As my readers know I try very hard to research or at least make an inquiry before posting information on Lindanee’s Blog which could be relied upon by others. Last week there were several posts including a link to a discussion as to whether SSA conducts surveillance when investigating SSDI applications.
Despite what some people might think, just because information about a subject can be found on the internet doesn’t necessarily mean it’s accurate.
I contacted an attorney SSDI specialist in my area and made an inquiry as to whether SSA conducts surveillance when investigating SSDI applications. His response was that SSA does NOT conduct surveillance and it’s just not done.
His response also explained there is no federal budget for surveillance and, in addition, Administrative Law Judges have an opportunity to question the applicant and have a great deal of latitude when making decisions. There is no reason to conduct surveillance at the federal level.
In thinking this issue through as a consultant it did not make sense to me that SSA would conduct surveillance since there is no “risk” issue and no “profitability” to be gained by denying entitlements. Eligibility criteria for SSDI, SSI and SSR is a matter of law.
Private disability insurers use surveillance as part of their “risk management activity” to find cause to deny claims for profit. This incentive is not evident at the federal entitlement level.
The attorney I contacted also cautioned as I frequently do that posting activities on Facebook is a very unwise action on the part of those who apply for private disability benefits. In fact, DCS, Inc. recommends insureds and claimants stay off of the internet entirely while receiving benefits from any source.
Therefore, the issue of whether SSA conducts surveillance has been resolved and applicants do not need to be fearful or stressed out looking for federal agents behind every bush. Relax. SSA does not conduct surveillance.
ADDENDUM JULY 2015
There is some evidence now suggesting that SSA does in fact conduct surveillance. There is no evidence that the agency conducts it across the board, but in cases of suspected fraud and suspicious claims, it does conduct surveillance. DCS recommends to all clients, claimants, insureds and those receiving SSDI that they always conduct their actions and business with honesty and integrity. Those who are honest in reporting their disability need not be concerned about SSA surveillance teams behind every bush.
You are the expert but I was told by another SSDI attorney SSA specifically made a rule that surveillance would not take place and even stated ALJ judges should not conduct surveillance. In cases of suspected fraud I can understand SSA might investigate the claim, however, I think as a general rule SSA surveillance does not take place.
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Linda – while surveillance by Social Security is not common to say it never happens is not true. I know that you are relying on third party advice but I just wanted to let you know that as a Social Security attorney I have encountered surveillance footage of a claimant at the Social Security hearing in front of the Administrative Law Judge. As I said, it’s not common, but it can happen.
In this particular incident it seems that someone contacted SS regarding my client and possible fraud. Prior to the hearing we were made aware that there was surveillance done. We were given a chance to watch the video prior to the hearing. Social Security scheduled the claimant for a consultative exam and he was videoed walking into and leaving the doctor office. The quality of the surveillance was pretty awful and for a short period of time the investigator was following a car that they claimed to be my client’s and it turned out to not even be his car.
Just wanted to let your readers know that although it’s very very uncommon, it can happen. In my experience it happened when fraud was alleged, that may be the only time that surveillance is done.
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