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Depressed woman sued over vacation pics on facebook. - December 22nd 2009, 11:50 PM

http://tech.yahoo.com/blogs/null/156...0#see_comments

So she's officially diagnosed with depression, goes on a vacation to relieve stress and "treat" it, and she's getting sued because, apparently, depressed people don't post pics on facebook. I'm not happy about this. I think it's bullsh*t.

Post your thoughts. I'm going to go calm down somewhere, far away from anything valuable.
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Re: Depressed woman sued over vacation pics on facebook. - December 22nd 2009, 11:53 PM

Oh, what the heck? It's absolutely ridiculous that she's being sued.
   
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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 12:05 AM

If you read the story then I think it's fair enough really. If she's on sick leave from her job due to depression then that must mean she is not capable of doing her job due to the depression so they gave her leave. If she can go on holiday in the midst of this sick leave then she is obviously capable of going to her place of work and doing said work. If I claimed sick leave for whatever reason and was then found having a wild time with my mates on a sunny day beach in Australia (for example) my employer would be pissed off and rightly so, and if I was claiming benefits for my illness then I'd expect to get punished for it.
   
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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 12:35 AM

Yeah but going on holiday and taking a break is one way to treat and get away from depression. Hell, it's what I'd do! I wouldn't just sit at home all day and let the depression eat me alive, and I try not to. It's called getting away from your problems.
Perhaps getting benefits from it might not have been issued, but she was diagnosed with it, and isn't being sued only going to make matters worse?

I think it's rediculous she's getting sued. Going on a little holiday to get away from your problems is just one way to treat that crap.
Besides, it's a lot easier to rest a little on the beach to sort out your problems than it is to work all day.



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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 12:47 AM

Wow she's an idiot. I mean a real idiot. And I think the company is in the right to do something to her. I mean when you go on sick-leave for whatever reason you DO NOT use that time to go on vacation. Especially a vacation to the extent hers went. If you are depressed enougg to miss work then you need to be seeing a doctor not going to the beach and Chippendales with friends.


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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 12:58 AM

I am with the Employer on this one.


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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 01:00 AM

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Originally Posted by thebigmole View Post
I mean when you go on sick-leave for whatever reason you DO NOT use that time to go on vacation. Especially a vacation to the extent hers went. If you are depressed enougg to miss work then you need to be seeing a doctor not going to the beach and Chippendales with friends.
Actually, going on holiday could benefit someone with depression. If she has been diagnosed with depression then I'm sure that a she's already seeing a doctor.
Wouldn't it be better for her to do something active to try and get out of her depression rather than sit at home and reinforce her negative behaviours/feelings?
Being depressed isn't something that you can recover from by just staying at home and seeing the doctor a couple of times.
   
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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 01:12 AM

Look, if you're so depressed as to miss A YEAR AND A HALF of work then you're too depressed to go on holiday, throw birthday parties and go to bars with friends. If I was that depressed going on holiday and throwing parties would be the last thing on my mind.

I think we all need to bare in mind that people do fake depression for compensation, I've met a few of them. Not everyone who claims to be depressed really is and this woman's conduct implies that she is either (a) not depressed or (b) not depressed to the extent she is claiming.
   
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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 01:48 AM

That's (ok, sorry) depressing.

I hope she isn't milking the potential for a mental illness that really does afflict people to the point that is debilitating--if I were an employer/insurance provider, I might be less inclined to give long term leave to the people who actually needed it if there were people running around taking advantage of it. That's pretty mean behavior. I'm thinking, though, that she could be not mentally healthy, because I think a healthy, reasonable person would not do something like that, you know?

But that article was horribly rude--You don't make fun of people who long term debilitating ailments be they physical OR mental. The way it was written it was as if the author didn't even believe in clinical depression was real, and I thought that was a pretty ignorant.


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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 03:10 AM

I don't understand how you could sue someone over this. While I do understand that when in comes to business, this is something that wouldn't be taken lightly. But if you have some compassion, which is often so lacking when it comes to money and business, you would realize that someone who is depressed often finds the best kind of treatment in doing things with their lives rather than sitting around wasting away at home. There are so many possibilities of what has happened here. For instance, maybe the woman asked for the break thinking that the best thing she could do for herself was give herself some relaxation time at home. Then, after spending so much time at home, maybe she realized what she really needed was time away from her house and out having some fun. Or maybe she took the break planning to take a vacation, but simply because that was what would best help her depression.

