Cleveland woman sentenced to prison for taking Social Security benefits while her son was in county custody

A Cleveland woman was sentenced to six months incarceration for fraudulently receiving more than $35,000 in Social Security benefits, U.S. Attorney Carole S. Rendon said.

Andrea J. Smiley, 35, was previously found guilty of theft of government property. She was representative payee for her minor son who was receiving Social Security disability benefits. Smiley’s son was in the custody of the Cuyahoga County Department of Child and Family Services as of March 2011. She failed to notify the Social Security Administration that her son was no longer in her custody, according to court documents.

Smiley submitted four false annual reports that her son was living with her and that the benefits were used for his care.  From April 2011 through May 2015 the defendant fraudulently received and converted to her own use $35,279 in SSA benefits, according to court documents.

Smiley was ordered to repay that amount to the Social Security Administration.

This case was prosecuted by Special Assistant U.S Attorney Lisa J. Sanniti following an investigation by the Social Security’s Office of the Inspector General.