"If you are applying for Social Security disability benefits stay off the social media."
As representatives, we have long
warned our clients to be careful about what they post on their social media sites. I advise my 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, then the 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..."
In the fiscal year 2020 Budget Overview, the Social Security Administration stated:
"In FY [fiscal year] 2019, we are evaluating how social media could be used by disability adjudicators in assessing the consistency and supportability of evidence in the case file."
There
it is--in black and white. The Congressional Oversight
Committee, the "boss" of the Social Security Commissioner, wants Social
Security to look at your social media accounts before they make a
decision about whether you are entitled to disability benefits or not. They admit it. It's not the theme of some movie or "conspiracy plot." They admit it.
To
what purpose? Obviously, Social Security wants to know what their
claimants have been up to. What type of activities are they engaged
in? Where do they go? What are their hobbies, pass times and other
activities? Is there any information on their social media posts that
conflicts with what is on their disability application? Is there anything that should be used to deny a disability claim?
Social media is PUBLIC media. A lot of social media posts get viewed more than the news on your local TV station. It's public, it's out there, people read it. So can Social Security!
While
I support being truthful and honest with Social Security, I think a
word to the warned is sufficient. 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 be used against you. And you
may never even know it.
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