what happens if those red flags start popping up? What concrete steps should someone take to protect themselves?

Speaker 2 6:55
Yeah, that’s the question on my mind too. You know, it’s easy to feel a bit panicked when you think about those red flags, right?

Speaker 1 7:03
So let’s shift our focus now to what you can actually do if you find yourself in that situation. Yeah, and it’s completely

Speaker 2 7:09
understandable to feel anxious, but you know, like we’ve been saying, knowledge is power, right, having a clear plan and knowing the steps to take can help alleviate some of that anxiety.

Speaker 1 7:21
So let’s dive into that plan. What would be your first piece of advice for someone who suspects they might be under investigation,

Speaker 2 7:29
the most important thing is to not ignore this situation. Okay? You know, burying your head in the sand will only make matters worse, right? Instead, take a deep breath, gather your information and approach the situation proactively.

Speaker 1 7:41
Okay, so that sounds like solid advice. So what does approaching the situation proactively actually look like in this context? It

Speaker 2 7:48
starts with understanding what the SSA is asking for and why review any letters or notices carefully, and don’t hesitate to contact the SSA directly if you need clarification or have questions.

Speaker 1 7:59
So communication is key, but I imagine it’s also important to keep a record of those communications Right. Absolutely.

Speaker 2 8:05
Documentation is crucial throughout this process. Keep a detailed record of every interaction with the SSA, including dates, times, names of individuals you speak with and summaries of conversations. Also keep copies of any documents you send or receive.

Speaker 1 8:21
So it sounds like creating a tapered trail is essential, in case any disputes arise later on. Exactly, are there specific types of documents people should have readily available just in case?

Speaker 2 8:31
Yes, there are having these documents organized and accessible. Can streamline the process if the SSA requests information, okay, first and foremost, make sure you have a copy of your initial application for benefits. That

Speaker 1 8:43
makes sense. It kind of lays the groundwork for your entire case. Exactly what else,

Speaker 2 8:47
if your claim involves a disability, gather all relevant medical records, okay, including doctor’s reports, test results, treatment plans and any documentation supporting your medical condition. These records provide objective evidence to support your claim,

Speaker 1 9:02
right? So those medical records become pretty critical in a disability case, yeah, what about if your claim is related to your inability to work? In

Speaker 2 9:10
that case, you’ll want to have documentation related to your work history, okay? This includes pay stubs, tax forms, job descriptions and any other documentation that demonstrates your previous work experience and

Speaker 1 9:23
earnings, and I imagine any documentation regarding changes in your income or living situation since your initial application would also be important precisely

Speaker 2 9:31
things like bank statements, lease agreements, proof of marriage or divorce, anything that reflects your current financial and living arrangements. Right. Having these documents readily available will help ensure a smoother process. Okay,

Speaker 1 9:44
so we’ve talked about communication documentation and gathering key documents, right? But dealing with the SSA can sometimes feel like navigating a bureaucratic maze. Yes, any tips for staying organized amid all the paperwork and deadlines? Staying organized

Speaker 2 9:58
is crucial, especially. Especially when dealing with something as important as your benefits, create a dedicated file or folder specifically for all your SSA related documents, and keep everything together in one central location. That way you’re not scrambling to find things when you need them. Yeah,

Speaker 1 10:14
I’m a big fan of folders and labels myself. What other organizational tips do you have?

Speaker 2 10:19
The SSA often sets deadlines for responding to requests or submitting documentation. Missing these deadlines can have serious consequences for your case, so develop a system for tracking them. Okay, use a calendar reminder app on your phone, or whatever method works best for you to stay on top of those deadlines. So

Speaker 1 10:37
it’s all about being proactive and not letting things slip through the cracks. Exactly? What if someone is feeling overwhelmed by the process, where can they turn for help?

Speaker 2 10:46
Never hesitate to seek assistance. If you’re feeling overwhelmed or confused, reach out to a friend, a family member or a social worker for support, right? They can offer a listening ear and help you stay organized. Yeah. And of course, if you’re facing a complex situation or need expert guidance, consider seeking legal representation. That’s

Speaker 1 11:06
a great point. We’ve talked about legal representation A few times now, but let’s delve into that a bit deeper. Okay, why is having a lawyer so crucial in these situations? Think

Speaker 2 11:16
of it this way, the SSA has an entire team of experts working for them, right? And you deserve to have someone in your corner who understands the system just as well, a lawyer who specializes in Social Security law can be your advocate, your guide and your translator throughout the process.

