ANYTHING YOU SAY ON TWITTER CAN AND WILL BE USED AGAINST YOU.....

As the New York Times is reporting, what appears on Twitter, Facebook, Instagram and other social media platforms is frequently making its way into court. This is true in Social Security disability cases, especially. With the popularity of social media, I think we often forget that these media are not private; they are very, very public.

We counsel our clients not to post anything on social media that you would not be comfortable talking about in court.

The SSA's disability investigations units and the Office of the Inspector General use social media posts to flag fraudulent activity. And judges use them to weigh who qualifies for a benefit.

Social Security disability cases revolve around your ability to function, whether physically or mentally. And most of what we post on social media tells tales about our ability to function--even when we don't realize it. We talk about family activities, kids, trips, hobbies, events, sports--even simple things like a vacation, a recent trip, or going to a movie. Why would these things interest a judge?

Just your ability to use social media may imply that you are able to think, reason, remember, type, communicate, socialize, concentrate...and so much more. If you claim a disability based on a mental disorder...depression, anxiety, phobia, bipolar, PTSD, trouble concentrating, poor memory.... then the mere frequent use of social media can hurt the credibility of your allegations.

Your vacation in Hawaii or even in Gulf Shores, may signal that you are not as limited in your functional ability as you say you are. After all, you may imply that you were able to sit in an automobile or airplane for hours to make the trip. And it is assumed that a lot of standing and walking were involved in your vacation activities. You may be painting a picture that you're really pretty functional--and may be able to perform light work. If so, you are not legally disabled.

If you brag about your kid's team winning a ballgame or tournament--or complain about losing one--a judge may infer that your ability to attend ballgames is counter indicative of disability: if you're able to attend ballgames, you are able to do some type of simple work (they think).

As the familiar Miranda warning says, "Anything you say can and will be used against you in a court of law."

Judges see Social Security disability cases as big money. It's not the nickle-and=dime award that may come to your mind when you consider an award of, say, $1500 a month. If you start getting this benefit when you are 50 years old, it can amount to over $500,000 during your lifetime, not counting extra benefits such as dependent's benefits or Medicare. Add those, and you could be looking at a one million dollar payout over time. It's big money to the government and they will put their skeptical eye on it closely and earnestly before agreeing to the payout.

I'm not suggesting that you be dishonest or deceptive. But everything we do has an interpretation that goes along with it. The interpretation may be right or it may be wrong. It may be fair or unfair. But it's there and it's hard to overcome. Once an impression is made you can't take it back.

If you have filed for Social Security disability or you are thinking about it, be careful what informal "evidence" you post on Facebook, Instagram or Twitter. The best advice may simply be: just stay off social media. Big Brother can see every word and view every photo. And it's legal, even encouraged. Its not the exception, it's the rule.

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