The potential impact of social media use on your disability claim

On Behalf of | Aug 30, 2022 | ERISA Disability Benefits

Social media provides you with a platform to share your thoughts, keep in touch with family and friends and engage in conversations.

While it may not seem like a big deal to post about work-related topics or your activities, if you are seeking disability benefits, what you post may be used against you. It’s important to remember that social media posts and conversations are considered evidence and discoverable in these cases.

Evidence that may be found on social media

Today, courts are more accepting of social media content as evidence in disability cases – both for and against you. There have been cases where someone claims an accident left them with mental and physical limitations. However, they then post pictures and statements about what they do each day that shows they are enjoying life. If this happens, there’s a good chance that a claim for disability benefits could be denied.

Public social media posts aren’t illegally obtained evidence

If someone finds posts on social media that show you are not disabled in the way you claim, it can be used as evidence against you in your case. Because of this, it’s imperative that you think carefully about what you post.

Deleting social media

It’s not a good idea to delete your social media accounts. The courts may view this as the destruction of evidence, which can have consequences when it comes to being awarded disability benefits. A better strategy is to avoid posting and ensure you can’t be tagged in friends’ posts while your case is active.

Protecting your rights to disability benefits

Securing disability benefits is challenging, even in the ideal situation. You need to take steps to protect your rights. It’s also crucial that you obtain some legal guidance.