Allegation Management and Fugitive Enforcement Division
P.O. Box 17768
Baltimore, Maryland 21235
SUBJ: SOCIAL SECURITY DISABILITY INCOME FRAUD
Dear Inspector General O’Carroll,
On January 9, 2009, I wrote you the enclosed letter concerning a Social Security Disability Income (SSDI) fraud report I electronically filed with your office on January 26, 2009. Subsequently, Occudata, Inc. attorneys who supposedly were ‘representing my interests’, filed an appeal for my SSDI with the Office of Adjudication and Review in Falls Church, Virginia.
Since that time, I have written numerous letters of inquiry to this office as to the status of my case, as I had intended to litigate this matter should the Social Security Administration determine that I was in fact awarded SSDI, which I claim no entitlement.
In reviewing my file, you will note that on July 23, 2008 I testified under oath before federal administrative law Judge F. Jefferson Hughes in Atlanta, Georgia concerning my ‘appeal’ for SSDI. A few days after this hearing, I obtained a digital copy of the court transcripts, which included my sworn statements wherein I claimed I was not entitled to SSDI. Additionally, during this hearing I submitted a file of information to Judge Hughes for inclusion in my evidence file. Some of the information in this file is associated with my allegations of corruption associated with my 2007 Sarbanes-Oxley (SOX) filing with the Securities and Exchange Commission (SEC) regarding corruption issues pertaining to the United Airlines post-9/11 bankruptcy.
My reasons for writing you are thus. On November 3, 2009, SEC Inspector General H. David Kotz wrote me the attached letter advising that the Securities and Exchange Commission had initiated an investigation into my 2007 SOX allegations. Consequently, because I strongly feel that my testimony provided before Judge Hughes under oath strongly supports the information provided to the SEC, request is hereby respectfully made that you forward to the office of SEC Commissioner Mary Schapiro a copy of my SSDI appeal file, including court transcripts, for inclusion as part of their on-going investigation.
Additionally, in April 2009, the office of the Department of Transportation Inspector General Calvin Scovel advised me that their office was investigating my allegations filed via an FAA Whistle Blower Report filed earlier. To date, after nine months, I have not received a response from this office regarding the disposition of this filed report. For the same reasons as stated above, request is hereby respectfully made that your good office provide a copy of my SSDI appeal file, including court transcripts, for their perusal, since the testimony provided before Judge Hughes is also relevant in this investigation.
Finally, on December 12, 2009, I wrote the attached letter to the office of Inspector General of the Departments of Justice, Homeland Security, and Transportation concerning numerous issues, which I am anticipating will be investigated by the Department of Homeland Security IG Skinner. Once again, because the testimony provided before Judge Hughes pertains to some elements of my case under review by this office, request is respectfully made that your good office provide a copy of my SSDI file, including court transcripts, to this office for review.
On January 29, 2009, after talking with Senator Charles Grassley’s staffer Mr. Brian Downey, I wrote the attached letter to Senator Grassley, as an earlier New York Times article authored by Mary Williams-Walsh indicated that his office was investigating SSDI fraud, but I have not yet received a response. In June 2009 while in Washington DC, I paid a visit to his office, but no one could provide me with information regarding the disposition of this congressional investigation.
It has been over one year since I filed my SSDI fraud report with your office and over fourteen months since Judge Hughes issued his ruling that I was not entitled to SSDI. The issues pertaining to my case seem cut and dry since I am fully capable of employment as exemplified by the fact that I currently serve as the national public spokesperson for the Whistleblowing Airline Employees Association, which is a full-time gratis grassroots position with many responsibilities. Although I was advised by your office that I would not be apprised of your findings until a thorough investigation was conducted, I am presently nonplussed at the time late response, given the simplicity of the evidence at hand.
President Obama campaigned on a promise of a greater openness of government and enhanced protection for federal whistleblowers. Because of my over-exposure as a federal whistleblower on numerous fronts without protection, coupled with the criticality of the SSDI evidence and findings, it is hoped that your good office will provide to the offices delineated above the information requested, while providing me with a prompt response regarding my SSDI fraud report.
As mentioned in the attached May 25, 2009 letter to Ms. Charlotte Brown, a legal assistant in the Social Security Office of Disability Adjudication and Review, it is my intent to file a Qui Tam in the near future should my SSDI be approved for any reason. I am fully capable of employment, but not as an airline pilot.
