EC DSS: Special Investigations Division

More Information:

Special Investigations Division

Location:
43 Court Street
Convention Towers - 2nd Floor
Buffalo, New York 14202

Hours of Operation: 8:00am - 5:00pm

The Special Investigations/Resource Division [SID] investigates welfare fraud and works aggressively to recover funds wherever possible to reduce the cost of assistance programs for Erie County taxpayers. In 2008, between monies received and cost avoidance, more that $58 million was realized by SID.

Welfare Fraud: Prevention and Prosecution -

In an effort to prevent fraud, our Front End Detection [FEDS] Unit conducts investigations on applicants for temporary [public] assistance. These investigations include a variety of verification activities, including visits to the applicant's home. They are designed to verify the basic facts on the application, and most importantly, the applicant's current address and living situation.

In 2008, our FEDS Unit completed 4500 Temporary Assistance and Day Care investigations, identified discrepancies in applicant information and prevented cases from being opened, resulting in more than $29 million in welfare savings.

Rectifying welfare fraud after it's occurred involves the use of three strategies: criminal prosecution, administrative sanctions and civil recovery.

Criminal Prosecution:

Criminal prosecutions in 2008 of individuals fraudulently receiving cash and/or food stamp benefits returned greater than $150,000 to the County. There are currently approximately 100 more such cases pending referral to the District Attorney’s Office for 2009. Keep Criminal prosecutions sentence.

Administrative Sanctions:

Administrative sanctions are used when criminal charges cannot be proved or would not be appropriate. This process is known as an 'Intentional Program Violation [IPV] sanction. The process works as follows: a person, who as a result of an intentional act receives benefits they are not entitled to, is required to serve a sanction period during which they are not eligible for benefits.

Civil Recoveries:

Civil recoveries are used when overgrants have occurred but there is no proof of criminal intent. These cases need only show benefits were received that were not correctly issued. After a review of the circumstances with the client, a repayment agreement and a Confession of Judgement is signed. An account is established with billing statements sent. If the client defaults on the agreement or payments are more than 60 days late, the Confession of Judgement is filed. An income execution will also be filed if there is proof of employment income.

Grant Recoveries -

New York State law allows the Department of Social Services to recover the assistance costs in various ways:

From the estate of an adult recipient who died while in receipt of Medicaid benefits;
From a recipient who receives a personal injury award; or
From anyone who disposes of real property after having received financial assistance to maintain that property.

ECDSS routinely files liens to protect our interests in such matters, and works diligently to pursue collection of these payments whenever possible. Recoveries in 2008 resulted in the recovery of several million dollars.

How you can help us:

If you become aware of potential welfare fraud, such as;

a welfare or Medicaid recipient who has a lawsuit or pending settlement;
a recipient has sold real property such as a home without reporting the sale;

please contact our office at [716] 858-1886.

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Erie County Department of Social Services

Special Investigations Division