Surveillance, Social Media & Disability Retirement Claims
Ever feel like somebody’s watching you? If you are a California disability retirement claimant, you may be right! In recent years, California public retirement systems have significantly increased their use of surveillance and social media monitoring to investigate disability retirement claims.
While preventing fraud is important for maintaining the integrity of these systems, this heightened scrutiny has created additional challenges for legitimately disabled public employees seeking the benefits they’ve earned through years of service. At Cantrell Green, we’ve observed this trend affecting clients across all major California retirement systems, including CalPERS, County Systems (CERL), and local independent systems.
Social Media & Disability Retirement Claims
Social media has become a primary tool for retirement systems investigating all types of disability claims, including disability retirement. Investigators routinely monitor platforms like Facebook, Instagram, and LinkedIn for evidence that might contradict a claimant’s reported limitations. Something as innocent as a photo of a family vacation or a post about gardening can be taken out of context and used to challenge a legitimate disability claim.
If you post a photo of yourself on Facebook or Instagram reeling in that big fish, or relaxing on the gold course, it could be used as evidence against you, to try and deny your disability retirement benefits!
But what these investigations often fail to consider is that most disabilities involve good days and bad days, and social media typically only captures moments when someone feels well enough to participate in activities. Additionally, many disabilities aren’t immediately visible in photographs, such as chronic pain conditions, mental health issues, or neurological disorders that can vary in severity from day to day.
Covert Surveillance in Modern Disability Retirement Investigations
Beyond social media monitoring, retirement systems increasingly employ traditional surveillance methods to observe disability retirement applicants. Private investigators may photograph or video record claimants going about their daily activities, often without context or understanding of the claimant’s medical conditions.
For example, an investigator might record a person with a serious back injury carrying groceries into their home, not knowing that this activity might result in days of increased pain and immobility. Or not realizing that the bag only contains like a box of cereal! These surveillance efforts often fail to capture the full picture of a person’s limitations and can present a misleading narrative about their ability to perform their job duties.
Sadly, our experienced disability retirement attorneys have seen this type of surveillance “evidence” used to deny injured public servants their hard earned benefits.
CalPERS Mandatory Disability Retirement Re-evaluations
One of the most blatant examples of this is the surveillance conducted under the CalPERS’ “Circular Letter” – which was issued in 2017. That letter put in place mandatory requirement for regular re-evaluations of disability retirees under voluntary service retirement age represents another layer of scrutiny. While the stated purpose of that letter is to ensure benefits are only paid to those who remain disabled, these re-evaluations can create significant stress and uncertainty for legitimately disabled retirees.
If your disability is called into question, the process then typically involves new medical examinations, updated physician reports, and sometimes additional surveillance or social media investigations. For those with permanent conditions that have no reasonable expectation of improvement, these mandatory re-evaluations can feel like an unnecessary burden and a cause of concern about their future financial stability – as well as a waste of system resources.
Protecting Your Disability Retirement Rights
Understanding how to protect yourself during a disability retirement claim has become increasingly important. We advise clients to be extremely mindful of their social media presence without feeling they need to completely withdraw from online life. This might include adjusting privacy settings, being selective about what they post, and understanding that even private posts might be accessible to investigators.
Regarding surveillance, we recommend maintaining thorough and honest documentation of your conditions and limitations, including both good days and bad days. Keep detailed records of all medical treatments, medications, and how your disability affects your daily activities. And be aware at all times that you may be under observation.
The Reality of Disability Retirement in the Age of Social Media
While retirement systems have a legitimate interest in preventing fraud, it’s important to remember that the vast majority of disability retirement claims are filed by dedicated public servants who have become genuinely unable to perform their job duties due to injury or illness. Many of these individuals have spent decades serving their communities and would much prefer to continue working if they were able.
Sadly, the current climate of aggressive investigation and surveillance can make injured public employees who are already-struggling feel like they’re being treated as criminals rather than valued former employees seeking their earned benefits.
Disability Retirement Attorneys | Long Beach
If you’re applying for disability retirement benefits, or you are facing a re-evaluation of your existing benefits, it’s crucial to understand how retirement systems conduct their investigations and how to protect your rights. At Cantrell Green, our experienced disability retirement attorneys can help you navigate this increasingly complex landscape. We understand the challenges you face and can help you present your case effectively while protecting your privacy and dignity throughout the process.
Don’t let aggressive investigation tactics intimidate you from seeking the benefits you’ve earned through your years of public service. Contact the disability retirement attorneys at Cantrell Green for a confidential consultation. Our team has extensive experience dealing with California’s various retirement systems and can help ensure your rights are protected while you pursue your rightful benefits.
Free Consultation with a Disability Retirement Attorney: 562-622-4800
This article is general in nature and not intended as legal advice. It may not reflect the rules, laws or regulations governing how your specific public retirement system is administered. If you have question about another public employee retirement system, find your system, below – or call our disability retirement attorneys at: 562-622-4800

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