Your cooperation and assistance in this matter is greatly appreciated.
Very respectfully,
Captain Dan Hanley
National Public Spokesperson
Whistleblowing Airline Employees Association
Encl: Letter dated January 9, 2009 to SSA IG Gordon Heddell
Letter dated November 3, 2009 from SEC IG H. David Kotz
Letter dated December 12, 2009 to DHS IG Richard L. Skinner
Letter dated January 29, 2009 to Senator Charles Grassley
Letter dated May 25, 2009 to SSA Ms. Charlotte Brown
Cc: Senator Charles Grassley – Ranking Member, Senate Finance Committee
Senator Carl Levin – Chairman, Senate Permanent Subcommittee on Investigations
Senator Daniel Akaka – Chairman, Government Management, the Federal Workforce and DC
Senator Clair McCaskill
Congressman Henry Waxman – Chairman, Government Oversight Committee
Congressman George Miller – Chairman, House Health, Education, Labor, and Pension Committee
The Honorable H. David Kotz – Inspector General, Securities and Exchange Commission
Mary Shapiro – Chairman, Securities and Exchange Commission
Merri Jo Gillette – Regional Director, Chicago Securities and Exchange Commission
The Honorable Eric Holder – Attorney General of the United States
The Honorable Glenn Fine – Inspector General, Department of Justice
The Honorable Lanny Breuer – Assistant Attorney General, Criminal Division
Robert Mueller – Director, Federal Bureau of Investigation
Patrick Fitzgerald – District Attorney, Northern District of Illinois
Robert Grant – Special Agent-in-Charge, Chicago Federal Bureau of Investigation
The Honorable Calvin L. Scovel – Inspector General, Department of Transportation
The Honorable Ray LaHood – Secretary, Department of Transportation
Randy Babbitt – Administrator, Federal Aviation Administration
The Honorable Richard L. Skinner – Inspector General, Department of Homeland Security
The Honorable Gordon S. Heddell – Inspector General, Department of Labor
The Honorable Hilda Solis – Secretary of Labor
Ms. Rebecca Anne Batts – Inspector General, Pension Benefit Guarantee Corporation
Tom Devine – Legal Director, Government Accountability Project
Danielle Brian – Executive Director, Project on Government Oversight
David Colapinto – Attorney, National Whistleblower Center
Jeffrey Grass – Attorney
Member of the Whistleblowing Airline Employees Association
*****************************
January 29, 2009 4204 Lakeside Way Newnan, Georgia 30265
Patrick P. O'Carroll – Inspector General Social Security Administration Office of the Inspector General Allegation Management and Fugitive Enforcement Division P.O. Box 17768 Baltimore, Maryland 21235
SUBJ: SOCIAL SECURITY DISABILITY FRAUD
Dear Mr. O'Carroll,
On January 26, 2009, I electronically filed a Social Security Disability Fraud report alleging the same with regard to my specific case. This correspondence merely serves as a vehicle for amplifying information with the below named copied individuals drawn into the communications loop.
On December 30, 2003, I allege that I was forced into a "medical? retirement as a B-777 captain at United Airlines as a result of prescribed medication that denied my medical certificate, which is required to fly commercial jet aircraft. As a consequence, and in consonance with obligatory provisions of the contract between United Airlines, Inc. and the Air Line Pilots Association (ALPA), I was required to file for Workman's Compensation and Social Security Disability Income (SSDI), which I did.
Because I was fully capable of performing work in other professions at the time, the Workman's Compensation application was promptly denied. The application process for SSDI was quite another story that spans the course of almost five years, which I would l like to expound upon since it specifically supports my alleged claims of SSDI fraud.
My disability income has been provided by United Airlines through the Metropolitan Life Insurance Company (MetLife), which contracted a company called Occudata, Inc. located in Mission, Kansas to handle the administrative processing of the SSDI application process. It should be noted that were SSDI awarded to me, I would not actually receive the monies until my actual "retirement date?, but would be used as an offset to defray financial outlays to me by MetLife, thereby reducing their costs and, I assume the insurance costs incurred by United Airlines, Inc. as described later. Additionally, the Occudata administrative costs, including legal fees, would be deducted from said monies with no direct costs incurred by me.
