In the digital age, social media platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) have become a part of daily life for many Canadians. These platforms serve as tools for connection, self-expression, and documentation of life’s moments. But when it comes to long-term disability (LTD) claims, social media can do more harm than good. Seemingly innocent posts may be misconstrued, taken out of context, or used against you by insurance companies looking to deny or terminate benefits.
If you are pursuing or receiving long-term disability benefits in Alberta, it is crucial to understand how your social media activity may impact your claim. Even if you believe you have nothing to hide, a single post or image can cast doubt on your credibility in the eyes of an insurance adjuster. The consequences can be serious and may jeopardize the financial support you need during a vulnerable time.
How Insurers Use Social Media in Disability Investigations
Insurance companies have significant financial incentives to minimize the number and duration of LTD claims they approve. In recent years, social media surveillance has become a common tactic used by insurers to gather information about claimants. Investigators may comb through your social media profiles, public photo albums, tagged posts, comments, and even the accounts of friends and family members to uncover evidence that contradicts your disability claim.
What might this look like in practice? A claimant who reports chronic back pain may share a picture from a family wedding, smiling and standing upright. Another might post a video from a camping trip, even if they mostly rested and needed assistance during the outing. Taken out of context, these snippets of your life can be presented as evidence that you are more physically capable than you claim. Insurance adjusters may use such posts to argue that your condition is exaggerated or that you are engaging in activities inconsistent with being disabled.
This form of surveillance is not illegal, particularly when the information is publicly available. And while insurers are not permitted to hack into private accounts, courts have increasingly accepted social media evidence as part of disability litigation. Claimants should assume that anything shared online, even in seemingly private or closed groups, could eventually find its way into an insurance file.
What Kind of Social Media Content Can Be Used Against You?
It’s important to understand that social media content doesn’t have to explicitly contradict your disability claim to raise red flags. Insurers look for inconsistencies, patterns, or anything that challenges the credibility of your reported symptoms. The types of content that often become problematic in LTD claims include:
- Photos or videos showing physical activity, travel, or socializing
- Status updates that appear upbeat or optimistic contradict reports of depression or anxiety
- Comments suggesting you are looking for work or engaging in side income activities
- Posts from friends or family that tag you in events or outings
Even humour, sarcasm, or irony can be misinterpreted. A joke about being “bored at home” or “sick of resting” might be spun to suggest you are exaggerating your limitations. Emotional tone is also scrutinized. If you’ve claimed that depression is keeping you from functioning day to day, but your social media presence appears cheerful and highly active, the insurer may argue that your condition is not as severe as reported.
Privacy Settings Don’t Guarantee Protection
Many claimants assume that strict privacy settings will shield their content from insurance investigators. Unfortunately, that’s not always the case. While privacy controls can limit who sees your posts, there are still ways insurers can access information. They may:
- View publicly available posts and images
- Access content shared by friends who have not enabled strict privacy settings
- Use private investigators who engage in social interactions online to gain access to non-public content
- Request or subpoena social media data in the course of litigation
Additionally, courts in Canada have occasionally ordered claimants to produce private social media content if it is relevant to the case. For example, in personal injury and disability cases, a judge may rule that private Facebook posts are discoverable if they relate to the claimant’s physical or emotional functioning.
The takeaway is clear: no social media content should be considered private during an LTD claim.
Managing Your Online Presence During an LTD Claim
When applying for or receiving LTD benefits, significantly limiting your social media activity is the safest course of action. This includes your posts and monitoring how others may tag, mention, or reference you online. Consider taking the following steps:
- Temporarily deactivate or limit the use of your social media accounts while your claim is active.
- Review and tighten your privacy settings across all platforms.
- Ask friends and family not to tag you in photos or posts.
- Avoid commenting on topics related to your health, work, or daily activities.
- Be mindful of the tone and content of any messages or updates you do choose to share.
Most importantly, if you are unsure about how your online presence may impact your claim, speak with your LTD lawyer before posting.
Legal Support Is Essential in Navigating Disability Claims
If your LTD claim has been denied or terminated based on social media evidence, or if you suspect your insurer is monitoring your online activity, it is essential to seek legal guidance. An experienced personal injury lawyer can assess whether the denial was based on valid grounds or on misinterpreted or irrelevant evidence. They can also advocate on your behalf during appeals and, if necessary, bring a claim against the insurer for wrongful denial.
In Alberta, LTD claimants are often up against large insurance companies with substantial legal resources. Having a lawyer on your side ensures that your voice is heard and that your rights are protected, especially when it comes to contested or surveillance-based claims.
Legal professionals can also help you understand what evidence is admissible and challenge unfair assumptions based on social media content. They may consult medical experts, witnesses, or even digital media professionals to explain the context behind online material.
LTD & Social Media: Think Before You Post
The intersection of social media and long-term disability claims is a growing area of concern for Alberta claimants. What you share online, intentionally or unintentionally, can have serious consequences. While it may seem unfair that insurers can draw broad conclusions from a single post or photo, it is the reality of today’s claims process. Vigilance, discretion, and professional legal support are key to protecting your benefits.
Cuming & Gillespie LLP: Experienced Personal Injury Lawyers For Long-Term Disability Claims and Denials
If you are considering applying for LTD benefits or your claim has been denied or challenged, contact the experienced Alberta personal injury lawyers at Cuming & Gillespie LLP. Our team understands insurers’ tactics and is committed to thoroughly investigating your injuries. Our process involves acquiring and scrutinizing your medical documentation, identifying top-tier medical specialists throughout North America, and developing the most compelling legal strategy for you. Contact us at 403-571-0555 or through our online form to schedule a consultation.