Today’s post comes from guest author Laurel Anderson, from Causey Law Firm.

     Facebook, Twitter, YouTube, LinkedIn, Pinterest, Instagram and other wildly popular social media websites have transformed how people both connect with each other and obtain information about other people. It has also created a change in the legal arena. For our clients who are currently applying for or receiving workers’ comp time loss benefits, or Social Security Disability Insurance (SSDI) benefits, our advice is to keep in mind the importance of privacy settings for both written information and photos on their individual accounts. While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.

While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.

     From our experience, you can now assume that claims managers, employers, and defense attorneys will search for information on the internet regarding your personal life that can impact your claim for benefits. Please make sure that any outdated information regarding your activities is removed from your personal page. Do not use social media to vent about your employer or state agencies that are the decision-makers in your claim. You may be under the impression that only your friends can see your personal page, and that you have some right to privacy. However, be aware that all of the content on your walls, including photos and instant messaging, could be potentially discoverable by your employer or opposing counsel in a litigated case if the content is relevant to your claim for benefits.

     The risk is somewhat less in the SSDI arena since there actually is an agency directive to ALJs and DDS adjudicators that they are not to use social media to research claimants. We nevertheless warn our SSDI clients concerning social media, as we are not convinced that agency people are always playing by the rules, or that those rules may not soon change.

Photo credit: lindes / Foter / CC BY-NC-SA

When applying for disability benefits, keep in mind that decision-makers at administrative agencies, insurance carriers or their representatives may look up information about you on the internet and/or they may call you and hear your voice mail recording.

By applying for benefits, you are stating that you are sick/injured and are unable to work or only able to perform part-time or intermittent work. Information available on the internet or your voice mail recording that appears to contradict your application for benefits can result in your being turned down for those benefits. This could be information about your professional or personal accomplishments, a home-based business, or even volunteer activities, which may be no longer current or may not accurately reflect your level of functioning since you applied for benefits. THUS, WE ADVISE OUR CLIENTS TO REMOVE SUCH OUT-DATED INFORMATION FROM THEIR FACEBOOK PAGE, TWITTER PAGE, VOICE MAIL, ETC…

With regard to Facebook and similar social networking sites in particular, pay attention to your privacy settings for both written information and photos. Also, keep in mind that not all of one’s friends and acquaintances may be equally supportive of the notion that one is applying for benefits, especially those who are not entirely familiar with the medical problem or problems that are preventing you from working. We suggest that you think twice before sharing information about your medical condition, application for benefits and/or appeal status in such an internet forum.