After undergoing extensive and costly medical examinations with SSA medical personnel, application was made for me by Occudata in March 2004 and on June 30, 2004 a determination was made that I was not entitled to receive SSDI. As per SSA regulations and my contractual obligation, a second application was promptly made. On June 6, 2005, a full year later, the second application was denied, and application was made to appeal the decision before an administrative law judge, per SSA regulations.
It must be noted that from the outset in talking with Occudata personnel, I repeatedly emphasized the fact that I felt that this entire process was a totally unnecessary waste of time, money, and effort for the U.S. government, Occudata, and myself. On each occasion I was advised that I was contractually obliged to comply with the requirements of this administrative process, even though I pointed out to them that I was a full-time student at Georgia State University in Atlanta majoring in psychology with a near straight-A average with the intent of seeking employment upon completion of degree requirements, since our pensions were decimated as a result of distress-termination during the United Airlines bankruptcy. These remarks fell on deaf ears.
On June 17, 2008, a full three years later, I was in receipt of a letter from Occudata advising me that a court date had been set for July 23 with the name of the Occudata-appointed/paid for attorney in Atlanta to represent "my interests? in the matter who would be in contact with me shortly before the hearing date to arrange a meeting to discuss matters. I was further advised that minimal input during the hearing would be required of me other than to answer basic questions the federal judge might ask of me. It was emphasized that I should allow the appointed attorney to handle the case, since he was experienced in these legal matters.
Please allow me to digress a bit in noting that throughout this process, besides emphatically stating that I would not allow Occudata or their attorney to misrepresent my interests in this matter, I consistently reminded them that I was a federal whistle blower in other matters and could ill afford legal complications that might result from an SSDI claim that was awarded by fraudulent means.
Additionally, in the fall of 2005 I had written senior-level management, including United CEO Glenn Tilton, advising them of my intent to be truthful under oath before the federal administrative law judge when presenting the details of my case surrounding my "medical? grounding. I was.
From November 2005 to present, I have spearheaded a grassroots effort named the Whistleblowing United Pilots Association that is somewhat of a misnomer in that it includes employees and retirees from all airlines across the nation and points abroad dedicated to exposition of white-collar criminality surrounding post-9/11 airline bankruptcies. The unpaid time and effort in this regard exceeded that of a normal full-time office job and involved engagement of federal law enforcement, congressional staff, mainstream media outlet personnel, and many others.
Continuing, on July 21st, I was phone-contacted by the Occudata attorney Alvin Cobb and agreed to a meeting at an Atlanta SSA briefing room one hour before the hearing. During this conversation, I asked him if he was familiar with all aspects of my case, including the fact that I was a federal whistle blower, which he acknowledged. I also told him that I was going to introduce as evidence of my ability to perform work, the massive correspondence associated with my "Whistleblowing United Pilots Assn? efforts, which was performed gratis. Additionally, I mailed the attached letter to Mr. Cobb, which was also introduced in my evidence file provided during the SSDI hearing.
At noon on July 23, I met with Mr. Cobb for the pre-arranged meeting in a SSA conference room outside the courtroom, during which time we reviewed my correspondence file and I advised him that to allow him to misrepresent my interests in this matter would be the pinnacle of deceit, fraud, and hypocrisy for me since I was already engaged in attempting to expose the same in other legal/political arenas. Since his legal duty in this matter was to win the legal appeal for SSDI, he appeared upset and nonplussed that I would take the unorthodox stance in claiming that I was not entitled to SSDI before a federal judge at an appeal for SSDI, which he reminded me, was the very reason for our being there. I was insistent on introducing my correspondence file as evidence at the hearing, after which time Mr. Cobb excused himself to discuss matters privately with the judge before the hearing began.
As you will note when reviewing the court transcripts, before I took the oath, I petitioned federal Judge F. Jefferson Hughes that I be permitted to digitally record the appeals proceedings, as I had brought a recorder for that very purpose. He assured me that I would be able to procure the same a few days after the hearing from the court recorder, which I did.
I will not expound on the details of what transpired during the hearing as your office can readily access this information, other than to note that it became blatantly obvious that Mr. Cobb was definitely not representing my best interests based on his commentary and the consequent debates that ensued between us during the hearing. So much so that Judge Hughes concluded the hearing with the remark “Counsel, do you have any closing arguments?” Additionally, Mr. Cobb introduced as evidence cherry-picked testimony from a health professional that I had not consulted since 2004, when I had been routinely consulting with others during the past five years who provided more recent and accurate testimony.
