When it comes to your Massachusetts disability claim, what you post on social media could be used against you.
The New York Times is reporting Uncle Sam is taking an increasing interest in what those who are receiving federal assistance are posting to Facebook, Instagram, Twitter and other social media accounts. Social media evidence is increasingly making it into the courtroom. We tell all of our clients never to post anything to social media they would not be comfortable discussing in court. Avoiding social media is the best policy, although we recognize it as a lifeline for the injured and disabled.
As the American Bar Association reported last fall, the ubiquitous nature of social media has made it an unrivaled source of evidence in the courtroom. In many ways, the law is still catching up to today’s technology, with landmark decision being handed down on an almost monthly basis. Discovery and preservation of social media evidence also continues to evolve, but in the majority of cases where validity of the evidence can be proven it is being allowed into courtrooms, where it is having an outsized impact on judges and jurors.
Our Massachusetts disability lawyers know this will stoke the flames for those who continue to cite Social Security Disability fraud in their quest to reduce payments and cut benefits to our most vulnerable citizens. Sadly, by targeting social media use they are attacking what has become a vital lifeline for disabled adults. Dealing with the financial and physical consequences of a disability is difficult even for the most optimistic. But it’s the attendant isolation — away from the workplace, working through physical rehabilitation or often homebound for days or weeks at a time, social media is often the only thing social about the lives of those dealing with disability.