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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Public Assistance/Food Stamp Fraud
© 1998-2002 by Neighborhood Legal Services, Inc.
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What is Public Assistance and/or Food Stamp fraud?
Public Assistance or Food Stamp fraud is the intentional misrepresentation, concealment or withholding of information in order to get any, or increased, public assistance or food stamp benefits. If you intentionally sign any papers (such as an application for benefits, a questionnaire, or recertification papers) in which the information in the papers is not true, you have committed fraud. This is true even if you never end up receiving any public assistance or food stamps at all.
Is fraud a serious matter?
It can be. DSS can disqualify you, make you pay the money back, or criminally prosecute you if they suspect welfare fraud.
Will there be an investigation?
The Department of Social Services'Special Investigation Division (SID) will investigate and may talk to your neighbors, your landlord, your employer or others. An investigator could ask you to sign a paper giving up your right to remain silent and to have an attorney present. If you sign the paper, the investigator will ask you questions. If you do not sign, the interview will end. If you are receiving public assistance or food stamps and you do not go to a SID appointment, your benefits could be discontinued.
What can DSS do if they suspect that I committed fraud?
The Erie County Department of Social Services (ECDSS) can either have you criminally prosecuted and/or can schedule you for an Administrative Disqualification Hearing (ADH).
In most cases, DSS will refer your case to the District Attorney . If the District Attorney does prosecute you, you could face criminal penalties such as fines and/or jail time or discontinuance of your benefits. If you are prosecuted in court, you have the right to have the court appoint an attorney for you if you cannot afford one. Make sure and ask the court for an attorney at the beginning of your case.
If the DA does not take your case, then ECDSS will schedule you for a disqualification hearing to determine if you have committed an Intentional Program Violation (IPV). This hearing does not stop the state or federal government from prosecuting you criminally in the future so be careful what you say at the hearing.
What is an Intentional Program Violation (IPV)?
If the DA decides not to pursue a criminal action against you, DSS will charge you with an Intentional Program Violation. An Intentional Program Violation occurs when DSS thinks that you committed “civil”(not criminal) fraud. You will get an IPV packet in the mail telling you why DSS believes you committed an IPV and when your hearing is scheduled.
The issue at the hearing will be whether you intended to misrepresent or conceal information in order to get benefits. The burden is on DSS to show the judge through clear and convincing evidence that you committed the intentional program violation.
What must DSS prove at the hearing?
DSS has a heavy burden of proof at the Administrative Disqualification Hearing. They must show that you 'intentionally 'withheld or misrepresented or concealed income or information to get any, or increased benefits. Merely making a mistake, or checking the wrong box on a questionnaire, or not telling your worker about wages in a timely manner is not enough to prove you committed an IPV. If you merely made a mistake and did not mean to defraud the agency, tell the Administrative Law Judge and bring any proof that you may have with you to show the judge. The agency must prove that you intended to commit an IPV.
What should I bring to the hearing?
Bring all documents and or witnesses that you have to support your position that you did not intentionally withhold, misrepresent, or conceal income and/or resource information. For instance, if DSS is trying to disqualify you for concealment of wages and you reported your income to your worker, bring copies of any pay stubs or letters that you or your employer submitted to DSS on your behalf.
Instead of going to an Administrative Disqualification Hearing, what can I do?
Instead of going to the Administrative Disqualification Hearing, you may choose to sign a waiver of the hearing. If you sign this, you are agreeing to accept the disqualification period and collection of the overpayment without admitting you committed an IPV (if you sign the 'do not admit' box).
In addition to getting a 'waiver' mailed to you in the IPV packet, DSS also conducts pre-hearing meetings where they will offer you another chance to waive your right to a hearing and agree to the disqualification instead of going to the hearing.
Since there are many disadvantages to signing the waiver, you may want to strongly consider your options before signing the waiver. A signed waiver authorizes the disqualification and allows DSS to reduce the rest of your household's benefits. It does not stop DSS from referring your case for criminal prosecution and can be used against you if you sign the 'admit' box on the waiver form. If you sign the 'do not admit'box, a disqualification will still be imposed.
What happens if I lose the hearing?
If you lose the hearing, only your benefits will be stopped and you will be disqualified for a certain period of time. Your children will still receive their grant. However, your overpayment will be recouped from their grant when you are disqualified at the rate of 10% - 20%.
If I lose the hearing, when does the disqualification start?
If the judge finds that you committed an IPV, your benefits will be stopped for a set period of time. The disqualification begins at different times depending on the type of disqualification and your situation.
For Food Stamps the disqualification begins immediately.
If you are receiving public assistance when the disqualification is imposed, the disqualification period also starts immediately. If you are off public assistance, you have to reapply, be determined otherwise eligible and then the disqualification begins. If you have questions call Neighborhood Legal Services.
What happens if I win the hearing?
You will not be disqualified, but you will have to repay any overpayment of benefits.
What if I don't think I committed fraud or have questions concerning IPV's?
Contact our office at 847-0650 and ask for the Public Benefits Unit.
