Is it Social Security Fraud if you claim to be single but live with a boyfriend for years in a common law marriage state?

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Question:

I know someone who reported on her Social Security disability application that she is not married, but she has actually been living with a boyfriend for many years.  I have been told that because our state recognizes common law marriage, they are actually married and she may have committed fraud on her Social Security application.  What should I do?

Answer: (1)

If you know that they have been holding themselves out as a married couple by having a joint checking account and filing joint income tax returns, and your state recognizes common law marriage, she may have indeed filed fraudulent Social Security documents.  This may be a crime, and should be reported to the Social Security Fraud Reporting Hotline at 1-800-279-0271. When you contact Social Security, you will need as much information as possible about the situation, including the name of the person, their address, telephone number, what they did, why you think they did it, and who else may have knowledge of it.  When reporting a case where someone may have filed fraudulent Social Security documents, if you are afraid that disclosing your identity may cause problems for you, you can request that Social Security be precluded from disclosing who you are.  For more information, talk to a lawyer experienced in criminal defense, white collar crime, and Social Security.

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