Speaker 1 11:34
So they’re not just there for the worst case scenarios, but can be a valuable resource every step of the way, exactly

Speaker 2 11:40
they can help you understand the SSAS requests, prepare your responses, ensure your rights are protected, right and even represent you in hearings or appeals if necessary. That

Unknown Speaker 11:51
brings up a good point. What about potential outcomes? How might an investigation typically play out?

Speaker 2 11:57
Yeah, it seems like there’s a spectrum of possibilities when it comes to these investigations, right? What are some of the most common ways these investigations might conclude you’re

Speaker 1 12:05
absolutely right? Not all investigations are created equal, right? Some might be resolved relatively quickly, okay, with a simple clarification or an update of information, maybe

Speaker 2 12:15
there was a misunderstanding or some paperwork was missing, right? In these cases, the investigation might be closed without any impact on your benefits.

Unknown Speaker 12:22
That’s reassuring to hear. So it’s not always a do and gloom scenario Exactly.

Speaker 2 12:25
However, some investigations might require a more in depth review of your case. This could involve the SSA requesting additional documentation, conducting interviews or even observing you in your daily life to verify the information you’ve provided.

Speaker 1 12:41
I imagine that level of scrutiny could feel a bit intrusive. It certainly

Speaker 2 12:46
can, yeah, and that’s why having legal representation can be so valuable. Right? A lawyer can help ensure the SSA is conducting its investigation fairly and respecting your rights throughout the process. So

Speaker 1 12:57
having that legal expertise in your corner can really make a difference in how the investigation unfolds. Yeah, what about the outcomes of these more in depth investigations? What are the possibilities there?

Speaker 2 13:07
Well, the outcome could range from a confirmation that you are indeed eligible for the benefits you’re receiving to a determination that you are receiving more than you should be okay. In those cases, you might be required to repay the overpayment, and your benefit amount might be adjusted going forward. That

Speaker 1 13:25
makes sense. It’s all about making sure the benefits are aligned with your actual eligibility. Are there any other potential outcomes we should be aware of?

Speaker 2 13:33
In some cases, the investigation might uncover evidence of intentional misrepresentation or fraud, right? This could lead to a suspension or termination of benefits, okay, and in more severe situations, even legal action.

Speaker 1 13:46
That’s a sobering thought. It really highlights the importance of being honest and upfront with the SSA. From the very beginning, I couldn’t

Speaker 2 13:53
agree more, transparency and accuracy are crucial throughout the entire process, from the initial application to any subsequent interactions with the SSA. Speaking of

Speaker 1 14:02
transparency, the article we’ve been discussing focuses primarily on what the SSA looks for when investigating individuals, right? But what about the other side of the coin? Yeah, what safeguards are in place to ensure the system itself is fair and transparent? That’s

Speaker 2 14:17
an excellent question, and it’s one that deserves more attention, yeah, while the SSA has a responsibility to prevent fraud and misuse of benefits, it’s equally important to protect the rights of beneficiaries and ensure the system is operating fairly and equitably. So it’s

Speaker 1 14:33
about striking a balance between protecting the integrity of the system and protecting the individuals who rely on

Speaker 2 14:39
it precisely, and there are mechanisms in place to achieve that balance. Okay. For example, beneficiaries have the right to appeal SSA decisions if they believe they’ve been treated unfairly or that a decision is inaccurate, okay. They also have the right to legal representation throughout the process. Those. Are

Speaker 1 15:00
important safeguards to have in place. It’s all about ensuring due process and fair treatment for everyone involved.

Speaker 2 15:05
Absolutely, the system is designed to be just as much about protecting the rights of beneficiaries as it is about safeguarding taxpayer dollars.

Speaker 1 15:13
This has been a truly eye opening Deep Dive. We’ve covered a lot of ground, from the reasons behind SSA investigations to the potential outcomes and the importance of understanding your rights and options as a beneficiary.

Speaker 2 15:25
It’s been a pleasure diving into this topic with you. Hopefully our listeners are walking away with a better understanding of this complex system and feeling empowered to navigate it with confidence. I

Speaker 1 15:36
completely agree, and remember, even though we’ve been talking about investigations, the vast majority of people receive benefits legitimately, right and have nothing to worry about. The goal here is to empower you with knowledge, not to instill fear or anxiety.

