The rise in popularity of social media platforms such as Facebook, Instagram and X (formerly Twitter) has had significant implications on Social Security disability benefits claims in recent years. The Social Security Administration, insurance companies, and legal professionals now often turn to social media platforms to gather evidence and information related to disability claims.
How can Social Media use impact a disability claim?
Social media posts, photos, and videos can provide valuable insights into an individual’s daily activities, hobbies, and overall lifestyle. This information may be used to assess the validity of disability benefits claims and determine if the claimant’s reported limitations align with their online presence.
However, the use of social media as evidence in disability benefits claims is not without controversy. Privacy concerns arise as personal information shared on social media platforms can be accessed by others, including insurance companies and their representatives. There are cases where innocent posts or images have been misconstrued and used against claimants, leading to claim denials or reduced benefits.
Are there any restrictions on how Social media can be used in evaluating disability?
Social Security specifically bars its adjudicators from using Social media and internet sources in adjudicating claims except in cases of potential fraud. This limitation is not in place for insurance companies which regularly use social media reports and surveillance to generate evidence against a claim.
Claimants should be cautious about what they share on social media, who they share it with, and consider the potential impact on their disability claims. It is advisable to review privacy settings and be mindful of the content posted, ensuring that it accurately reflects their limitations and conditions. This extends to family members and friends who may tag you in photos.
Social media has undoubtedly impacted disability benefits claims by providing additional avenues for gathering evidence. However, it is essential for claimants to navigate this landscape cautiously, considering privacy concerns and the potential for misinterpretation of social media content.
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Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on disability and social security benefits since 2005.
Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm’s veteran’s law practice and substantially grew the social security disability practice, focusing Bross & Frankel’s ability to fight for all of the disability benefits available to his clients.
Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.