True or False: Social Security will send a private investigator to follow you once you file a claim for disability benefits

If you are concerned that the Social Security Administration will send a private investigator to follow you around once you file an application for disability benefits you can relax.  It is not going to happen - the Social Security procedure manual does not provide for surveillance nor does SSA have the money or manpower to follow claimants around taking pictures or videos.

Social Security does have an investigative unit and if they are conducting an active investigation, they will use investigators to build a case for criminal prosecution.  However, most of these investigations arise from improper activities by physicians, SSA employees, or administrative law judges.

Recently, for example, there was a high profile case out of West Virginia where a high volume disability attorney, a sitting judge and a physician were indicted for committing fraud by conspiring to generate fees by getting a high number of cases approved.

In another case, a disability judge in Atlanta was investigated (and subsequently removed from the bench) for using government paid time to work a second job.

Social Security also prosecutes claimants who win disability benefits while working for cash “under the table.”  This type of investigation focuses almost exclusively on approved claimants who continue to collect cash benefits improperly.

Having been a practicing disability lawyer for over 20 years I have never seen an instance where SSA will send an investigator to follow someone who is in the middle of the disability application process.

I do advise my clients to take down (or set to private) any social media profiles they may have.  Facebook, LinkedIn, Instagram, Twitter and other social media networks often republish old photos and posts that can lead to misleading conclusions.  You should not assume that your judge or a hearing office staff person will not run a quick search online to see what comes up.

Finally, I will tell you that Social Security encourages members of the public to report allegations of fraud - see https://oig.ssa.gov/report-fraud-waste-or-abuse/fraud-waste-and-abuse.  I think we can all agree that real instances of fraud undermine the disability system and give support to politicians who use isolated cases of fraud as evidence that the entire system is riddled with corruption.

Over the years, I have seen several instances where an angry ex-wife or ex-husband has used the OID fraud report form to harass an ex-spouse.  Furthermore, neighbors and others with whom you come into contact may see you and think “he looks like he’s doing fine” without having any knowledge about your pain level or mental health status. Such a person may decide to make trouble for you if he/she discovers that you have applied for disability benefits.

The bottom line is this: your decision to seek Social Security disability benefits is no one’s business but your own.  There is no need to tell anyone outside your close family and friends that you are seeking disability.

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