Speaker 2 15:52
Well said, knowledge is power, and the more you understand about the system, right, the better equipped you’ll be to advocate for yourself and ensure your rights are protected Absolutely.

Speaker 1 15:59
And if you have any lingering questions or concerns, don’t hesitate to seek out additional information from reputable sources or consult with a legal professional. Excellent

Speaker 2 16:10
advice. Remember, you don’t have to navigate this alone. There are resources available to help you every step of the way.

Speaker 1 16:16
Well, that brings us to the end of our deep dive into Social Security investigations. It’s been a fascinating and informative journey until next time, stay informed and stay empowered.

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Since receiving his JD from Santa Clara University School of Law in 1979, Terry LaPorte has dedicated his legal career to representing individuals in Social Security Disability claims and appeals. In 1982, he established the LaPorte Law Firm in Northern California, specializing in Social Security Disability law. For over 40 years, Terry and the LaPorte Law Firm team have successfully represented thousands of clients in California and the Western States.

Throughout his career, Terry has continued to develop his expertise in various ways, such as attaining the National Board of Legal Specialty Certification and serving on the Board of Examiners of the National Board of Trial Advocacy. He is also a member of the National Organization of Social Security Claimants’ Representatives, a provider attorney to the American Association of Retired Persons, and a seven-time Chair of the Social Security section of the Santa Clara County Bar Association. In addition, he has served as a lecturer on disability law for the Continuing Education Program of the California Bar Association and for many community, legal, and support organizations.

Terry has received numerous awards and recognition for his commitment to individuals with disabilities and others in need in our community, including:

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Terry is licensed to practice in the State of California and the Northern District Federal Court.

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Kevin LaPorte

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Kevin LaPorte received his JD from the University of San Francisco Law School where he was also awarded an International and Comparative Law Certificate with Honors. He is a member of the National Organization of Social Security Claimants’ Representatives, where he has received specialized training in Social Security Disability Law.

Before joining LaPorte Law Firm, Kevin’s practice focused on international criminal law and human rights, such as serving as Assistant Attorney to the International Civil Parties in the trial of former Khmer Rouge leaders in Cambodia. This trial was conducted as a joint enterprise between the United Nations and the Cambodian government, and involved the drafting of closing statements in the historical trial of former Khmer Rouge leaders, along with conducting fact gathering missions for the crime of genocide. He also worked for the United Nations in The Hague, Netherlands, at the International Criminal Tribunal for the former Yugoslavia, which involved the criminal trial of a former general accused of genocide and war crimes.

Kevin’s experience helping victims of human rights abuses inspired him to assist individuals closer to home who are suffering from disabling illnesses and injuries. With his background in human rights law, he has gained a unique perspective in representing clients whose disabilities prevent them from being able to work. His practice now focuses on representing clients in Northern California in the Social Security Disability claims and appeals process. He was also named a Super Lawyers Rising Star in 2022.

Kevin is licensed to practice in the State of California and the Northern District Federal Court. Kevin LaPorte is also a member of the Alameda County Bar Association.

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Kelsey LaPorte is a zealous advocate for her clients, committed to helping them obtain the benefits they deserve while guiding them through a time in which they adjust to the effects of their disability on their daily life. With specialized expertise in appeals, she has demonstrated success in appeals to both the Social Security Appeal Council as well as federal lawsuits against the Social Security Administration.

Kelsey is a cum laude graduate of Santa Clara University School of Law with experience in appellate work with the Northern California Innocence Project and the California Public Defenders Office. As a graduate of the Center for Social Justice and Public Service at Santa Clara Law, she is committed to public service and has contributed to the Bay Area community by working on expungement petitions at the Santa Clara Public Defender’s office.

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Maria Miranda-Hammon

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Maria Miranda-Hammon has decades of experience as a Legal Specialist, representing clients since 1994. She is an experienced and dedicated Social Security legal representative who is deeply committed to achieving a successful outcome for every client. Maria specializes in the representation of claimants with SSI and SSA disability claims and appeals at Social Security hearing offices and district offices. She continues to expand her knowledge and experience through research and seminars offered by the Santa Clara County Bar Association, the National Organization of Social Security Claimants’ Representatives, and the Annual 9th Circuit Conference for Experienced Social Security Practitioners.

With her vast litigation support experience and electronic filing software expertise, Maria’s assistance in preparing documentation presentations and conference materials is an invaluable asset to the firm. With a fully integrated bicultural background, she has represented many monolingual Spanish-speaking claimants.

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