Social Media and Disability Claims: Dos and Don'ts From an Attorney

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 Don'ts

If you're applying for disability, you might want to limit your social media sharing. Claims examiners and judges are sometimes 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 Facebook on their lunch break to see you're partying every night, when your application says that you have overwhelming social anxiety," 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:

• photos of yourself doing illegal drugs
• your personal information, like address or Social Security number
• recent photos or statements that are at odds with your claim for disability 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 your home business or side hustle earnings to the SSA. Failure to do so could have a negative effect on your claim.

Social Media and Disability 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 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 absolute 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.