From time to time, we have clients at our law firm who are worried that applying for Social Security disability benefits will show up on a pre-employment background check. You don’t need to be concerned about this; applying for benefits is private. There are only some narrow exceptions, which we will cover in a moment. But rest assured, background reports don’t show disability benefits application status. Nor will a background check reveal if you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. This is also private.
Approximately 92–95% of U.S. employers conduct some form of screening to mitigate risk and ensure workplace safety. Commonly, pre-employment background checks will examine your employment history, criminal records and maybe your driving record; and verify your education. In some cases, employers will review your credit reports depending on the job you are applying for. These checks are to confirm your identity and fitness for the job, not your medical history.
The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. The act restricts potential employers from making medical inquiries before they offer you a job. Employers are permitted to ask if you can perform the functions of the job you are applying for, but they can’t ask whether you have a disability or about your medical history. After an offer, employers can ask limited, job-related questions or require medical exams only if they apply the same rules to everyone who applies for the same or similar jobs. After you are hired, the ADA requires employers to provide “reasonable accommodations” to employees with disabilities provided those accommodations don’t create “undue hardship.”
There are a few narrowly defined situations where your disability could indirectly be revealed to a potential employer.
- Verifying employment. If due to your disability you have gaps in your résumé, a background check can show the gaps, but not the reason for them.
- Financial Checks. It is possible that a credit check or finance check which you authorize could list your income from benefits. This is an uncommon exception.
- Self-disclosure. This can happen if you list your disability benefit income on an application or reveal it during the hiring process. But keep in mind that you control this narrative. You can choose what to reveal and what to keep private.
When applying for a job, everyone—disabled or not—should be proactive and do these reviews:
- Check Your Own Records: You can run a self-check through providers like Checkr or GoodHire to get a preview of what employers will see. (Both companies charge less than $30 for a basic report.)
- Free Credit Report: Request your annual free report from AnnualCreditReport.com to verify financial data.
- Work Eligibility: Use the E-Verify Self Check to confirm your U.S. employment eligibility.
If these reviews uncover any incorrect information, correct the information early file by filing a formal dispute with the background check company. Provide clear proof of the error. By law, the agency must investigate within 30 days, correcting and re-sending the report if needed.
Increase Your Chances of Winning Social Security Disability Benefits
You are 3 times more likely to be awarded disability benefits if you have a representative such as a disability attorney who will fight for your rights than if you have no representation at all, according to a Government Accounting Office study.
If you are considering applying for disability benefits or if you believe you have been unfairly turned down for benefits, contact us at Cuddigan Law for a free evaluation of your situation. If you hire us, we only get paid when you win your case.
