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What’s Happening with Seniors Benefits

by Art Kelly

1.  House Republican leaders are drafting legislation to replace Obamacare with a new law to address some of the same problems that the President's heath care legislation was intended to solve.

The Associated Press reports that Congressman Joe Pitts (R-PA), Chairman of the Health Subcommittee of the House Energy and Commerce Committee, said the GOP leadership wants to be ready in the event the U.S. Supreme Court declares Obamacare to be unconstitutional in its entirety.

The Court is expected to render a decision on it in June.

Since the law lacks a routine "severance clause," to provide that if any part in it is declared unconstitutional, the rest of it is not affected, some observers believe Obamacare may be totally voided.

If that happens, this new bill will be ready for immediate consideration.  It would include medical malpractice reform, high-risk insurance pools for people with pre-existing conditions, tax breaks for individuals and small businesses to buy health insurance, and sale of policies in interstate commerce.

2.  On January 24, Patrick P. O'Carroll, Jr., the Inspector General (IG) of the Social Security Administration (SSA) testified before the Social Security Subcommittee of the House Ways and Means Committee regarding waste, fraud, and abuse in the disability program that is administered by SSA.

O'Carroll stated in part:

"We know there are individuals who will purposely withhold or fabricate information to collect government benefits that they are not entitled to receive. Our agents investigate those who aim to defraud SSA and the federal government. In Fiscal Year (FY) 2011, our investigators reported more than $410 million in investigative accomplishments, including about $82 million in SSA recoveries and restitutions and about $329 million in projected savings…

"In addition, IG agents opened and closed nearly 7,200 cases in FY 2011, leading to 1,374 criminal prosecutions…

"To give you an example of the types of fraud cases our agents pursue, an investigation by our Seattle agents recently led to prison sentences for a Washington couple that defrauded SSA and other state and federal assistance programs out of almost $300,000.

"Anthony George, 37, of Washington, obtained a second Social Security number under a fictitious name in 1982, and, in 1993, he used the fake identity to apply for disability benefits, claiming he could not work.

"During multiple medical interviews over the years, George, using the fake identity, pretended he was profoundly disabled and unable to work. George's wife, Roxanne, 35, accompanied her husband at an interview and pretended to be his neighbor, claiming George never worked and could not work.

"However, an investigation revealed Anthony George bought and sold used cars, lived in a $430,000 house, and had more than $10,000 in his bank account.

"Roxanne George reportedly further defrauded state and federal assistance programs by failing to report that she lived with her husband and claiming to be a single mother with three children. During in-home visits and written statements, Anthony and Roxanne George pretended to be brother and sister, rather than husband and wife.

"Both Anthony and Roxanne George pleaded guilty to Social Security fraud in September 2011.

"Earlier this month, Anthony George was sentenced to 27 months in prison and ordered full restitution of $198,148 to disability programs. Roxanne George was sentenced to six months in prison, six months in a halfway house, and has agreed to pay $91,527 for her fraudulent use of state and federal assistance programs…

"I would like to conclude with a Cooperative Disability Investigations (CDI) case example, as the CDI program continues to be SSA's most successful anti-fraud initiative…

"The CDI Unit investigated a 54-year-old man who applied for disability benefits due to intestinal problems and shortness of breath, and the man said he used a walking cane for assistance, he could only walk for about a minute before he needed to rest, and he could not perform household chores.

"Tampa disability examiners referred the case to the CDI Unit due to inconsistencies in the medical evidence and the man's alleged impairments.

"The CDI investigation, which included video surveillance of the man, revealed the man was hardly incapable of walking for longer than a minute and performing household chores. Surveillance showed the man lifting a large piece of wooden furniture and sweeping debris from the roof of his mobile home. Throughout the surveillance, the man did not display any apparent disabilities.

"With this information, our Tampa office denied the man's claim, preventing improper SSA payments."

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