ARE JUDGES VIEWING YOUR SOCIAL MEDIA?

Representatives have long warned our clients to be careful about what they post on Facebook and other social media sites.  I advise my disability clients to stay off the social media sites altogether.

On April 9, 2014 the House Oversight and Government Reform Subcommittee on Energy Policy, Health Care, and Entitlements held a hearing to examine the disability determination and adjudication process.  Chairman Jim Lankford (R-OK) and ranking member Jackie Spoeier (D-CA) told the committee that they had sent a list of recommendations to Carolyn Colvin, Acting Commissioner of the Social Security Administration.  One of the recommendations sent to Acting Commissioner Colvin was:

"The Social Security Administration should review each applicant's social media accounts before awarding benefits..."

To what purpose?  Obviously, Social Security wants to know what their claimants have been up to.  What type of activities are they engaged in?  What trips have they taken?  What are their hobbies, pass times and other activities? Where did they go on vacation last summer?  Is there any information on their social media posts that conflicts with what is stated on their disability application? 

While I support being truthful and honest with Social Security, I think a word to the warned is sufficient. Posting your vacation photos on Facebook can lead to serious misinterpretations at Social Security. Talking about attending your son's soccer games, for example, may give a less than accurate picture of your disability.  If you are applying for Social Security disability benefits stay off the social media.  Period. There is nothing private about it.  What you post there is open for the whole world to see.  It can and probably will come back to hurt you.

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