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Does the SSA Use Undercover Surveillance to Substantiate My Claim?

Rushing Law Firm, PLLC July 16, 2024

Did you know that the insurance industry faces annual losses of up to $80 billion due to fraudulent claims? This statistic from the Coalition Against Insurance Fraud highlights the lengths to which insurance companies go to verify the legitimacy of disability claims.

If you receive disability benefits and notice someone following you, taking photographs, or monitoring your social media activity, it is not merely a figment of your imagination—insurance companies frequently use surveillance to ensure claims are legitimate.

At Rushing Law Firm, our attorney is committed to your success and providing you with thorough medical evidence and the required documentation for your disability claim. Should your benefits be denied or challenged due to surveillance, we are here to guide you through the administrative process to protect your rights and secure your benefits.  

Is Surveillance Legal? 

Under legal standards, insurance companies and the Social Security Administration have the authority to monitor your activities if you do not have a "reasonable expectation of privacy." This means that outside of private settings such as your home, business, or another private residence, you are susceptible to surveillance. 

Investigators can follow you anywhere, including public places like supermarkets, places of worship, nightclubs, restaurants, and other venues accessible to the general public. They can even track your vehicle once you leave your driveway and continue their surveillance on foot when you reach your destination. 

The primary objective of these investigators is to gather evidence that contradicts your disability claim. For instance, if you claim to be unable to lift due to a back injury but are seen dancing at a nightclub, this could jeopardize your case. Similarly, if you assert immobility but are observed jogging, such actions could be used to discredit your claim. 

Surveillance isn't limited to physical tracking; it extends to online activities as well. Investigators often scrutinize social media accounts for evidence that undermines your disability claim. A video or photo from a nightclub appearing on Facebook or other social platforms, whether posted by you or a friend, can be detrimental. Even seemingly innocent posts or comments can attract the suspicion of investigators. 

It's good to be aware of these surveillance tactics and take necessary precautions to protect the integrity of your disability claim. By being mindful of your activities and the potential for surveillance, you can better protect yourself.  

When Is Surveillance Considered Illegal?  

Surveillance becomes illegal if investigators follow you onto your private property or someone else’s private property. However, be cautious—investigators can visit your home as long as they announce their intention, which is to discuss your medical condition concerning your benefits claim. 

Investigators are also prohibited from hacking into your accounts of any kind or wiretapping your phones. Unlike the police or the FBI, they do not possess such powers. Their surveillance activities are confined to public spaces where you do not have a reasonable expectation of privacy. 

Common Surveillance Methods Used to Investigate Claims 

When it comes to investigating reports of fraudulent disability claims, the Social Security Administration employs a variety of surveillance methods. Below are some of the common techniques: 

  • Background Checks 

  • Undercover Surveillance 

  • Continued Monitoring 

  • Home Visits 

  • Social Media Scrutiny 

  • Interviews with Acquaintances 

All the information gathered through these methods is compiled into a comprehensive report and submitted to the SSA for review. If inconsistencies between your reported disability and observed activities are found, your benefits could be denied or terminated. 

How to Protect Yourself During a Disability Claim Investigation 

It is necessary to take proactive measures to protect your rights and make sure your claim is handled fairly. Below are key steps you can take to safeguard yourself during this process:

  • Regular Medical Visits: Make sure to visit your physician consistently to keep your medical records up to date. 

  • Adhere to Treatment Plans: Follow all treatment recommendations provided by your healthcare provider. 

  • Report Health Changes: Inform your medical provider about any minor changes or issues with your health. 

  • Restrict Home Access: Do not permit investigators to enter your home or property without proper authorization. 

  • Limit Social Media Activity: Either avoid posting on social media altogether or significantly reduce your online presence. 

  • Be Careful About What Information You Share: Request that family and friends refrain from sharing any information about you on social media or elsewhere. 

  • Stay Vigilant: Be aware of your surroundings and any unusual activities in your immediate environment. 

  • Contact Authorities: If you suspect you're being videotaped, stalked, or harassed, don't hesitate to call law enforcement. 

At Rushing Law Firm, we are here to provide legal knowledge and compassionate support every step of the way. Reach out to us today for the assistance you deserve.

Find the Guidance You Need  

If you suspect your disability benefits are at risk due to surveillance or other investigative actions, it’s necessary to understand that you have the right to contest any adverse findings or decisions. Instead of waiting passively for the outcome, take proactive steps by contacting us immediately. At the Rushing Law Firm, we will devise a strategy to protect and preserve your benefits.

For residents of El Dorado, Arkansas, and the neighboring areas of Camden, Magnolia, and Crossett, taking immediate action is necessary.  

Our lawyer is ready to protect your rights and seek the benefits you deserve. Don’t leave your future to chance—contact us today to get the support and guidance you need.