The Office of the Counsel to the Inspector General (OCIG)
	About the Office    Programs    Performance Results

About the Office

OCIG's responsibilities include:

Providing independent authoritative legal advice, guidance and counsel to the IG and senior staff on legal issues; regulatory strategy; legislative proposals; and integration and interpretation of new and emerging authorities and Agency responsibilities under anticipated and current regulatory authorities.

Providing advice to the OIG on the legal issues being deliberated concerning relevant regulatory and procedural information and reviewing documents and other materials to ensure sufficiency and compliance with regulatory requirements.

Implementing the Civil Monetary Penalty (CMP) program, including imposition of penalties and assessments and the settlement and litigation of CMP cases.

Coordinating and drafting regulatory commentary on issues related to the OIG's mission and functions.

Programs

Pursuant to a delegation from the Commissioner of Social Security, the Office of Counsel to the Inspector General (OCIG) administers the Civil Monetary Penalty (CMP) program enforcement statutes. This authority allows OIG to impose CMPs against violators of sections 1129 and 1140 of the Social Security Act.

Section 1129 - A deterrent against program fraud and false statements.

Under section 1129 of the Social Security Act, and as authorized by the U.S. Attorney General pursuant to agreed procedures, civil monetary penalties may be imposed against individuals who make certain material false statements or omissions (after October 1, 1994) in order to receive initial or continuing benefits under the Social Security Act. The Commissioner of Social Security has delegated the authority to implement the civil monetary penalty program under section 1129 to the Inspector General. The Act allows OIG to impose a $5,000 penalty for each false statement in addition to an assessment of up to twice the amount of benefits paid because of the false statement.

Section 1140 - A consumer protection tool against misleading advertising.

Under section 1140 of the Social Security Act, civil monetary penalties may be imposed against entities that use SSA`s program words, letters, symbols, or emblems in advertisements, or other such communications in a manner that conveys the false impression that such items are approved, authorized, or endorsed by SSA. The Commissioner has delegated authority to implement the civil monetary penalty program under section 1140 to the Inspector General.

For a summary of recent CMP cases, please refer to the most recent OIG Semiannual Report.

Performance Results

Calendar Year 2008 Results from the Civil Monetary Penalties Program
Cases Received	2891
Cases Initiated	430
Cases Closed	1413
Penalties and Assessments	$6,407,861
Number of Hearings Requested	26