On November 12, 2008, almost five years since commencement of this process, fortunately for me, Judge Hughes rendered an „unfavorable? decision in denying my appeal for SSDI.
Subsequently, on December 19, 2008, I was in receipt of an Occudata letter advising me of their intent to file a request for review of Judge Hughes decision with the Appeals Council in Arlington, Virginia and that no further input on this matter would be required of me. This disturbed me greatly.
On July 25, 2008, I had read a New York Times article authored by investigative journalist Mary Williams-Walsh entitled, “Senate Asks 9 Insurers to Furnish Information” where it described the SSDI application backlog had been exacerbated greatly by employers that required employees to file frivolous SSDI claims to offset their insurance costs, as well as their contracted insurers, as it reduces their requirements for cash reserves, in addition to diminishment of outlays due to reimbursement through SSDI payments collected on the backs of U.S. taxpayers. It was in reading this article that I first realized that Senator Grassley, ranking member of the Senate Finance Committee, was currently investigating these issues.
As a result of this backlog, many poor people who do actually qualify for and are in need of SSDI must wait in line for the system to process their cases, which as in my case, could take five years as we observe the Social Security system plummet towards insolvency and potential extinction, whilst excessive executives compensation thrives. Retrospectively, I was most saddened to realize just how systemic and widespread this scheme was, in hindsight wishing that I had spoken out sooner. It is all so wrong in so many ways.
Additionally, in a follow-on October 3, 2008 New York Times article by Mary Williams-Walsh, “Disability Insurer Found Guilty of Social Security Fraud”, I noted that Unum the nation's largest disability insurer, had committed fraud in some cases by requiring customers to apply for Social Security benefits even though it knew they were not eligible. When I received Judge Hughes decision in December, which I thought was final until I recognized that there was still one more step in this process to bog the system down, never mind the alleged fraudulent activity that I observed throughout this process, I felt legally and morally compelled to speak out, which is why I submitted the electronic fraud report on January 26th.
I am at once angry and sad that this outrageous practice is allowed to persist and in realizing that Senator Grassley was investigating these matters, I contacted his office on this and other whistle blower matters. I am certain you share my sentiments concerning these egregious activities. With the U.S. economy on the fast-track to hell, those who sincerely are in dire need of these benefits should not be required to wait five years to receive them.
Early last year, on February 14, 2008, I filed a federal complaint with the Chicago Office of the FBI on other related matters and have copied this office on this correspondence for inclusion in my open file. Additionally, I intend to include the transcripts of my sworn testimony under oath during the SSDI appeal hearing before federal Judge Hughes, as issues discussed therein are most relevant and tangentially commensurate with legal and political objectives in this matter.
In addition to serving as a whistle blower on this matter, I have declared myself a federal whistle blower under the provisions of the FAA Whistleblower Protection Act and the Sarbanes-Oxley Act of 2002, neither of which have moved forward in the legal/political arena. It is hoped that a timely response to this correspondence will be received, as I have exposed myself with limited protections at present.
Yesterday, the attached letter was sent by the Government Accountability Project office to President Obama and select members of Congress petitioning their support for enhanced whistleblower protection legislation as an amendment to the Economic Stimulus package. You will note my name and our association listed toward the bottom of the alphabetized group list of signatories.
I have much available evidence and testimony to more than amply demonstrates the blatant fraud that occurred during my application process that is available upon request. While realizing that I could file a False Claims Act law suit in this matter that might potentially yield financial benefit to me, please be advised that I do not presently intend to do so, as I am presently encumbered by more pressing legal/political issues. More importantly, it was never my personal intent to derive financial benefit throughout this horrific ordeal, but to abide by federal aviation and other laws as is expected of pilots and the citizenry of this country.
I am confident that Senator Grassley's investigation, in concert with your efforts, that of the Government Accountability Project, as well as the continued superlative exposure of this corrupt debacle by New York Times investigative journalist Mary Williams-Walsh will successfully bring to a halt this corrupt and deceitful process that harms so many needy people to the enrichment of so few…on the financial backs of already cash-strapped U.S. taxpayers in a depressed economy. The House approved an $819-billion Economic Stimulus Bill yesterday. For this?
