• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

National Disability Law Firm | Ortiz Law Firm

We appeal wrongful long term disability insurance and Social Security Disability denials.

  • ABOUT US
    • Our Team
    • Our Results
    • Areas We Serve
    • Core Values
  • PRACTICE AREAS
    • Initial Application
    • Request for Reconsideration
    • Hearing Before an Administrative Law Judge
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your Social Security Disability Claim
    • Physical RFC Form
    • Mental RFC Form
  • BLOG
  • Search
  • CONTACT
  • ABOUT US
    • Our Team
      • Nick Ortiz
      • Jessica Ortiz
      • Dawn Keller
      • Tory Nelson
      • Sarah Palag
    • Core Values
    • Our Results
      • Why Choose Ortiz Law Firm
      • What Our Clients Say
      • Testimonials
  • PRACTICE AREAS
    • Long Term Disability Claims
      • Administrative Appeals
      • Lawsuits
      • Lump-Sum Settlement Offers
      • Qualifying Conditions
      • Disability Insurance Companies
      • Qualifying Occupations
      • Case Summary Archives
      • FAQs
    • Social Security Disability Claims
      • Initial Application
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
      • Qualifying Conditions
      • FAQs
    • Personal Injury Claims
      • Car Accident Claims in Pensacola, Florida
      • Bicycle Accident Claims in Pensacola, Florida
      • Motorcycle Accident Claims in Pensacola, Florida
      • Truck Accident Claims in Pensacola, Florida
      • Slip & Fall
      • Insurance Companies
      • FAQs
  • AREAS WE SERVE
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your LTD Claim
    • Top 10 Mistakes That Will Destroy Your SSD Claim
    • Lump Sum Disability Settlement Calculator
    • Physical Residual Functional Capacity Form
    • Mental Residual Functional Capacity Form
    • Ultimate LTD Appeal Checklist
    • LTD Case Study: Fibromyalgia
    • Top 10 Mistakes That Will Destroy Your FL Car Accident Claim
  • BLOG
    • Long Term Disability
      • Eligibility for Long Term Disability Claims
      • Medical Eligibility for Long Term Disability Claims
      • Your Chances of Getting Approved for Disability Benefits
      • Long Term Disability Denials and Appeals
      • Additional Parts Of A Claim That Do Not Happen in Every Case
    • Social Security Disability
    • Personal Injury
  • REFER A CASE
  • Search
  • CONTACT

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(888) 321-8131

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Surveillance by the Social Security Administration

July 20, 2020 //  by Dawn Keller//  Leave a Comment

It doesn’t happen very often, but every now and again a claimant will ask me if the Social Security Administration conducts surveillance to use against the claimant in processing continuing disability review (“CDR”) claims. Up until this weekend, I would have said, “No. Although possible, I have never heard of Social Security conducting an investigation and using surveillance video against claimants.” However, that is all about to change. Effective November 23, 2012, the Social Security Administration issued Transmittal No. 09, 11/2012, “Procedures for Special Cases and Handling” in Subchapter 25 of Chapter 330 (Disability Hearing Unit Procedures) in the PROGRAM OPERATIONS MANUAL SYSTEM (POMS). The long and short is that Social Security may start using video surveillance against claimants in CDR hearings. The Office of Disability Programs states it added this section to provide guidance on processing continuing disability review (CDR) Disability Hearing Unit (DHU) cases with a Cooperative Disability Investigations Unit (CDIU) report of investigation (ROI) in the file. Its guidance focuses on the identification, treatment, and resolution of issues with using a CDIU ROI in the CDR decision. These reports contain sensitive law enforcement material and may be used in the claims adjudication process. POMS DI 33025 TN 09 provides an explanation of consideration of the CDIU ROI in the Disability Hearing Officer (DHO) decision.

A Cooperative Disability Investigations Unit Report of Investigation (CDIU ROI) may include video surveillance in addition to copies of school and/or employment records. Most of an ROI will be a report of third party interviews by highly skilled interviewers. The hearing officer will consider the reports, weighed with the totality of the evidence, to evaluate and determine whether, and the extent to which other evidence supports the reports. The ROI helps the adjudicator evaluate the credibility of a claimant’s statements: “Surveillance information in both video and narrative form can provide snapshots of a claimant’s observed functional ability. We consider this information with all the other evidence to reach conclusions about the claimant’s medical impairment(s) and, material to the determination of whether the claimant is disabled, if the claimant is able to work on a sustained basis.”

The newly-issued POMS even provides a sample sentence of how an investigative report may be used to deny a claim: “The record in this case contains a report of investigation by the Social Security Administration’s Office of the Inspector General. According to the report, investigators observed you performing activities inconsistent with your alleged disability.”

Facebook0Tweet0Pin0LinkedIn0Print0Email0

Category: Social Security Disability

Recent Posts

  • How to Write a Long Term Disability Appeal Letter & Why Most Appeals Suck
  • How to Improve Your Chances of Getting Disability
  • Own Occupation vs. Any Occupation: What’s The Difference?
  • An Independent Medical Examination (IME) by an Independent Medical Physician
  • How to Appeal a Long Term Disability Denial: Tips for Your Appeal
Previous Post: « Does An Adult Need An Attorney For A Dog Bite Claim?
Next Post: Dog Bite Fractures »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

View All Resources


Jairo V.

I want to thank Mr. Ortiz, Tory, and the whole office, from the bottom of my heart, and my family's hearts for helping me, and sticking with me through the whole process.

View All Testimonials

Complete this CONFIDENTIAL form or call (888) 321-8131 for a FREE case evaluation

  • This field is for validation purposes and should be left unchanged.

Navigation

  • Free Resources
  • Qualifying Conditions for LTD
  • LTD Insurance Companies
  • Qualifying Occupations for LTD
  • Case Summary Archives
  • LTD FAQ
  • Qualifying Conditions for SSD
  • SSD FAQ
  • PI FAQ
  • PI Insurance Companies
  • Disclaimer

Footer

Our Team

  • Nick Ortiz
  • Jessica Ortiz
  • Dawn Keller
  • Sarah Palag
  • Tory Nelson

Our Law Office

ORTIZ LAW FIRM
(888) 321-8131

823 E. Jackson St.
Pensacola, FL 32501
Monday - Thursday: 9:00 AM - 5:00 PM Friday: 9:00 AM - 2:00 PM

Saturday - Sunday: Closed

Practice Areas

  • Long Term Disability Claims
  • Social Security Disability Claims
  • Personal Injury Claims
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Free Social Security Disability Resources
  • Social Security Disability Frequently Asked Questions
  • Conditions That May Qualify for Social Security Disability
  • Social Security Disability Blog
  • Contact
  • Disclaimer

Site Footer

©2020 Ortiz Law Firm, All Rights Reserved. Reproduced with Permission | Privacy Policy

Share this ArticleLike this article? Email it to a friend!

Email sent!