Return Of The Conn Cases

      I am hearing reports that Social Security has gone back to adjudicating cases left behind in the wake of the Eric Conn fiasco. Conn was an attorney in Kentucky who was found guilty of bribing an ALJ to approve his clients’ Social Security disability cases. The agency tried to cut off benefits to all claimants involved but this engendered litigation which led to readjudications of the cases which the claimants mostly won. Attorneys all over the country, including me, were involved in representing these claimants. I think it was apparent to all involved that none of the claimants had any knowledge of what Conn was up to and that the overwhelming majority of the claimants involved would have won anyway. The claimants looked more like victims than fraudsters. I’ve often wondered why Conn would have paid bribes. He didn’t need to do it. Maybe the bribes were solicited. Who knows? In any case, it’s still bribery.

     The agency stopped action on the Conn cases a few years ago. I don’t know why they’re going back now. A high percentage of these claimants are of retirement age now. Few could actually be cut off benefits. They waive overpayments in these cases. There’s no value to the agency in a retroactive cessation if the claimant stays on benefits and the overpayment is waived. The cost benefit ratio for these cases is probably below zero for the agency.      

     By the way, while I’m retired, those claimants will mostly, if not entirely, get pro bono representation this time around as well. That network hasn’t gone away. The old gang is getting back together.

      It’s not like the agency lacks other work to do. My impression has been that most at Social Security were happy to let this sleeping dog lie. 

     If you’re not familiar with the cases it looks awful that people could be allowed to profit from fraud. Up close the cases look different. The claimants are quite sympathetic.