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| Brian C. Blase |
If you’re on federal disability payments and on social media, be careful what you post. Uncle Sam wants to watch.
The Trump administration has been quietly working on a proposal to use social media like Facebook and Twitter to help identify people who claim Social Security disability benefits without actually being disabled. If, for example, a person claimed benefits because of a back injury but was shown playing golf in a photograph posted on Facebook, that could be used as evidence that the injury was not disabling. ...
In its budget request to Congress last year, Social Security said it would study whether to expand the use of social media networks in disability determinations as a way to “increase program integrity and expedite the identification of fraud.”
Since then, administration officials said, the White House has been actively working with Social Security to flesh out the proposal, in the belief that social media could be a treasure trove of information about people who are applying for or receiving disability benefits.
Some members of Congress, like Senator James Lankford, Republican of Oklahoma, and some conservative organizations, like the Heritage Foundation in Washington, have supported the idea as part of a broader effort to prevent the payment of disability benefits to people who are able to work. ...
Brian C. Blase, a special assistant to the president for economic policy, has been coordinating development of the new proposals on Social Security. In 2014, Mr. Blase provided the staff work for a subcommittee investigation of the disability program led by Mr. Lankford, who was then a member of the House. Soon after he got to the Senate, Mr. Lankford proposed legislation to expand the use of “evidence obtained from publicly available social media.” ...
The Trump administration contends that it could authorize greater use of social media by regulation, without action by Congress. Under pressure from the White House, Social Security has drafted a timeline that envisions publication of a final rule in the spring of 2020.
Michael J. Astrue, the last Senate-confirmed Social Security commissioner, has expressed misgivings about the idea.
“Social media sites are not exactly clear and reliable evidence,” Mr. Astrue, who stepped down six years ago, said at a Senate hearing in 2012. “Facebook puts up phony websites under my name all the time.”
That, he said, is “why you need professionally trained fraud investigators” to evaluate the information. ...
The program has been “riddled with problems, including fraud and abuse,” said Rachel Greszler, a research fellow at the Heritage Foundation. When people who can work collect benefits, she said, “it drains the system for those who truly cannot work and support themselves.” ...
Social Security officials are considering other changes that could make it more difficult for people to qualify for benefits.
They are working with the White House to overhaul the way Social Security weighs various “vocational factors” — age, education and job experience — in deciding whether a person is able to work. ...
I think that if there is a specific allegation of fraud, then checking social media is a proper investigative tool and is probably being used by SSA OIG today. If someone is committing disability fraud and is stupid enough to post photo evidence on social media then they should be caught. However, a picture is not always worth a thousand words and a photo, in and of itself, may not constitute proof. I also think that for SSA to actively search for social media of all disability claimants, it would prove to be a costly waste of time and effort, rife with numerous errors.
ReplyDeleteSome ALJs and State Agencies have been doing this for years despite SSA's policy that they should not. I received an AC remand in case where social media posts were cited by the State Agency in the RFC assessment and the ALJ relied upon the opinion to deny benefits.
ReplyDeletePeople like Lankford use "fraud and abuse" as an excuse to not pay people. The golf example is one where context matters. What is diagnosis? Does the person walk , take cart, etc. What was the effect of attempting to play ? My grandfather loved playing golf , but it was so painfull for him. It literally increased his pain for days . But, he endured it occasionally because he loved it. On "a good day" for me , I tried yo play 9 holes on a beautiful Mother's Day . I took a couple of prescription pain pills, then again after a few holes . I was with 5 other family members , swung easy swings, sat while waiting ...It was a pretty miserable experience. I was in so much pain... for the next 8-10 days as well. If that makes you think I can work... Give me a job . Just don't expect much from me. Sometimes, giving your all doesn't amount to much.
ReplyDeleteHere is my take on this. If they are looking at an account which is open to the public, then fine. But if they circumvent Facebook security (as an example) to look at an account that it is locked down and not viewable to the public (only to existing friends) then that is a violation of the 4th Amendment.
ReplyDeleteI've seen Long Term Disability carriers use social media photos to deny claims. This practice is pathetic. In December of 2016 my client changed his Facebook photo to an old photo of he and his wife at a Saint Louis cardinals World Series game.The carrier said the claimant attended a world series game in December 2016.
ReplyDeleteNo MLB games are ever played in December and the cardinals were last in the world series in 2013.