Sure this lady may have been planning to lie and simply take a break for a good time. Maybe she doesn't even have depression. But if she does? If this wasn't a scam? Then this idiot is suing a lady for being depressed and trying her best to find recovery for herself. Maybe if more people had enough compassion and concern for anything other than the cash their businesses drags in, this world would be the tinniest bit better off.





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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 03:21 AM

It's the fact that she took sick-leave that's the problem. I mean if she wanted to go on vacation for whatever reason then she should have taken vacation time. I'm assuming the reason they are suing her is maybe she was still getting some pay, and if that's true then they have every right to sue her.


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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 03:31 AM

Omg, this just made me sooo angry!



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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 03:54 AM

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Originally Posted by thebigmole View Post
It's the fact that she took sick-leave that's the problem. I mean if she wanted to go on vacation for whatever reason then she should have taken vacation time. I'm assuming the reason they are suing her is maybe she was still getting some pay, and if that's true then they have every right to sue her.
But like I said before, how does this employer know that staying at home wasn't her original intention? It's not like she's going to stay cooped up inside for years simply because she told her boss she needed a break. There's hardly enough evidence against her to sue her. Facebook pictures don't tell the whole story behind the reasons she asked for a break, or what happened during those few weeks. People who are depressed need extra time to take care of themselves and to spend at home unwinding. Obviously, she asked for this time. But just because she was given this break doesn't mean that she was going to spend all of it making herself even more depressed by staying at home. The main reason it is ridiculous to sue this lady is because that's not going to go over well in court; these are accusations with very little proof to prove that they are facts.





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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 05:26 AM

If she was on an unpaid sick leave, I'd be more likely to side with her. The fact that (at least the article seems to imply) that she was on paid leave makes things a little different. Also, did her doctor prescribe this "sun-vacation" as a treatment? From what I can read the vacation was not prescribed, which from an insurance perspective is important. The simple fact is, you have to draw a line somewhere. If not, people could call in "depressed" because they didn't want to come into work. Even if a diagnosis is necessary, depression is easy to fake from a diagnostic perspective. I say, you meet in the middle with her... she has a job when she wants to come back, but she won't get any money from the insurance company or her employer.

Personally (having been through depression myself and studying to be a counselor), I doubt that if she was able to plan a trip and go to Chippendale's that she was at a point where she would be unable to do her job.

Amanda, you mentioned that perhaps she was "trying to find recovery for herself." Simply put, there are counselors, psychiatrists, and physicians to help with that. There are many theories and methods to try, and consulting those professionals would have been congruent with her insurance. Whether she is depressed or not, in order to have insurance billed there are steps that she must take which are her responsibility.
   
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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 08:23 AM

Absolutely pathetic, on the insurance companys part.

If her profile was set to only friends, then the insurance company obviously made a facebook account and added her, and she was an fool for accepting a friend request from someone she doesn't know. If she cared so much that she made it so only her friends could see, then you would think she would be careful about who she added as a friend.



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Re: Depressed woman sued over vacation pics on facebook. - December 23rd 2009, 02:24 PM

Another thing I got from the article was the impression that she knew she was in the wrong. If she's going to say "well the company wasn't supposed to see them anyway" then she's trying to put the blame some where else because she knew she was wrong. If her original intention was to stay home then she should have stayed home. If you are depressed enough not to get up and go to work for a long time then that depression is at a point of severity where all this woman should have been doing is seeing councelors or such. If you are going to claim that level of depression then I highly doubt you are well enough to post such a trip, and then post the pictures on facebook like a stupid person.


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Re: Depressed woman sued over vacation pics on facebook. - December 25th 2009, 05:42 AM

Well, I'm not sure if she should be getting sued, but I don't think the employer or however is wrong to do so. Honestly, if I took sick leave from work, and was getting pain for it, I'd go to a treatment facilitate, which in itself would be similar to vacation. Yes getting away can be helpful, but it would be better if she had gotten away to get help, not to party, at least from my view.


