Q: I think I'm looking at wire charges for not claiming my checking assets went over 2k during a recert am I going to jail?
I was in the mental hospital for being suicidal for about a month. I was left homeless & got a room to rent that had bed bugs & mice & my Dr changed my meds. I was stressed. I went to my credit union to discover I had 3100 & 600 was the stimulus. I had about 1200 on EBT because I kept getting hacked & called Mi EBT about it last fall. I'm being asked to "help them to see if I qualify for medicaid & EBT" my bank statements are gonna show I took out a 2500 cashier's check leaving 500 in my acct. I did not know at the time I got the 600 stimulus I deposited the ck & withdrew 1800. I deposited 450 & 550 later figuring I could tell my worker I won $ at the casino. In reality it was all my SSDI $ & 600 stim$. I can't recall if I told the worker about my safe deposit box & new bank acct. I have had identity theft & the worse move so I forgot I think. Am I gonna just need to pay back EBT & medicaid doesn't help bc I have a spendown? Can I use bipolar & ADHD & Schizophrenia as an excuse?
A:
It's hard to say what may or could happen. Most likely the worse you are looking at is welfare fraud, which is a felony. Generally, it's better to come forward to your case worker before he or she finds the issue and assumes you were trying to defraud the state; you can amend the information you provide for benefits, and in fact you have a continuing legal obligation to inform them or any changes.
Your mental health likely won't absolve you of any criminal responsibility, but it could be a mitigating factor in determining what happens in any criminal proceeding.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
