IS SOCIAL SECURITY WATCHING YOU ON FACEBOOK?


Earlier this year, the US Social Security Administration told US administrative law judges (ALJs) that they cannot use the internet to investigate disability claimants.  Senator Thomas Coburn (R-OK) responded by saying this ban removes a valuable tool to investigate fraudulent applications for disability benefits.

Sen. Coburn used this example, which I have paraphrased.  Suppose an ALJ looks up an applicant on Facebook.  There he finds pictures and discussion of the applicant playing sports or participating in his bowling league.  If the applicant has claimed severe back problems on his application, his credibility is suddenly called into question.

I caution my clients to stay off of Facebook and the social media and I believe that is still very good advice.  It remains probably the first place investigators look when trying to deny benefits (even for disability claims with private insurance companies).

Use common sense but don't become paranoid.  For example, it's normally all right to take a trip or a vacation.  You don't need to stop going to church or out to dinner occasionally.  Social Security usually does not follow people around to see what they are doing (unless they have been reported for fraud by a nosy neighbor, relative, former employer, etc.).

First and foremost, tell Social Security the truth.  If you don't qualify for disability benefits you should not falsify statements to make your application "stronger."  This seldom works anyway but it can cause a lot of problems.

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