Canadian woman loses benefits over Facebook photo

[Amerigo Vespucci]

Canadian woman loses benefits over Facebook photo

http://www.google.com/hostednews/ap/article/ALeqM5jFtDqzgsIdaIVcOoXZFR7pAlLmJQD9C4D3300



Blanchard's Facebook Photo. Credit: CBC.ca and Facebook

From Associated Press
November 22, 2009 2:20 PM EST

BROMONT, Quebec - A Canadian woman on long-term sick leave for depression says she lost her benefits because her insurance agent found photos of her on Facebook in which she appeared to be having fun.

Nathalie Blanchard has been on leave from her job at IBM in Bromont, Quebec, for the last year.

The Canadian Broadcasting Corp. reported Saturday she was diagnosed with major depression and was receiving monthly sick-leave benefits from insurance giant Manulife.

But the payments dried up this fall and when Blanchard called Manulife, she says she was told she was available to work because of Facebook.

She said her insurance agent described several pictures Blanchard posted on Facebook, including ones showing her having a good time at a Chippendales bar show, at her birthday party and on a sun holiday.

Blanchard said Manulife told her it's evidence she is no longer depressed. She's fighting to get her benefits reinstated and says her lawyer is exploring what the next step should be.

[Bozita]

1. A 2 second smile doesn't cancel out the remaining 23hrs, 59min, and 58sec in a sufferer's day.

[FLDCVADem]

2. Agreed

She may be depressed, but does that mean she is so depressed she isn't able to work?

[Lisa0825]

3. That is what I was wondering.

If she is able to function in other ways and is obviously not house bound, is she able to work, and if not, why? I would like more details.

[Cleita]

4. I don't think that is the issue.

The issue is that there was a contract between her and the insurance company. Who is breaking the contract?

[hyphenate]

12. I believe a contract is legal and binding

only if both parties are acting in good faith. If Ms. B has been lying, she is the one who has shown bad faith and is culpable for the termination of that contract.

And perhaps if it is shown that Ms. B has indeed been taking her employer for a ride, that company has enough to end her employment at that company, with no further proof required than that already produced by the insurer.


We all must remember that there are more than black and white issues in the world--including the concept of right and wrong. Normally I'm for the underdog, and in this case, the insurer is the underdog. I assume, perhaps incorrectly, that perjury and fraud are criminal acts, and not higher on one side of the aisle or the other. It's important to frame this in the concept of right and wrong, and not under D or R (which are US designations--Canada has different party names)

[FirstLight]

5. Invasion of privacy

Depression is a long term serious thing, just because she has a birthday or tries to get out of the house to feel better does NOT mean she is not depressed...( :mad: those fuckers)

besides, this seems to me like an invasion of privacy, i cannot believe that the insurance agency has people searching Social Networking and other sites LOOKING for their policyholders, and checking up on them...... that seems very wrong.

[FLDCVADem]

6. If she puts it on the internet

It's not private.

As for her depression, there are thousands, if not millions of people that suffer depression but still get up and go to work. It seems to me that if she can go out and play she could probably work at least part time.

[Lisa0825]

7. Yep. I did that for years. In fact, I'd say having a job was the only thing

that got me out of bed for a couple years.

[uppityperson]

8. There are different levels of depression, different intensities.

"Going out to play" to try to fight off the depression on her doctor's advice does not necessarily mean she is able to work. I do not know this woman or her situation, but do know that just because someone forces themselves to go to a "fun" place and smiles for a picture does not mean they are capable of working.

Depression has all sorts of intensities and levels.

[Toucano]

10. Doesn't Facebook have privacy options?

I thought you could shield content you post from people who aren't in your network?

Did she "friend" her insurance company?

[vadawg]

13. nope its the same as the company guy taking pics of you partying

when claiming you are housebound etc etc, i see the facebook and myspace etc as good tools to gather info on subjects, for some reason people are more than honest on FB than in real life...

[Kaleva]

9. The woman may have a case but I'd be suspect.

[hyphenate]

11. Let's face reality here

Not every single person tells the truth to collect benefits. Some people really do lie, and there are enough fraud cases to remind us of that fact.

Instead of thinking that every person is honest and factual and that every corporation is evil, mean and nasty, we need to really look at this case--which doesn't deal with U.S. law, regardless, it's Canadian--objectively, and decide based purely on evidence who is telling the truth and who is lying.

I know depression. Still do. And mercurial, depression is NOT. You can't go off someplace like a beach vacation, going to a bar, going to Chippendales, for crying out loud, and "pretend" to be happy. She either IS or IS NOT depressed. Oh, and before anyone goes and reminds us all that you can have varying degrees of depression--the information presented states that her insurance was paying for MAJOR depression. Major depression is diagnosed as follows:


Symptoms
--------------------------------------------------------------------------------

Symptoms of depression include the following:

depressed mood (such as feelings of sadness or emptiness)

reduced interest in activities that used to be enjoyed, sleep disturbances (either not being able to sleep well or sleeping to much)

loss of energy or a significant reduction in energy level

difficulty concentrating, holding a conversation, paying attention, or making decisions that used to be made fairly easily

suicidal thoughts or intentions.

(This description is from: http://allpsych.com/disorders/mood/majordepression.html)



Several other articles hold clues (IMO) as to who is trying to be fair here.

Blanchard told the CBC that on her doctor's advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

Manulife wouldn't comment on Blanchard's case, but did say they would not deny or terminate a claim solely based on information published on Web sites such as Facebook.


Another article:

Manulife reportedly said the pictures Blanchard posted to her private Facebook account prove she is no longer depressed. One showed her having fun at a Chippendales show, another at her birthday party and a third on a beach holiday.

Blanchard says she had told Manulife about the trip and that the pictures do not prove that her overall mood has improved.

"In the moment I'm happy, but before and after I have the same problems," she explains, adding that her doctors had advised her to have fun in order to forget her worries.

Blanchard's lawyer, Tom Lavin, requested a new psychiatric evaluation of his client, but thinks Manulife's investigation was inappropriate.

"I don't think for judging a mental state that Facebook is a very good tool," he said.

Manulife confirmed to CBC that it uses Facebook to investigate clients, but said they would not withdraw benefits simply based on that site.

"We would not deny or terminate a valid claim solely based on information published on websites such as Facebook," they said.

Blanchard estimates that the Facebook debacle has cost her thousands of dollars in benefits.

A few more thoughts--AFAIK, you can't view a person's details and profile unless you are added as a Friend, so someone ratted her out or someone thought enough of their "friend" to make sure her checks were cut short. With 609 friends--I barely have 33!--that's a lot of people who were helpful to Ms. Blanchard in her time of need. (yes, sarcasm implied!) and no, her profile and pictures are not just out in the open--I checked.