Charges Against 8 Suspects in NYPD Social Security Disability Scam Tossed

On Thursday, August 21st, a judge in New York City dismissed fraud charges against eight of the defendants involved in the recent Social Security Disability scam because they were actually sick and needed the federal aid.

Manhattan Supreme Court Judge Daniel Fitzgerald dismissed and sealed the eight cases because prosecutors failed to search for evidence that the defendants actually needed their social security disability benefits. The eight accused, it turned out, actually suffered illnesses related to their prior jobs as emergency responders during the September 11th, 2001 attacks and needed permanent financial assistance.

Six of the former defendants were former NYC police officers – Michael Kull, David Lopez, Edward Mahoney, Mergim Nesimi, Michael Rocco and George Byrnes. Two other defendants – former Department of Sanitation employee Nicholas Secchi and civilian elevator repairman Peter Martin – also had their social security disability fraud charges dismissed.

The social security fraud scam led to 130 arrests in NYC in February and March of this year. Prosecutors contended that the group involved lawyers, doctors, and psychiatrists who coached former emergency services workers on how to fake PTSD or injuries to obtain social security disability.

The District Attorney’s office dismissed eight of the lawsuits because “we obtained additional information and records, from the defense and other sources, much of which was unavailable at the time of indictment,” they said in a letter. “This newly discovered information initiated a reassessment of the evidence.”

Defendants’ attorneys said that the DA even tried to “pull a fast one” on them by failing to notify the defendants about the dismissal of their social security disability fraud charges ahead of time.

“The DA tried to keep it hush-hush from the media (because) it’s embarrassing,” said defense attorney Brian Kennedy, who represents elevator repairman Peter Martin. “I didn’t know until I walked to the bench to speak with the judge this morning. Usually, they pick up a phone and call you to say the case is being dismissed.”

The other defendants, however, still face serious federal charges for defrauding Social Security Disability of up to $400 million over more than a decade.

Proving You Need Social Security Disability Benefits

The standard of disability that must be shown is the same for both programs.

In determining disability, the test is not whether you would be offered a job, but whether there are jobs which you could perform. For those over 55 years old, new regulations allow a more realistic look at age, education, and experience in making this analysis.

For each of the major body systems, Social Security maintains a list of medical conditions that are so severe, being diagnosed with one automatically qualifies you for disability. If your condition is not on the list, Social Security will have to decide if it is of equal severity to a medical condition that is on the list. If it is, you will be found disabled.

The Strom Law Firm Can Help with Social Security Disability Claims

Applying for Social Security Disability Insurance can be complex.  However, we understand that you need your benefits and we will put our years of experience to work for you to ensure that you have the representation necessary to actively pursue your claim.  Call the attorneys at the Strom Law Firm today to discuss your Social Security Disability or Supplemental Security Income case today.  We will be glad to discuss any questions you may have during our free, confidential consultation.  Call the experienced attorneys at the Strom Law Firm at (803)252-4800.