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Education for Justice |
FACT SHEET G-24 |
Fall
2011 |
WELFARE FRAUD
HEARINGS
WHAT IS AN
ADMINISTRATIVE DISQUALIFICATION HEARING (ADH)?
Fraud means lying or hiding information in order to get
benefits. If the county thinks you did
this, they can file a criminal charge, and may hold an administrative
disqualification hearing (ADH). An ADH
is a hearing to decide if you committed civil fraud to get MFIP, DWP, Childcare,
General Assistance (GA), Group Residential Housing (GRH), Minnesota
Supplemental Aid (MSA), Medical Assistance, GAMC, MinnesotaCare
and Food Support.
WHAT DOES THE
In an ADH, the county must show clear and convincing proof
of fraud. This means they have to show
that you did or said something on
purpose to get something from the county that you should not have gotten.
WHAT IF THE ADH JUDGE FINDS I
COMMITTED FRAUD?
You lose your benefits for 1 year for a first violation, 2
years for a second violation and permanently for a third violation. If childcare was the issue, you lose your
benefits for 3 months for the first violation, 6 months for the second
violation, and 2 years for the third violation.
If you are disqualified from MFIP, you also lose food support. You can’t get jail time in an ADH, but
anything you say or anything the county finds out in an ADH can be used against you if they file a
criminal charge.
SHOULD I WAIVE THE HEARING?
The county may ask you to sign a form to waive the
hearing. Call legal aid for advice before
you sign! If you sign it, you
give up your right to a hearing. You
also lose your benefits even if you don’t admit to doing what the county says
you did. If you sign the form, you have
30 days to change your mind so contact legal aid if you have questions.
CAN THEY STILL FILE CRIMINAL CHARGES?
Yes. The county can
bring both an ADH and criminal charges against you. Anything
you tell the county can be used against you later. If you make a statement or sign a paper, you
may be giving up your right to use the 5th Amendment later, in a criminal
trial. The 5th Amendment is
your right not to testify against yourself in a criminal case. You need to talk to a lawyer to get more
information about this.
WHAT IF I APPEALED A NOTICE TO STOP OR
LOWER MY BENEFITS?
That appeal can be combined with the ADH fraud hearing. Get
legal help right away. The hearing
will be tricky, because what the county has to prove is different for cutting
your benefits than for fraud. The county
only needs to prove that most of the facts are on its side to cut off or lower
your benefits. But they need clear and
convincing proof for fraud.
WHAT IF THEY FILE CRIMINAL CHARGES?
Then you should ask them to drop or delay the ADH hearing.
WHAT IF I AM CONVICTED OF CRIMINAL
FRAUD OR IF I AM IN A DIVERSION PROGRAM?
If you are found guilty of cheating to get welfare, you will
lose your benefits. You can also get
jail time or fines. You lose your
benefits for 1 year for a first violation, 2 years for a second violation and
permanently for a third violation. If childcare is
the issue, you lose your benefits for 3 months for the first violation, 6
months for the second violation, and 2 years for the third violation. Any
further violations mean permanent disqualification. This is true even if you are in a
diversion program or court ordered stay and probation.
WHAT IF I AM NOT A U.S. CITIZEN?
If you are not a
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Aid Society materials, including the fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.