Yesterday the White House published a memo outlining a presidential memorandum aimed at preventing illegal aliens from obtaining benefits under the Social Security Act, detailing responsibilities and actions for various government officials and agencies.
How does this Memorandum impact eligibility verification processes?
The memorandum impacts eligibility verification processes by directing several measures to ensure that ineligible individuals, particularly illegal aliens, do not receive Social Security Act benefits. Key actions include:
- Enhanced Verification Measures: Federal agencies, including the Secretary of Labor, Secretary of Health and Human Services, and Commissioner of Social Security, are tasked with taking all reasonable measures to verify eligibility and prevent payments to deceased or otherwise ineligible individuals.
- Fraud-Prosecutor Programs: The Attorney General and Commissioner of Social Security are directed to expand the SSA’s fraud prosecutor program to at least 50 U.S. Attorney Offices by October 1, 2025, focusing on identity theft and beneficiary-side fraud. Similar programs are to be established for Medicare and Medicaid services in at least 15 U.S. Attorney Offices.
- Addressing Missing Death Information: The Commissioner of Social Security is required to implement recommendations from a July 2023 audit to address missing death information in SSA files, which obstructs fraud prevention efforts.
- Investigating Earnings Reports for Individuals Over 100: The SSA must investigate earnings reports for individuals aged 100 or older when the wage-earner’s name does not match SSA records, as this may indicate identity theft or other unlawful activity.
- Civil Monetary Penalties Review: The Commissioner of Social Security is directed to review whether SSA should resume pursuing civil monetary penalties under section 1129 of the Social Security Act.
These measures aim to strengthen eligibility verification processes, reduce fraud, and ensure taxpayer-funded benefits are provided only to eligible individuals.
What measures are outlined to prevent fraud in Social Security benefits?
The memorandum outlines several measures to prevent fraud in Social Security benefits:
- Enhanced Eligibility Verification: Federal agencies, including the Secretary of Labor, Secretary of Health and Human Services, and Commissioner of Social Security, are directed to take reasonable measures to ensure ineligible individuals, including illegal aliens, do not receive Social Security Act funds. This includes issuing guidance or regulations and prioritizing enforcement actions against entities failing to verify eligibility or prevent improper payments.
- Fraud-Prosecutor Programs:
- The Attorney General and Commissioner of Social Security are tasked with expanding the SSA’s fraud prosecutor program to at least 50 U.S. Attorney Offices by October 1, 2025. These programs will focus on prosecuting identity theft and beneficiary-side fraud.
- A similar program is to be established for Medicare and Medicaid services in at least 15 U.S. Attorney Offices.
- Addressing Missing Death Information: The Commissioner of Social Security is required to implement recommendations from a July 2023 audit to address missing death information in SSA files, which obstructs fraud prevention efforts across government agencies.
- Investigating Earnings Reports for Individuals Over 100: The SSA must investigate earnings reports for individuals aged 100 or older when the wage-earner’s name does not match SSA records. This aims to detect identity theft, illegal work, tax evasion, or other unlawful activities.
- Civil Monetary Penalties Review: The Commissioner of Social Security is directed to review whether SSA should resume pursuing civil monetary penalties under section 1129 of the Social Security Act to deter fraud.
These measures collectively aim to strengthen fraud prevention, improve program integrity, and ensure benefits are distributed only to eligible individuals.
How will the fraud prosecutor program be expanded?
The fraud prosecutor program will be expanded as follows:
- Increase in Coverage: The Attorney General and the Commissioner of Social Security are directed to expand the Social Security Administration’s (SSA) full-time fraud prosecutor program to at least 50 U.S. Attorney Offices by October 1, 2025.
- Focus Areas: Prosecutors in the program will emphasize cases involving identity theft and beneficiary-side fraud.
- Prioritization of High-Risk Jurisdictions: To the extent feasible, new detailees in the program will be assigned to the 10 U.S. Attorney Offices whose jurisdictions encompass the largest known populations of illegal aliens, as determined by the Secretary of Homeland Security.
- Medicare and Medicaid Fraud Program: A similar fraud-prosecutor program will be established for programs administered by the Centers for Medicare and Medicaid Services, operating in at least 15 U.S. Attorney Offices by October 1, 2025.
These expansions aim to strengthen enforcement against fraud and ensure the integrity of Social Security Act programs.