CAN SOCIAL SECURITY SPY ON YOU? OF COURSE THEY CAN!

"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.

To what end? Obviously, Social Security wants to see what you're up to. What kind of activities are you involved in? Is there social media evidence that your activities are not consistent with what a disabled person would be doing? Is there something on your Facebook, Twitter or Instagram account that should be used to deny your benefits?

I support being open and honest with Social Security. I do not condone false or misleading statements. However, it is easy for social media posts to be misunderstood, taken out of context or made to mean more than they do. If you are applying for disability benefits, do not post on social media--which is very, very public media.