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Re: Depressed woman sued over vacation pics on facebook. - December 25th 2009, 07:28 AM

Too many unknowns for me to have an opinion one way or the other. But I do agree that it's worrisome that the insurance companies can/do look through ostensibly private information like that. If they have some reason to suspect dishonesty, there are official and legal channels to go through. Snooping on a hunch is absolutely unacceptable.


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Re: Depressed woman sued over vacation pics on facebook. - December 26th 2009, 01:07 AM

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Look, if you're so depressed as to miss A YEAR AND A HALF of work then you're too depressed to go on holiday, throw birthday parties and go to bars with friends. If I was that depressed going on holiday and throwing parties would be the last thing on my mind.

I think we all need to bare in mind that people do fake depression for compensation, I've met a few of them. Not everyone who claims to be depressed really is and this woman's conduct implies that she is either (a) not depressed or (b) not depressed to the extent she is claiming.
Really, funny, because when I was completely crippled by depression I managed to go on holiday, go to birthday parties and go to bars with friends. Struggled but I managed. And guess what helped me get better! Exactly - keeping my social life active and not allowing myself to get better.

And also, just because you're smiling in pictures, doesn't mean your not depressed. Having a social life is an essential part of beating depression, and having serious, crippling depression does not mean you should not get out of bed all day. A lot of the time, for me, it did mean that. But not always.

People lie about having depression and whether not this woman is isn't up to us to decide (and nor can we from the provided information). What I can say though (as a trained councellor and having worked in mental health) is that if you ARE depressed, staying at home will make it worse, not better. Will make you more isolated and if you make an active effort to prevent this from happening and re-intregrate with society (which is a massive problem for people who have experienced mental illness for a prolonged period of time) this should be applauded. I was when I started to, not sued, and thank bloody god they didn't react this way because it would have knocked me right back.

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Re: Depressed woman sued over vacation pics on facebook. - December 26th 2009, 02:57 AM

We had a teacher in high-school who did something similar, only in this case it was much more evident. She took time off because she needed a gastrointestinal surgery and needed time to recover. The school granted her the time and lo' and behold, she flies off to the Caribbean or Barbados to party and see her friends, family, etc... . Needless to say, the school wasn't impressed. In this case though she admitted to going there to "recover" even though she told the school she'd stay only at home because she couldn't travel long distance (i.e. flying).

In the case for this woman, I think it's somewhat of a toss-up. Common-sense thinking may lead one to think that if you're depressed, then you're not going to be at parties happy and such. The problem though is outlined in the article in that she may have simply been trying to recover and get prosocial social support. FaceBook though I wouldn't say would be a good source for such information due to the nature of it; posting pictures, videos and text of oneself for others and not as a source of evidence that's objective of what happened at the scene. I agree that the insurance company is rallying on a hunch with not much evidence. On the other hand, it's questionable as to a) was her depression as severe as she said it was initially and b) was the trip used only for recovery purposes? If she told the company she'd stay at home only and possibly get local help, then flying off elsewhere is going to make things look suspicious regardless of the reason. Posting pictures of the happy events online makes it look even more suspicious.
   
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Re: Depressed woman sued over vacation pics on facebook. - December 27th 2009, 06:04 PM

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Really, funny, because when I was completely crippled by depression I managed to go on holiday, go to birthday parties and go to bars with friends. Struggled but I managed. And guess what helped me get better! Exactly - keeping my social life active and not allowing myself to get better.

And also, just because you're smiling in pictures, doesn't mean your not depressed. Having a social life is an essential part of beating depression, and having serious, crippling depression does not mean you should not get out of bed all day. A lot of the time, for me, it did mean that. But not always.
I very much agree. I'm not saying that depressed people can't do these things I'm saying that if you're so depressed that you physically can't go to work for a year and a half then how can you go on holiday (and still expect the company to pay for it)? I've been pretty damn depressed, to the extent that a holiday or birthday party would have been the last thing I'd have wanted to do but I still went to work (horrible though it was to have to do).

