Social Media Evidence in New York Psychiatric Damages Evaluations

Stephan M. Carlson, MD, MBA, FAPA · Civil Psychiatric IME

A photograph of a plaintiff smiling on vacation does not disprove major depression. A week of silence on social media does not prove psychiatric impairment. Social media can help or distort a psychiatric damages evaluation depending on how carefully the evaluator reasons from a curated record. What social media can establish Social media may show activity, travel, social contact, work, hobbies, physical activity, communication ability, or inconsistencies with claimed limitations. In a psychiatric damages case, that may be relevant to function. But a feed is not a mental status examination. People with serious depression can smile for a photograph. People with PTSD can attend a social event.

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