CDIU investigators already do this. If SSA is going to routinely use this as an investigative technique, the claimant needs to be able to have the opportunity to respond any info that is obtained. Due process has not yet been done away with.
ReplyDeleteThe clicking sounds you are hearing are massive numbers of SSDI recipients deleting their Facebook accounts. LOL
ReplyDeleteIt is pretty easy, if you are on benefits for low back pain, don't post pics of your trip to Sturgis riding 1000 miles each way on your hardtail. Evidence is evidence, if you want the agency to take face value self reports of pain and fatigue you should have to make your FB and Insta available to the ALJ. Actions speak louder than words.
ReplyDeleteOf interest, this story is also running on Yahoo, go read the responses from Mr. and Mrs. America.
The reality is that Mr and Mrs America are going to get denied if they post anything to social media that doesn't involve them looking sad and in pain. Whatever is posted showing a few minutes of normal life will be declared evidence that the person is a no good faker.
ReplyDeleteThen they shouldn't post then should they, it is voluntary.
ReplyDeleteWorkers comp out here in California use this and much more. Their private investigators snoop on everything. But they have the backing of huge private insurance companies.
ReplyDeleteI am not totally against this. From my viewpoint as a disability advocate, it is not those trying to get disability that are scammers usually. It typically is those who are already on it, have gotten better, and stay on it. CDRs seem to be kind of a joke.
The same applies to many other welfare programs, such as AFDC, Section 8, TANF, etc. Those receiving aid probably needed it at one point but just stay on it for easy money.
This idea sounds totally ridiculous and unfair. Things can totally be blown out of proportion. And I don't think the one game of golf example is a good one.. a disabled person could load up on pain pills, play one game out of the year.. and spend a month recovering in bed afterwards.
ReplyDeleteSSA and OIG lack the resources to properly run down and analyze this kind of evidence in a non-adversarial and thorough manner, as indicated from examples in previous posts.
ReplyDeleteLet's say you've got someone alleging disability due to a back problem, pictured on facebook doing something that makes them appear they are more active than claimed. Will the ALJ, DDS worker, or OIG investigator stop to ask how long they were doing it for? How long they were laid up in bed afterwards? Whether the photo was even taken during the claimed period of disability? Will they even mention they are concerned about the picture to the claimant and give them an opportunity to explain before denying the claim? In my experience the answer, sadly is no to all the above questions in most claims. I'm not saying that to blame the individuals involved at SSA. The agency is underfunded and they are given extremely limited time and resources for each claim. The people who are making the social media proposal are the same ones who want to further cut agency funding, further eroding the agency's ability to develop evidence in claims. Considering those two facts together, it suggests that the people making the social media proposal have an agenda different from what they are saying.
Social media can be a blessing for many people with disabilities who are unable to get out and interact with people much due to their disability. It may be their only way to keep connected to friends and family. If you make them afraid of posting anything, because a bunch of creepy bureaucrats and investigators might be pawing through it in an adversarial manner, then that would just be sad.
@5:25 you are correct. In addition to severing the 5x weekly human interaction of work, the disabled should also sever their ties with their friends and family on social media lest someone misconstrue a photo in such a way that it costs them the benefits they are entitled to.
ReplyDeleteYour flip response is just symptomatic of the contempt this "Christian" nation has for the poor and the sick and I doubt you meant it to be that way but it is.
9:20 they have a choice of what to post don't they? If you are engaged in things that could be "misconstrued" when you are applying for or receiving tax payer funded benefits, then perhaps, just perhaps, you should not post pictures and stories that are contradictory to the things you are telling the government to get a check. It is their responsibility to be truthful, it is also their choice what to post. If they provide, willingly and voluntarily evidence that contradicts their claim to benefits it should be used against them.
ReplyDeleteFB is a choice, not a right. If you ch
By all means, hide your actions and evidence from the government to keep your checks and insurance. That is how great America is! All for one and more for me!!!
ReplyDeleteFB is a choice not a right.
ReplyDeleteI'm so tired of people worrying about 'waste' in the disability program and how it needs to be tightened. The vocational rules are strict now and need to be loosened rather than tightened. Waste and abuse is not worried about in the bloated military budget. SSA doesn't have the time or the resources to check folks' social media accounts to verify accurate information. That money could be spent on medical evaluations for those applying.