Our once-great nation is on financial life support. President Obama campaigned on a platform of hope for the future with a promise of openness in government to heal the nation?s financial wounds. Whistle blowing effectively supports his stated goals in this regard. It is my fervent hope and prayer that your efforts to expose this apparent white-collar corruption will augment the president?s agenda also.
Thank you for your consideration of my report. I will be patiently awaiting a response.
Very respectfully submitted,
Dan Hanley
Encl: Letter dated July 20, 2008 to Attorney Alvin Cobb Letter dated January 25, 2009 from the Government Accountability Project
Cc: Senator Charles Grassley – Ranking Member, Senate Finance Committee Senator Carl Levin – Chairman, Senate Permanent Subcommittee on Investigations Senator Patrick Leahy – Chairman, Senate Judiciary Committee Congressman John Conyers, Jr. – Chairman, House Judiciary Committee Congressman Henry Waxman – Chairman, Government Oversight Committee Rita Glavin – Acting Assistant Attorney General, Criminal Division Robert Mueller – FBI Director Patrick Fitzgerald – District Attorney for the Northern District of Illinois Robert Grant – Chicago FBI Special Agent-in-Charge Tom Devine – Government Accountability Project Legal Director Members of the Whistleblowing United Pilots Association
January 26, 2009 4204 Lakeside Way Newnan, Georgia 30265
Senator Charles Grassley Ranking Member – Senate Committee on Finance 219 Dirksen Senate Office Building Washington, DC 20510-6200
SUBJ: SOCIAL SECURITY DISABILITY FRAUD
Dear Senator Grassley,
I am a declared FAA and Sarbanes-Oxley federal whistle blower whose past rights have been denied on other matters, but this is not why I am writing you today. While recognizing your past heroic achievements in championing legislation designed to protect the rights of workers, while affording federal protection to those who dare speak out on alleged criminal wrongdoing in the workplace, it is for this reason that I solicit your support as a whistle blower regarding the above-named subject matter.
In December 2003, I allege that I was wrongfully terminated as a United Airlines B-777 captain through a "medical? retirement, which required prescribed medication that grounded me as a commercial airline captain. Subsequent to this event, I was contractually obliged to apply for Social Security Disability Income that would offset the expense incurred by MetLife in their payment of disability income to me. MetLife contracted a company in Mission, Kansas called Occudata, Inc. to administratively manage this application process at no expense to me throughout this process.
From the outset in January 2004, I explained to Occudata office personnel who managed my case that I was fully capable of working, but not as a pilot due to the loss of my medical certificate, which is required to fly aircraft. I further pointed out as just one example that I had returned to college at Georgia State University with a near straight-A average, which amply demonstrated my ability to perform office or some other type of work. Discounting my remarks, I was repeatedly reminded that I was contractually obliged to cooperate in this process, which I felt at the time and throughout the subsequent four years was a tremendous waste of time, energy, and money for all concerned, the Social Security Administration, Occudata, and myself, but nonetheless I complied.
After two application denials, I was advised that sometime in the future I would be required to appear before an administrative law judge in Atlanta to appeal the previous denials, but the Occudata-appointed attorney would represent my interest, with minimal involvement by me other than to answer basic questions the judge had regarding the case. I was further informed that due to the tremendous backlog of such cases, that it might take a few years for the case to appear on the docket, which it did.
Just prior to the July 23, 2008 appeal hearing, I was informed by Occudata of my appointed legal counsel, Mr. Alvin Cobb, who contacted me by phone to arrange a meeting before the hearing to discuss my case. Both during that phone conversation and the subsequent meeting before the hearing, I attempted to explain to Mr. Cobb that 1) I was fully capable of work, 2) that I would not allow him to misrepresent me during the hearing, and 3) that I was going to insist that the judge deny my SSDI, as I felt that my receipt of such would be in violation of federal law. I had also sent the enclosed letter to his office three days before the hearing to outline these very same issues.
On November 12, 2008, Administrative Law Judge F. Jefferson Hughes rendered an unfavorable decision in denying SSDI after hearing testimony in his courtroom during the SSDI hearing on July 23, 2008. I was able to procure a CD copy of the court transcripts that are available for review by your office staff if you so desire, which clearly demonstrates that Occudata attorney Alvin Cobb and Occudata were misrepresenting my case in this matter.
