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Evidence from social media can be admissible and is often seen in Social Security files. Often, the Insurance company will have reams of pages from social media accounts in the claim file. The court will definitely look at your social media history, especially in an ERISA Long-Term Disability Insurance Claim.
The insurance company will look at your social media history to see how physically active you are. Are your activities inconsistent with what you claim you can do?
I had a client who posted about trying to raise funds for an animal non-profit. Insurance company was looking to see if she engaged in activities outside of her disability because she claimed she was fatigued, couldn’t focus or concentrate due to autoimmune problems. They discovered she was raising funds for an activity of interest. This served as part of their reasoning for terminating her claim.
The insurance company will look to see if there are postings of you on a cruise, a vacation, hiking or performing various activities. In terms of the claim, those kinds of posts can be harmful, especially if you’re claiming you can’t do these types of activities or they conflict with the restrictions and limitations assigned by your provider.
Attorney Claudeth Henry is an experienced lawyer based in Ocala, FL, who has helped countless clients like you navigate the intricacies of disability law. With decades of experience in the practices of nursing and law, she is prepared to assist you in dealing with the potentially negative impact of social media on your disability claim so that it doesn’t threaten your claim’s credibility.
Still have questions? Ready to get started? Contact CJ Henry Law Firm, PLLC today to schedule a free initial consultation.
Insurance companies can monitor social media from the onset of the claim and after. In fact, insurance companies can monitor your special media activity at any time. They can also conduct online searches for your activities. I have a client now who was asked by the insurance company about an old business she had that they discovered online. Fortunately, she had documents showing the company was dissolved and no longer active.
If the posts are innocuous, you can explain the context. Example, the picture was taken two or three years ago. Also, just because you engaged in an activity once doesn’t mean you’re doing it all the time, despite what the insurance company claims.
You may put on a good face to go to a family gathering because everyone’s complaining that you never show up at anything anymore. At the party, someone captures a photo where you’re smiling. That doesn’t necessarily prove you go to parties all the time or that you’re always smiling.
Sometimes, it’s a matter of educating the court on the issue. If we know ahead of time that certain posts are going to come up, we can get your doctors to explain why you’re able to engage in a particular activity and why it wouldn’t impact the integrity of your claim.
For more information on the impact of social media on your disability claim Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (352) 577-7746 today.
Attorney Claudeth Henry is an experienced lawyer based in Ocala, FL, who has helped countless clients like you navigate the intricacies of disability law. With decades of experience in the practices of nursing and law, she is prepared to assist you in dealing with the potentially negative impact of social media on your disability claim so that it doesn’t threaten your claim’s credibility.
Still have questions? Ready to get started? Contact CJ Henry Law Firm, PLLC today to schedule a free initial consultation.