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Surveillance and Disability Benefits

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    Surveillance and Disability Benefits

    My apologies for the long post, but as we approach spring and begin to spend more time outside, it's important to consider who may be watching.

    In theory, surveillance is a good practice, whether by insurance companies or the Social Security Administration. If honestly undertaken and evenly reviewed, this can help prevent the fraud that burdens the benefit systems, raises costs for all, and gives individuals collecting disability 'a bad name.' Unfortunately, surveillance is often conducted in a 'gotcha' style, over brief periods of time, and without an understanding of the condition at issue. For MS patients, two condition factors are especially relevant in interpreting surveillance: (1) the daily ebb and flow of the condition, and (2) an understanding that some activity may be possible today, but at the cost of a recovery day tomorrow.

    Claimants often ask whether surveillance will be conducted during their disability claims and/or after they have been approved. The answers differ depending on the type of claim.

    Historically, Social Security has conducted a minimal amount of surveillance, and much of the surveillance conducted was in response to known issues (such as a specific doctor generating large volumes of fraudulent cases, or where the SSA received tips of potential fraud). Recently, however, there has been an increase in surveillance activity by the SSA, as well as discussion by congress and the executive branch about expanding the surveillance programs.

    In long term disability claims, surveillance has long been a tool used by the insurers to verify and/or attack claims.

    Surveillance can take various forms, but two are especially relevant for our purposes. First, there is traditional surveillance in the form of an unknown and occupied vehicle being parked near your home for an extended period of time. Should you see such a vehicle, I recommend the claimant not directly confront the occupant. Calling the police is an option, as a legitimate surveillance company will often notify the local authorities in advance. Alternatively, having a close friend approach the vehicle in a polite way to discuss the purpose of the visit is reasonable. Considering the volatility of these conversations - possibly occurring while on camera - I never recommend a claimant address the potential issue themselves.

    More problematic is the second form of surveillance, social media surveillance. In long term disability claim files, we regularly see hundreds of pages of Facebook posts. We also see unsupported conclusions reached by adjusters based upon benign social media posts. An image of a claimant on a golf course with friends results in a conclusion that they could walk and play a full 18 holes, or a picture of a person at a tailgate results in a conclusion that they could participate in a social gathering for an extended duration. The fact that the first claimant didn't golf, but rested in the clubhouse while their friends were on the course, and that the second claimant was sitting during most of the tailgate and didn't go to the game, were lost in these analyses.

    Please be aware of your social media postings, and how they can be interpreted. Furthermore, evaluate the benefits and risks of social media use, and assess whether any posting at all is worthwhile.

    Surveillance shouldn't cause you to stop living, as you do not have to be a vegetable to be approved for disability. It should, however, cause you to assess how your activities may be interpreted and be more aware of your surroundings.

    Good luck and happy springtime!
    Attorney Jamie R. Hall's practice is focused on assisting individuals with claims and appeals for Social Security Disability and Long Term Disability benefits. He has assisted claimants nationwide, approximately half of whom are MS patients, from his Pennsylvania and Ohio locations. **No attorney/client relationship is created by this communication, and information provided herein is not a substitute for formal advisement.**

    #2
    Wow! Thank you for this. I have seen on the news of this type of surveillance used for fraudulent claims, but I never put 2 and 2 together for those of us with MS and what it would means for those that have "invisible", yet debilitating symptoms.
    1st sx '89 Dx '99 w/RRMS - SP since 2010
    Administrator Message Boards/Moderator

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      #3
      Facebook is a specific and problematic source of surveillance. I'm a particularly bad instance (Facebook posts set to public, approving random friend requests, etc) but everyone should be aware that this could be going on, and yes, if your symptoms are "silent" they could lead to problems.

      It's also important to note for we "comorbid" folks that you could have been granted disability for one issue and are currently suffering from another less resolved illness. These types of illnesses might not always appear.

      https://www.nytimes.com/2019/03/10/u...-facebook.html

      All that said, thanks for posting about this problem.

      Comment


        #4
        Originally posted by TheMSLawyer View Post
        ... For MS patients, two condition factors are especially relevant in interpreting surveillance: (1) the daily ebb and flow of the condition, and (2) an understanding that some activity may be possible today, but at the cost of a recovery day tomorrow.

        ...
        Please be aware of your social media postings, and how they can be interpreted. Furthermore, evaluate the benefits and risks of social media use, and assess whether any posting at all is worthwhile.

        Surveillance shouldn't cause you to stop living, as you do not have to be a vegetable to be approved for disability. It should, however, cause you to assess how your activities may be interpreted and be more aware of your surroundings.

        Good luck and happy springtime!
        Thanks for the heads-up.
        ~ Faith
        MSWorld Volunteer -- Moderator since JUN2012
        (now a Mimibug)

        Symptoms began in JAN02
        - Dx with RRMS in OCT03, following 21 months of limbo, ruling out lots of other dx, and some "probable stroke" and "probable CNS" dx for awhile.
        - In 2008, I was back in limbo briefly, then re-dx w/ MS: JUL08
        .

        - Betaseron NOV03-AUG08; Copaxone20 SEPT08-APR15; Copaxone40 APR15-present
        - Began receiving SSDI / LTD NOV08. Not employed. I volunteer in my church and community.

        Comment


          #5
          I appreciate the warning. This has always worried me. Attending a social outing or football game is far different than sustaining full time employment.

          Towards the end of my career, I couldn't do these things, work was it. Since I stopped working, I can, depending on what else I am doing. So like others, I budget my time and energy if an event is coming up.

          It is upsetting to hear that while surveillance shouldn't control how we live our life, in reality, it can. If instances of a social outing can be used to terminate benefits, what are the options? I still do what I want - my husband always thought I was being paranoid though about this. I hope that it takes hundreds of posts and not a few a year to support terminating benefits.

          It is a fine line between being aware and letting the anxiety and fear control what activities I accept.

          I just pray that the combination of my long work history and my neuro's records indicating it is an issue of sustaining effort day in and day out is enough should it ever come to this. The federal judge who actually approved SSDI said he didn't expect me to live like a hermit, but if I am training and running a marathon, then it would be a problem. So I try to keep that balance in mind. He was a very fair and reasonable judge.

          On a lighter note, live on a small,one block, quiet street with 10 houses, all with driveways. Unless someone has company, noone ever in the street.
          Hard for a car to hide unnoticed!

          Thanks again for the post.
          Kathy
          DX 01/06, currently on Tysabri

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