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WASHINGTON, DC -- U.S. Rep. Harold "Hal" Rogers (KY-05) sent a letter to the Social Security Administration's new Acting Commissioner, Kilolo Kijakazi, advocating for justice for former Eastern Kentucky clients and victims of disgraced attorney Eric C. Conn who was convicted in 2017 of defrauding the Social Security Administration (SSA) of more than $550 million - the largest fraud scheme in the history of the federal program. In the wake of Conn's case, social security benefits have been frozen and questionable redetermination hearings have lingered for thousands of his clients over the last six years. Congressman Rogers urged the commissioner to speed justice.
"The SSA has spent millions of taxpayer dollars trying to deny roughly 3,800 disabled Americans their benefits. This is time and money that could be used to reduce the SSA’s backlog of cases and route out actual fraud that still permeates the system. I strongly support your efforts to end fraud in the Social Security system, but these individuals are the victims of fraud, not the perpetrators, and it’s time for their uncertainty and anxiety to end," stated Congressman Rogers in the letter.
Despite the fact that the SSA's mass redetermination hearings were ruled unconstitutional in 2018, hundreds of former Conn clients still do not have their benefits and cannot afford to continue their appeals. Still yet, SSA has indicated plans to hear nearly 2,000 more cases in the future.
"There are several potential solutions that I hope you will consider in the interest of justice," Rogers' letter continued. "First, SSA should minimize further damage on innocent claimants by creating permanent waivers of overpayments, with no collection on future benefits, and allowing benefits to continue during the redetermination proceedings through all levels of administrative review. Second, SSA should institute fair hearings on determination, when hearings are necessary. The SSA could consider instituting continuing disability reviews (CDR) under 42 U.S.C. 421, rather than “redetermination” proceedings under 42 U.S.C. 406(u). The CDR process is already used regularly by the SSA and would be a vast improvement in the interest of fairness and justice."
Congressman Rogers also applauded the work of local pro bono lawyers who have continued to represent former Conn clients through the complex redetermination process.
Click here to download a copy of Congressman Rogers' letter.