Managing Your Social Media When Applying for Disability

The popularity of social media apps like Facebook, Twitter (X), and TikTok continues to grow. According to Pew Research Center, frequent social media use is reported across all ages, genders, and races, with the average American adult spending an hour and a half daily on the top platforms. Lately it's become an accepted practice for employers to check the public social media accounts of applicants before making a job offer, so losing out on a work opportunity because of a controversial YouTube comment or racy Instagram photo is a real possibility.

But what about if you're applying for disability benefits from the Social Security Administration (SSA)? Are your social media posts grounds for denying a claim? If you already receive benefits, could they be used to prove you're no longer eligible? We asked a disability attorney to weigh in on when social media activity could be taken into consideration when deciding whether or not to approve a claim.

Does Social Security Look at My Posts When Reviewing My Disability Claim?

Not in the regular course of the disability determination process. However, if you're among those who post regularly, there are things you should keep in mind if you're seeking disability benefits from the SSA.

The SSA Can't Use Social Media Posts Against You in Most Cases

After you've submitted your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), your case will be reviewed by a claims examiner at your state's Disability Determination Services (DDS) agency. If you've been denied benefits initially or after reconsideration review, you can request a hearing before an administrative law judge.

In most instances, claims examiners, agency staff, and judges can't use social media platforms to gather information about you. And, if evidence from social media was obtained prior to your disability hearing, the judge won't consider it.

"A judge isn't allowed to look at your Facebook page before your hearing and ask you questions about what you post there, for example," says Diana Chaikin, J.D, Nolo legal editor and attorney with over 10 years of experience representing disability claimants.

But the SSA Can Look at Your Social Media in Fraud Investigations

The agency can, however, use social media to verify your claim for two reasons. First, if you're under investigation for disability fraud, a Cooperative Disability Investigations Unit (CDIU) officer might look at your social media to see if you're doing activities that aren't consistent with what you told the SSA.

For example, if your claim states that you can't walk even short distances, but you post recent photos of yourself hiking a mountain, the pictures can be included in a report. A claims examiner or judge could then use that information to deny your claim or stop any benefits you're already receiving.

Secondly, the SSA can include social media content in your file if you or your representative submitted the posts to the agency as part of your application—something that Chaikin advises against.

What the SSA Might Be Looking for on Social Media

If you do find yourself subject to a CDIU, the investigator may review your social media accounts for evidence that you aren't disabled. So if you're using your LinkedIn account to post your recent (or current) job titles, the SSA might suspect that you're earning enough to meet the threshold for substantial gainful activity, which could jeopardize your disability application. Or if you're alleging disability due to debilitating social anxiety but you're frequently uploading pictures to Instagram from crowded clubs, the agency will question whether your anxiety symptoms are as severe as you claim.

Advice for Using Social Media When Applying for Disability

While judges and disability examiners can't use what you post on social media to determine your case most of the time, some people simply have a natural curiosity and might check your social media accounts. If that happens, it could subconsciously bias them against you and play a role in their decision.

Social Media and Disability: The "Don'ts"

If you're applying for disability, you might want to limit your social media sharing. Claims examiners and judges are often local to where you live. You might even have mutual friends on social media. Your post could inadvertently show up on the feed of someone who decides your disability claim.

"You don't want a curious disability examiner scrolling through TikTok on their lunch break to see that you're partying every night, when your application says that you have overwhelming depression," Chaikin says.

While it's true that people with a disability might have good days and bad days, a photo can easily give the wrong impression. For example, a dad might be able to play catch with his son on one day and be in debilitating pain the next. A snapshot is just a moment in time but it could put you in an unfavorable light—and make the difference between a disability claim being approved or denied.

Social media "don'ts" include posting the following:

• photos of yourself doing illegal drugs
• your personal information, like your address or Social Security number
• recent photos or statements at odds with your disability claim that could lead to a fraud investigation, such as bragging about your marathon time if you've stated you have a back injury
• old photos of yourself doing activities that a current disability would make difficult or impossible to do, and
• any information about your disability claim.

Many people use social media to earn income or promote a home-based business. If that's true for you, make sure to report earnings from your business or side hustle—such as money you make over a ride-share app like Uber or Lyft—to the SSA. Failure to do so could have a negative effect on your claim.

Social Media and Disability: The "Dos"

It's not necessary to stop using social media altogether when you're applying for disability benefits. Many people with disabilities use social media platforms to find a community of people coping with similar conditions or to advocate for disability rights. If you choose to use social media, just be mindful about what you're sharing.

"Posting a picture of yourself at a birthday party or anniversary dinner once in a while probably won't hurt your claim even if you are under investigation for fraud," Chaikin says. "Living with a disability doesn't mean that you can't enjoy life." However, if you're continually documenting yourself doing a wide range of physical and social activities, checking in at multiple locations, or playing sports, this could be included in a CDIU report.

Here are some "dos" for using social media while filing a disability claim:

• change your settings to private so that not everyone can see photos or posts
• delete any posts or photos that could work against your claim, and
• review any photos your friends tag you in and ask them to untag you when necessary.

The more responsible you are about your social media posts, the less likely you'll face avoidable hurdles that can hurt your disability claim.

Will the SSA Change Its Social Media Policy Soon?

Chaikin says that the SSA has discussed evaluating how social media could be used by disability adjudicators to assess a disability claim. But the SSA hasn't moved in that direction yet, Chaikin adds.

"Personally, I've never seen any reference to social media when reading a denial from DDS and I've never heard a judge ask a question specifically about a post on Facebook, Twitter, Instagram, or TikTok," says Chaikin.

Chaikin doesn't think the existing policy will change anytime soon. One reason is that what's posted on social media is not always reality, and a questionable activity in a photo may not have occurred on the day the photo was posted. Checking social media is also unlikely to be added as an approval step because it could increase wait times for claim processing.

But whether or not the SSA expands its use of social media to evaluate claims, your best practice is to always think before you post.

Do I Need Help From a Disability Attorney?

Filing for disability benefits can be a frustrating and lengthy process. Getting help from an experienced disability attorney or advocate can double your likelihood of being approved. Your lawyer can help you avoid common mistakes that claimants make on their disability applications and deal with any potential loss of credibility that may be reflected by social media posts.

Disability lawyers work on contingency—meaning they don't get paid unless you win—so there's little, if any, upfront cost to you. Many also offer free consultations so you can "shop around" to find one near you who you feel comfortable working with.