Legal Question in Civil Litigation in New York

I live in New York State (Delaware Co.).I am married with 6 children. one has a disability.I receive welfare and have a very low income. In 1999 I inherited 2 pieces of property along with 5 of my siblings(we are all on the deeds) and another piece of property was given to me separately. I also receive cash gifts on a monthly basis in the form of checks from a generous relative. Does this constitute welfare fraud?


Asked on 1/03/10, 4:04 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Black's Law Dictionary defines fraud as" "An intentional perversion of the truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury."

In your case, a more detailed answer cannot be given on this limited use website. I suggest that you seek a face-to-face consultation with public benefits attorney who can guide you on what steps you need to take to avoid any allegations of fraud. It will be well worth the consultation fee. Don't be "penny wise and pound foolish." Best wishes.

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Answered on 1/09/10, 8:47 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Your non permanent changes ( gifts from a non obligated person) and co owned property with upkeep and maintenance obligations, may not automatically mean that your circumstance will be deemed by an Agency, to have changed, sufficiently to warrant termination of all assistance and services. But, the duty to report is an Affirmative Obligation of a recipient of "public social services." and is not to be ignored.

A social services client can be found to fraudulently be receiving assistance from programs administered by the State of New York, upon their failure to report and disclose a change in circumstance, that may disqualify them, or limit their, need for assistance.

Such programs include, but are not limited to, Disability, Public Assistance and Food Stamps benefits>

Thus, the following could disqualify or limit a recipient's need and subject them to criminal prosecution::

* Unreported Income (either earned or unearned);

* Hidden Assets (bank accounts, property, etc.);

* Unreported changes in Household Composition (either someone moved into the home or moved out);

* Unreported changes in Shelter Costs, etc.

Carefully review your documents and informationals and proceed with care.

Good luck,

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Answered on 1/10/10, 2:15 pm


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