This episode explores a Fourth Circuit Court of Appeals case, Gary Kirk versus the Commissioner of the Social Security Administration, focusing on a dissenting judge's perspective regarding the Social Security Administration's (SSA) practice of withholding evidence believed to be fraudulent. The case revolves around attorney Eric Kahn's scheme involving fraudulent disability claims, where he colluded with doctors and a judge, resulting in millions of dollars in fraudulent benefits. Against the backdrop of this fraud, the SSA redetermined benefits for individuals associated with Kahn, excluding certain medical evidence. More significantly, the legal challenge questions whether excluding this evidence violated the due process rights of claimants like Kirk and Taylor, who argue they were not given a fair opportunity to contest the fraud allegations. The attorney argues that individuals need multiple doctors supporting their claims to counter potential fraud accusations and highlights the importance of due process in these redetermination proceedings, where the SSA must allow claimants to contest fraud allegations related to their medical evidence. The attorney ultimately concludes that the SSA's redetermination procedures violated both the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment.
