ERISA LAW BLOG

Today’s world is dominated by social media.  Many clients do not realize, however, that social media can have an adverse effect on a short term/long term disability claim.  There has been an increasing trend by insurance companies to use social media, in part, to deny an individual’s disability claim.  It is an important trend that clients need to be aware of.

In one of my recent cases, the insurance company used the client’s social media pages to deny his claim asserting that his reported activity restrictions were inconsistent with the level of activity shown on his social media pages.  The insurance company stated that the level of activity shown on the social media pages demonstrated that the client should be able to maintain full-time employment on some level.  In that case, the social media activity had a negative impact on his case.

If you are an individual who has or anticipates having a short term/long term disability claim, it is important that you pay close attention to your social media accounts.  Even if your page is private, there is a possibility that the insurance company can access your page.  It may not be a bad idea to disable your social media accounts entirely.  If you make the decision to stay on social media, be cautious of what you post and where you “check in.”  While a post may be while you are having a “good day” where your disability is not incapacitating you, the claims person at the insurance company who is reviewing at your social media posts does not know that.  All the claims person sees is a claimant performing activities that are inconsistent with their reported restrictions without the surrounding context.   You do not want social media to be the reason that your claim for short term/long term disability benefits is denied.

If you have a denied short term or long term disability claim, please do not hesitate to contact me at 864-242-6200 or llouzri@fosterfoster.com.

Read more about Do I Need An Attorney to Appeal the Denial of My Disability Benefits?