Let me pose a hypothetical situation. A woman is drawing Social Security disability benefits. She posts on Facebook: "Having a great time visiting Disneyworld with my grandchildren." Along with this she posts a photo taken of her and her grandchildren at Disneyworld. In the photo, she's smiling.
Does this hypothetical situation bother you? If so, why? Do you think the information given should trigger some sort of investigation? If so, what sort of investigation and why? Do you feel that you need more information in order to answer these questions? If so, why?
21 comments:
Just because you are on disability, your life doesn't stop. Your scenario brings up a few things to think about - Is she medicated so that she can tolerate her pain for the day? Is she forcing the smile because she is with her grandchildren? What is her disability? Is this her last vacation with her grandchildren because she is terminal?
We need to remember that receiving disability benefits doesn't mean a person lives under house arrest.
SSA personnel have been directed to avoid looking at social networking sites...situation will never come up.
However, obviously more questions shouled be asked. Rules should be changed to allow ALJs to confront claimants with such information. Give them a chance to explain what happened. But don't ignore it.
It depends on the disability and her age. If she is 55 or older, it is entirely likely that she was paid based on her age -- i.e., still perfectly capable of light work -- and therefore a trip to Disney with the grandchildren would be no big deal.
However, debilitating anxiety as the disability would raise questions. The same would be true if she was a grandmother in her late 30s (i.e., both her and her daughter started young), because she would have to be unable to do even sedentary work to qualify.
There is no requirement that an individual be "bed ridden " to receive a Social Security disability benefit. She is not engaging in substantial gainful activity and the issue of medical improvement would be captured by the medical review diary.
The woman in question paid her taxes and has received a determination of eligibility based a medical evidence. She retains the right to enjoy her life to the best of her ability.
Is it even really her? Is she actually in the midst of a nasty divorce and her soon-to-be ex fabricated the post and reported it to cause her problems as a retaliatory move? Just because it's on facebook doesn't mean it's a fact.
If she alleges that she spends 20 hours per day and never leaves the house because of extreme pain, it's relevant.
If she alleges that she can't tolerate being around strangers at all, it's relevant.
If there's a picture of her riding a violent roller coaster but she's alleging incapacitating back pain, it's relevant.
There are a million useful pieces of information that could be gleamed from social media. As long as the evidence is brought up at the hearing, and the claimant is permitted to explain why it shouldn't be used to attack her credibility, there should be nothng wrong with using it. The prohibition is bogus and will be revoked some day.
One needn't be a "basket case" to qualify for disability.
It depends on the impairment. My sister had cancer and initially responded well to treatment. We went to the state fair and had a great time. Shortly after, she had a relapse and within 3 months she was dead. She only lived a total of 8 months after her initial diagnosis. This could happen to anyone. Are you really willing to pay the taxes it would require to investigate all such activites?
Is she at Disneyworld 8 hours per day, five days per week, with only predetermined break times, for a sustained period of time?
Facebook is completely blocked in the FO, I wonder if it's even available to DDS or ODAR employees?
The now famous facebook picture of the NY former police officer on his jetski was actually taken before he went out on disability according to his attorney. If so then it would have zero relevence.
The last time I went to Disneyland in California with My relatives, except for when I had to transfer to a ride, I used an ECV while at the park, now that means any use of the Monorail is possibly out and the Train is out as I know for a fact it's is not currently ECV compatible, getting My own ECV doesn't seem practical for Me. For one I can't pay for it, I have no way to transport it, nor anywhere to store so that its safe from rain and/or theft or charge it at, besides the rental and deposit isn't much, but you have to get there really early as the supply is limited. Oh I get SSI and I'm severely disabled, the last time I went was in 2010 when I was about 50yrs old, I pay for all My bills and food as I did back then, so I don't see a problem with someone who gets SSI, it's like the first poster said, just cause one gets disabled doesn't mean that life ends and that one has to be shut-in within 4 walls(aka: a Prison Cell on death row), plus like another person said someone might not have long to live and might be expected to die, I'd rather not die alone. It's bad enough that H.R.1601 and H.R.3118 are not being voted in by Rep Dave Camp R-MI4 in the House Ways and Means Committee who has a poor record of supporting any Social Security related bill.
What a bogus scenario. Your bias is clearly showing Charles. That is not what the judge in the article was talking about and you know it.
"Is she at Disneyworld 8 hours per day, five days per week, with only predetermined break times, for a sustained period of time?"
Best thing I've read this month. :)
No, it would not bother me. If it came to me through a CDI unit, I might ask a gentle question about it, or not, depending on the nature of the impairment.
Facebook is also blocked at ODAR.
@9:34 - Good, I don't want my tax dollars paying for federal employees playing/posting on Facebook all day.
@12:48
"Good, I don't want my tax dollars paying for federal employees playing/posting on Facebook all day."
Sorry, they just use their smart phones for playing on facebook all day.
@2:42
And it's funny that they accuse ALJs and reps of being the lazy ones...
Totally irrelevant. Except maybe the point above about having anxiety or agoraphobia.
I had an ALJ deny a case because the claimant went bowling 1 time in 3 years while stating disability. ALJ was horrible and known for this.
Disability does not mean a person cannot do ANYTHING. It means they cannot perform work 8 hours per day, 5 days per week. Just nonsense.
So, exactly how does one cite to facebook?
@ 5:30...
I hope you are joking. It's just another tool to dicsuss credibility.
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