How Does The SSA Surveil You?

February 20, 2024

By Steve Fields
Principal Attorney

If you’re receiving Social Security Disability Insurance (SSDI) benefits or planning to apply, the Social Security Administration (SSA) may conduct surveillance to verify claims and identify discrepancies. However, the SSA may not conduct surveillance as frequently as private insurance companies do. 

The Social Security Administration may conduct surveillance in various ways. Common methods include direct investigation, monitoring social media, background checks, and video surveillance. 

This article explores the ways that the Social Security Administration employs to surveil Social Security disability benefit claimants. 

How Does The SSA Surveil You?

The Social Security Administration may choose to surveil you if they have reason to believe you are involved in illegal activity, such as fraud, or if they suspect you are no longer disabled. 

In most cases, they carry out a Continuing Disability Review. This procedure is used to verify whether there has been a medical improvement that might makes you ineligible for disability benefits. 

In order to complete a Continuing Disability Review, you must gather the necessary paperwork, medical records, and, in some cases, medical exams from a doctor designated by the Social Security Administration. 

In some cases, the SSA may not complete a continuing disability review and decide to surveil you instead. The methods that SSA employs to surveil claimants can include: 

Direct Observation 

The Social Security Administration may assign an investigator to observe you in public to determine if your condition has improved to the point that you are no longer disabled. 

The investigator might monitor you to determine if you’re capable of driving a car or if you require any special assistance in order to attend medical appointments. 

The SSA may get a report from the investigator regarding your ability to walk and how long you can sit or stand. 

Video Surveillance 

The SSA may use video surveillance in an effort to determine whether you are able to engage in activities that you have previously denied being able to undertake due to your condition.

This information could be used against you if you are captured on video lifting heavy objects, walking long distances, or engaging in any other strenuous physical activity. 

Social Media Monitoring 

The SSA may surveil your social media in order to identify any instances of disability fraud. This may involve examining your feed for any photographs, videos, or comments that indicate that you are no longer disabled. 

It is important to be careful of what you share online while you await a verdict on your disability claim or after receiving compensation. 

You might give the impression that your condition does not limit your activities by making posts related to shopping, vacationing, or attending social events. 

Home Visit

The SSA may send an investigator or advocate to visit your residence in order to conduct an investigation. They may pretend to be law enforcement authorities or detectives conducting an investigation into a complaint lodged by your neighbor or an instance of identity theft. 

The objective of the home visit is to monitor your medical condition, determine whether or not you require assistance to walk or carry out a variety of activities, and eventually write a report to the SSA regarding your disability. 

Investigating Friends and Family Members

The SSA may also speak with members of your family, neighbors, coworkers, friends, and employers. They will inquire about your condition thoroughly in order to collect data and statements that could contradict your claims. 

Background Check

The SSA may undertake a comprehensive criminal background check in order to prevent people who have been convicted of a crime from obtaining disability benefits. 

Undercover Surveillance

The SSA may use an agent to act undercover and surveil your activities to determine whether you really have a qualifying disability. 

Typically, when the SSA decides to start an investigation, they will have an investigator follow you at your consultative exam. The people who follow you are not police officers.

Why Does the SSA Surveil You?

The Social Security Administration may initiate a disability review if new medical evidence is discovered or if you return to work or refuse recommended treatments from your doctor. 

It is not common for the Social Security Administration to surveil claimants during reviews; however, they are more likely to consult with your physicians and may require that you undergo an examination. 

The Social Security Administration will not have any grounds to surveil your case beyond routine assessments if you have been honest about your medical condition. 

During your assessment, the Social Security Administration may monitor your activities if there is reason to believe you are exaggerating your present health status. It may also be considered reasonable for the SSA to investigate further if you have: 

  • Exaggerated your medical condition or symptoms
  • Lied about your job duties 
  • Were awarded benefits for a child who is not in your care 
  • Failed to report a beneficiary’s death and continued to collect payments from the Social Security Administration 

The Social Security Administration may monitor you while you are applying for or receiving benefits; however, this is not very likely. You shouldn’t be concerned about the SSA surveilling you if you are honest with them. 

Is it Legal for the SSA to Surveil?

The Social Security Administration does not undertake investigations as frequently as private insurance companies. However, they may initiate an SSDI review or surveillance if they get a report that a claimant isn’t disabled or doesn’t qualify for disability payments. 

The Social Security Administration can lawfully surveil anyone receiving disability benefits in most public and private settings. The purpose of these investigations or surveillance is to make sure that you comply with the rules and that you are qualified to receive disability benefits due to your condition.

However, the SSA is not permitted to engage in any illegal activities, including but not limited to trespassing, hacking computers, or bugging your phone. 

Conclusion 

Regardless of whether you are applying for SSDI or have already been granted benefits, it is essential to always remain truthful with the SSA about your medical and employment status. It is also important to exercise caution with regard to the materials that you publish on the internet, as these may give the wrong impression. 

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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