Generally, when adjudicating a claim, staff and adjudicators may not rely on information from the Internet that has not been corroborated by a Cooperative Disability Investigations Unit (CDIU). Further, entering an individual's personally identifiable information (PII) in an Internet search engine or social media network may compromise the confidentiality of PII. The responsibility to protect PII within an employee's control applies at all times, regardless of whether the employee is at an official duty station, another official work location, an alternate duty station, or off duty. This policy applies whether the individual is using a computer or personal device such as a smartphone. ...
The AC [Appeals Council] will also consider whether a referral to the Office of the Chief Administrative Law Judge (OCALJ) may be appropriate. ...
However, another new transmittal, this one to HALLEX I-2-5-69, says that "While it is acceptable to verify inmate information on the Internet, it is
not acceptable for an ALJ to instigate an independent investigation of a
claimant's criminal history on the Internet." Does this mean that an adjudicator can verify that the claimant is a current inmate but not that he or she is a former inmate?
10 comments:
So I am guessing that the 30 plus pages of local criminal court charges that SSA stuck in my client's file after printing them off from the county court website probably shouldn't be in the file?
Social media websites are not accessible from field office computers, but that does not stop people from using smartphones to get info.
@ 4:50.
The policy prevents using a search engine and social media. I don't see any discussion prohibiting going to a prisoner database.
Not to mention that past criminal conduct will likely be part of the discussion at the hearing.
Does this mean that an adjudicator can verify that the claimant is a current inmate but not that he or she is a former inmate?
Right - current inmate means you are trying to figure out a convict's address or ability to appear for a hearing; former inmate has no bearing on either
quite often there are prior med recs already in Exhibit F from one (or more) correctional institution.
Isn't it possible that these records may be material for non-medical reasons in the event that retro benefits are awarded (e.g. retro periods of felony suspension or in the case of SSI, non-payment while institutionalized?)
If an Internet social sites and database sites are not routinely checked as part of the development of the record at each stage can it be said, today, that the record was fully developed by SSA?
Ambush use at the SSA hearing by an unfriendly ALJ can be a problem and how to introduce such evidence into the record can have problems, even under the relaxed evidentiary rules of administrative law.
There is a problem with court jury members do independent Internet searches.
"Peaking"? How about "peeking".
SSA already has databases and queries such as PUPS that indicate if a claimant has been incarcerated in the past.
The problem is, when they don't show up at a hearing, you have to do "due diligence" to find them, and that includes looking in the jails.
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