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Lund Law Carolina
Lund Law Carolina

Call Or Text Us Now For A Free Consultation

(704) 412-4773

Common Surveillance Tactics SSA Uses And How To Prepare

  • By: David H. Lund, Esq.

In this article, you will discover:

  • Why the Social Security Administration (SSA) would monitor you after denying your disability claim in the Carolinas
  • Whether SSA can legally photograph or record you in public during an investigation
  • Whether SSA hires private investigators for disability claims

Why Would The Social Security Administration (SSA) Monitor Someone After Denying Or Questioning A Disability Claim In The Carolinas?

Generally, during the initial filing process, the Social Security Administration will not send someone to monitor or investigate unless there’s an allegation of fraud or malingering, which entails making up symptoms to receive benefits. Investigation is rare and would generally only occur if a claim were continuing on appeal.

Can The SSA Review Or Track My Social Media Activity When Evaluating My Disability Benefits Application?

Any publicly available information can be viewed, at least at the initial and reconsideration levels. Once you’re in front of a judge, a judge can’t go out digging through social media without telling you and your attorney that they’re viewing this information, because we all have to know what information is being used in that decision-making process.

It’s uncommon for disability examiners to comb the internet looking for that kind of information. That said, claimants should still limit their social media to private accounts, even after approval.

The Office of the Inspector General can view anything public. If there’s an allegation of fraud or deceit in the application, they may find evidence of it on your social media account. For that reason, you want to avoid creating any trouble for yourself.

Is It Legal For SSA Investigators To Record Or Photograph Me In Public Spaces During An SSD Investigation?

Yes, if you’re in public, you can’t expect privacy. SSA investigators may make a recording.

Indeed, investigators may interact with others in public spaces regarding your disability claim. They may ask someone whether they’ve seen you and whether they’ve noticed any difficulties you might be having.

Does The SSA Ever Hire Private Investigators To Gather Evidence Against Disability Claimants?

SSA typically engages the state law enforcement agency to do investigations.

Notes From The Field: How Can Working With An Attorney Help Protect Me From Misjudged Surveillance Claims?

I get these questions regularly from clients: “Is someone going to be following me?” “Is it okay if I’m out in my yard?” “Can I go to events?”

Generally, I can provide some insight into what they might expect when Social Security is looking into their claim. For instance, with social media accounts, I advise them to avoid making public posts or, if they do, to avoid making statements that are against their interests.

Don’t post videos of you skiing, even if they were taken before your injury. Don’t post information that shows how frequently you’re out in public spaces or attending events. Media like that can work against you or be taken out of context if somebody’s reviewing your claim.

Still Have Questions? Ready To Get Started?

For more information on SSA surveillance tactics, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 412-4773 today.

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