Why Should I Avoid Social Media During My LTD Case?

social media ltd case

Today, around seventy percent of the United States population uses some kind of social media website to connect with their friends and share updates about their lives. Consequently, users have the ability to relay vast amounts of information about themselves to others. Experts advise social media users to exercise extreme caution, especially when they are currently involved in the claims process, including long term disability (LTD) benefits cases. For more information on why you should avoid social media during your LTD case, please continue reading, then contact one of our experienced long term disability representation attorneys today. Some reasons you should avoid social media during your LTD case include:

Your content may contradict your testimony

You should expect that your insurance company can and will use everything at its disposal to discredit your case. Without realizing it, your posts may damage your claim. For instance, if you claim that you have a broken arm, but you post on social media that you are going bowling, your insurance company will challenge your injuries. When you make an LTD claim, you must always be completely honest about your injuries and losses.

Your check-ins betray you

Check-ins on Facebook, Foursquare and other sites can show that you are participating in activities that contradict the injuries you are claiming. For instance, you should not check in at your weekly yoga class if you are claiming you have limited mobility. Furthermore, location posts can count as evidence against you.

Damaging comments from family and friends

Even the content that witnesses post on social media can hurt your case. They might contradict your claims about your injuries, or make statements about how much money you want to receive for your disability. Besides painting you in a bad light, these things can damage your evidence in the case.

Social media posts are admissible as evidence

While social media posts are not automatically admissible as evidence, the court may render them admissible if it determines the posts follow your state’s Rules of Evidence. Typically, courts categorize out-of-court statements as inadmissible hearsay. However, they routinely make exceptions for the statements of a party. When you are bringing an LTD claim, your statements to others outside of court are admissible against you because you are a party to the case. In that scenario, the court will count your social media posts as statements. They may also admit statements by family and friends on social media if they contradict the same person’s testimony in court.

Complete privacy is a myth

Even if you make your account private, your insurance company may ask your friends to give them the information voluntarily or they may take advantage of your state’s Discovery Rules. With a court order, your insurance company may have access to your entire social media history.

If this seems daunting, speak with one of our skilled long term disability insurance attorneys as soon as possible.

Contact our experienced nationwide firm

If you or someone you know is looking to receive long term disability benefits, contact Walker & Hern for a free consultation.

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