Subsequently, I have been informed by Occudata that my case will now move forward to the Appeals Council in Falls Church, Virginia for legal analysis of the judge's ruling, but that my input would not be considered. Based on what I know transpired during my appeals hearing, I am absolutely certain that MetLife and Occudata are defrauding the American taxpayers by dumping a portion of their insurance payments to me onto the Social Security Administration, which is already near insolvency.
It was only after reading New York Times investigative journalist Mary Williams-Walsh articles of July 2008 “Senate asks 9 Insurers to Furnish Information”, and October 2008 “Disability Insurer Found Guilty of Social Security Fraud” that I realized the systemic widespread nature of this corrupt process and that your office was currently investigating the same. I can only assume the apparent multi-billion dollar loss to the American taxpayer as a result of this fraudulent and deceptive practice. It is for these reasons that I am declaring myself a whistle blower in this matter regarding my specific case in hopes that it might augment your efforts in this regard.
Yesterday, I electronically filed an on-line fraud report with the Social Security Administration Inspector General, Patrick P. O?Carroll, Jr. and intend to follow up with a certified letter via the USPS.
As previously mentioned, the Federal Aviation Administration, the Department of Justice, and numerous congressional committees have failed to hear my petitions as a federal whistle blower on other matters in the past. It is my fervent hope and prayer that you respond to my input in this matter. Failure to do so would be a clear indication to me that the currently enacted whistleblower legislation designed to protect those individuals who have mustered the courage to speak out is not worth the paper it is written on.
As you well know, when an individual blows the whistle, he does so with the assumed assurance of protections. But if the processes and agencies designed to afford such protections and investigate such matters fail, then that individual has the one choice of attempting to hopefully blend back into his potentially-harmed position and reputation in the workplace untarnished, or the other to press forward with allegations of criminality. I chose the latter; over the past several years, the system has thus far failed me; my 28-year marriage, familial relationships, and chosen profession have been destroyed.
I am currently in contact with members of the Government Accountability Project (GAP) office in Washington, DC and my name appears toward the bottom of the enclosed letter that was delivered by this office yesterday to President Obama and others congressional leaders petitioning their support of enhanced whistleblower protection legislation. Additionally, on February 14, 2008, I filed a federal complaint with the office of the FBI in Chicago on related matters that is pending evidence and witness testimony, of which these issues play a relevant role. Also, I have been in contact with investigative journalist, forensic psychologists, and others throughout this ordeal.
Please feel free to have one of the members of your staff contact me at 678-463-4390 or danielhanley@bellsouth.net for amplifying information. Your attention and cooperation in this matter is greatly appreciated.
Very respectfully submitted,
Dan Hanley
Encl: Letter dated July 20, 2008 to Occudata Attorney Alvin Cobb GAP WPA Reconciliation letter dated January 25, 2009
Cc: Patrick Carroll – Social Security Administration Inspector General Calvin Scovel – Department of Transportation Inspector General Robert Grant – Chicago FBI Special Agent-in Charge Tom Devine – Government Accountability Project Legal Director Shanna Devine – Government Accountability Project Legislative Coordinator
******************************
May 25, 2009 4204 Lakeside Way Newnan, Georgia 30265
Ms. Charlotte Brown Legal Assistant Social Security Office of Disability Adjudication and Review 5107 Leesburg Pike Falls Church, Virginia 22041-3255
Dear Ms. Brown,
I am in receipt of the enclosed letter that I was copied on to Ms. Jacqueline Guidry of Occudata, Inc, the company that I am claiming has allegedly misrepresented my legal interests on MetLife’s behalf regarding my social security disability appeal as stated in my fraud claim to the Office of Inspector General of the Social Security Administration. As I mentioned in my last correspondence to your office, I have not been informed by Mr. O’Carroll’s office as to whether my fraud claims are being prosecuted by either his or Senator Grassley’s office staff, who has also been apprised of this alleged criminal wrongdoing.
I noted with interest in the attached letter that Occudata has requested an extension of time in processing my appeal, as I was not informed by your office or Occudata, that an original extension had even been requested, since I am not presently in contact with their office, given the legal circumstances. Please be advised that I have not apprised Occudata of the fact that I have filed a SSDI fraud report.