ReplyDeleteI have represented disability claimants since 1970 and have met two in that time who somehow qualified for benefits and were probably not disabled. They got on without a hearing, their cases were reviewed a few years later, and they were cut off. I have met many many people who were probably disabled and couldn't qualify.
1:38 Thank you so much!!! 2 people since 1970! I laughed so hard, I think I injured my back enough to be qualified. Thank you!
ReplyDeleteYou go 1:38! Why not throw more money to the IRS to investigate tax cheaters instead of going after disabled? Right now it is so hard to proof disability I would be amazed if investigators would find proof of fraud by looking at Facebook posts. After 30 years of practice I have seen few people who are on disability who I think should be working. In the last couple of years I have had to tell more and more people who should be on disability that a Judge has denied their case.
ReplyDeletepssttt...8:56 if they are committing fraud they are not disabled, so nobody is going after them! Disability should be difficult to prove you are saying that a person cannot do any job in the national economy. ANY job.
ReplyDelete@12:22PM Not to split hairs, but the claimant must be able to return to past relevant work or other work that exists in significant numbers in the national economy (either in the region where the claimant lives or in several regions in the country). Thus your statement about ANY job is inaccurate as it is not the standard used to adjudicate claims. If you worked with the Agency, you would surely know that. If not, you should educate yourself about what you speak before spouting off on the interwebs.
ReplyDelete12:22 PM. I think what 8:56 PM is saying is that a picture on Facebook needs context and trying to attach assumptions to a picture is problematic. Say you see a picture of a group at the Grand Canyon rim. Any person in the photo could have taken a scooter to it. On the other hand, a picture of someone at Delicate Arch (Arches NP) would be much harder to explain... Perhaps it was a "memory moment" from a time when the person was more mobile. Then again, maybe the person rode a mule to get to the location. None of these can be determined by looking at a photograph. Video might be more telling. While this is evidence, it certainly isn't proof. Furthermore, doctors say again and again and again, "You need to get more exercise! Yes, I know it is very difficult and painful for you to do... But, you need to try." So, the follow up question, "How did doing x effect you," and the answer given can be very important. After all, one of the factors in disability is sustainability.
ReplyDeleteHaving said that, I wouldn't recommend posting anything online. Clearly, the decision makers in SSA will use anything they can to deny people who are disabled. The truth seems to be irrelevant. Deny anyone they think they can justify! Comments on this and other sites show a clear bias against claimants!!!
@5:08
ReplyDeleteStructure of the main body of ALJ decisions denying claims, in many which I read,
-Insert approved template language to make it appear that some legal analysis was performed
-Cherry pick the record for any facts that appear unfavorable to the claimant regardless of relevance or context and insert into decision
-Cut and paste in short, conclusory justifications to discount the most obvious favorable evidence to the claimant, e.g. "not consistent with the record as a whole." No actual legal analysis necessary.
Throwing evidence from social media into that mix would enable the worst practices which are currently plaguing the system.
Jobs that exist in significant numbers in the national economy have not been updated since the early 1980's. If you are under 49 (or 44 and illiterate) you have to prove that you can't do unskilled bench work even though those jobs don't exist much anymore. An ALJ even told me that there was only one area of the country where such jobs exist, and it wasn't practical for one to move there for a minimum wage job. Supposedly, there are a million ticket checkers in US, but I'm 72 years old and have never met a ticket checker. Also, a vocational expert insisted that a cage job in the casino is sedentary which as it's actually performed at the casino, it's not sedentary. The vocational regulations are very strict. It was made more difficult when numbers in the state or regional economy were no longer considered.
ReplyDelete1 in 19 Americans are currently on disability, it cant be that hard to get on.
ReplyDeleteWhy snoop on social media when catch many by snooping golf courses or gyms.
ReplyDeleteI think I will start using Facebook to document my pain, etc. For example, my back is killing me right now... Feels like it is about to start spasms. My hands hurt, my soulders ache, etc. My eyes are bothering me, I am light-headed, IBS feels like it's about to hit, etc. I am depressed... In other words, another day ending in y.
ReplyDeleteToo many post will show that you are able to do data entry.
ReplyDelete9:35 AM. At a "competitive" level? Sure , I can input data... for awhile.. .Just don't expect me to do it well... or fast... oor long
ReplyDeleteLike if they show the so-called president spending nearly $100 million taxpayer dollars to play golf while shirking all responsibilities
ReplyDelete