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JUDGES MAY REVIEW 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 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..."

There it is, in your face, and 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 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 can be used to deny a disability claim?

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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