Subsequent to my SSDI appeal hearing before Judge F. Jefferson Hughes on July 23, 2008, the Occudata-appointed attorney Alvin Cobb and I had a discussion in the lobby of the building, wherein he informed me that Occudata, Inc. would appeal the Judge Hughes ruling to the next level with the Office of Adjudication and Review and that I wouldn’t be afforded an opportunity for legal input to this review, to which I advised him that I would not allow my legal interests and concerns to be misrepresented as I observed him do during the hearing that day. This is the reason that I filed the fraud report and also the very reason that I am writing your office today.
Hopefully you have had a chance to review the correspondence that I attached to a letter dated April 21, 2009 to Nathan Dickerson in your office, to which I did not receive a response from him. Because I am not being apprised of legal developments in this matter from Occudata, your office, the SSA IG office, or from Senator Grassley’s office, I can only pray that an investigation into legal improprieties is underway by someone.
Given my uninformed legal position in the above named matters, please be advised that if the Office of Adjudication and Review, after reviewing all available information and evidence pertaining to my case, were to grant me Social Security Disability Income, I intend to file a Qui Tam under seal to David E. Nahmias, United States Attorney of the Northern District of Georgia on this and other legal matters pertaining to my case. If, after sixty days, the Department of Justice chooses not to prosecute this case, I intend to legally prosecute this matter by other means in full accordance with civil and federal laws and have acquired Atlanta legal representation to do so.
It is not my intent to derive any financial benefit for myself in doing so, but to assist in exposing the SSDI corruption, as reported by New York Times investigative journalist Mary Williams-Walsh whom I phone-contacted in this matter several months ago for amplifying information after having read her two articles regarding an investigation currently underway by Senator Grassley’s office.
On two counts it would be the pinnacle of hypocrisy for me to accept disability income, which I am not entitled to. Firstly, I am fully capable of employment, as is exemplified by virtue of the fact that I am writing this letter to your office today. Additionally, I attended Georgia State University during the time frame 2004-2005 with a near straight-A GPA. Secondly, as you are hopefully aware, I am presently attempting to expose fraudulent activity in other areas of government and business and would find it morally disgraceful to wrongfully accept government monies that help to defray insurance costs by insurance companies that are thrust onto the backs of already overburdened tax payers in a depressed economy and government. It is illicit activities such as this that have caused, in part, our nation to teeter on the brink of bankruptcy.
In spite of the fact that most of my career pension earnings were decimated in the United Airlines bankruptcy process, which would surely give appropriate cause for my desire for SSDI, I refuse to wrongfully accept these monies. I would rather die a destitute homeless bum on the street, than be a party to an illicit and immoral scheme that deprives those who truly deserve SSDI, but are having to wait as long as five years for their claims to be processed due to the backlog of claims at taxpayers’ expense.
I am already repulsed by what illegally transpired during the United Airlines bankruptcy and the subsequent destruction of the financial lives of so many, never mind the personal ruination of my 35-year career in aviation, both as a United Airlines pilot and a U.S. Naval Aviator. I will refuse SSDI if awarded and will personally prosecute this matter to the fullest extent of the law.
Very respectfully,
Dan Hanley
Encl: Your letter to me dated May 13, 2009 My letter to Nathan Dickerson dated April 21, 2009
Cc: Mr. Patrick P. O’Carroll – Inspector General, Social Security Administration Mr. Glenn Fine, - Inspector General, Department of Justice Mr. Calvin L. Scovel III – Inspector General, Department of Transportation Mr. Gordon S. Heddell – Inspector General, Department of Labor Mr. Gene L. Dodaro – Comptroller of the United States Mr. Robert Graves – Senior Special Agent, Government Accountability Office Mr. Charles Young – Public Affairs, Government Accountability Office Mr. Robert Dawn – Congressional Relations, Government Accountability Office Senator Charles Grassley Senator Saxby Chambliss Senator Johnny Isakson Congressman Lynn Westmoreland Mr. Tom Devine – Legal Director, Government Accountability Project Ms. Mary Williams-Walsh – Investigative Journalist, New York Times Mr. Eric Lichtblau – Investigative Journalist, New York Times Mr. David Cay Johnston – Author and Pulitzer Prize winning investigative journalist Ms. Barbara Hollingsworth – Investigative Journalist, Washington Examiner Ms. Jan Scwartz, PhD - President, Forensic Fraud Research, Inc