I'm sure everyone is different but sick leave is not for a personal holiday or for throwing parties in no matter what your reasons behind it is. Of course there is always the possibility that a therapist said: "Go on holiday" or something similar in which case good for her but you can't decide to just do these things on a whim. Sick leave is for when you can't go to work, if you can't go to work then you definitely can't go on holiday. Simple.
   
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Re: Depressed woman sued over vacation pics on facebook. - December 29th 2009, 03:00 AM

i'm with the employer. i'm not saying she's a faker.. but if she's well enough to go to parties and go on holiday then logic would tell you she is well enough to work.


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Re: Depressed woman sued over vacation pics on facebook. - January 2nd 2010, 10:32 AM

I think this is ridiculous.

Would you sue someone who was on leave because their leg had be amputated after a car accident for posting pictures of themselves learning to walk on their prosthetic leg in physical therapy?! Just because the guy can take a few steps doesn't mean he's ready to run a marathon! It's no different. She was following her treatment recommendations. Being able to drag yourself out of the house once in a while and smile for a camera is a very different level of stress than having to go to work everyday.

If you side with the employer I can not imagine that you understand that depression is considered a disorder of the brain, as stated on the US National Institute of Mental Health's website (http://www.nimh.nih.gov/health/publi...dex.shtml#pub5) "Research indicates that depressive illnesses are disorders of the brain. Brain-imaging technologies, such as magnetic resonance imaging (MRI), have shown that the brains of people who have depression look different than those of people without depression. The parts of the brain responsible for regulating mood, thinking, sleep, appetite and behavior appear to function abnormally. In addition, important neurotransmitters–chemicals that brain cells use to communicate–appear to be out of balance. But these images do not reveal why the depression has occurred."

Just because there are things people who suffer from Depression can do to improve their mood (exercise, getting enough sleep, balanced eating, getting out into the sun, etc) Doesn't mean that you can simply wish away depression, or with enough will power it would go away. Just because going out may improve this woman's mood, doesn't mean she will no longer be depressed and possibly experience the physical symptoms of depression such as insomnia, change in appetite, and aches. Just because going out may make her feel a bit better for a few hours, doesn't mean she may not be struggling with suicidal thoughts and urges. Just because she is trying to improve her mood, doesn't mean it is working.



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Re: Depressed woman sued over vacation pics on facebook. - January 2nd 2010, 10:37 AM

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I think this is ridiculous.

Would you sue someone who was on leave because their leg had be amputated after a car accident for posting pictures of themselves learning to walk on their prosthetic leg in physical therapy?! Just because the guy can take a few steps doesn't mean he's ready to run a marathon! It's no different. She was following her treatment recommendations. Being able to drag yourself out of the house once in a while and smile for a camera is a very different level of stress than having to go to work everyday.

If you side with the employer I can not imagine that you understand that depression is considered a disorder of the brain, as stated on the US National Institute of Mental Health's website (http://www.nimh.nih.gov/health/publi...dex.shtml#pub5) "Research indicates that depressive illnesses are disorders of the brain. Brain-imaging technologies, such as magnetic resonance imaging (MRI), have shown that the brains of people who have depression look different than those of people without depression. The parts of the brain responsible for regulating mood, thinking, sleep, appetite and behavior appear to function abnormally. In addition, important neurotransmitters–chemicals that brain cells use to communicate–appear to be out of balance. But these images do not reveal why the depression has occurred."

Just because there are things people who suffer from Depression can do to improve their mood (exercise, getting enough sleep, balanced eating, getting out into the sun, etc) Doesn't mean that you can simply wish away depression, or with enough will power it would go away. Just because going out may improve this woman's mood, doesn't mean she will no longer be depressed and possibly experience the physical symptoms of depression such as insomnia, change in appetite, and aches. Just because going out may make her feel a bit better for a few hours, doesn't mean she may not be struggling with suicidal thoughts and urges. Just because she is trying to improve her mood, doesn't mean it is working.
you cannot compare an amputee putting pictures of themselves doing physical therapy to a depressed person posting their holiday snaps. i'm sorry.. but that comparison is laughable.

surely you can see that if an employer came across the facebook of one of their employees who is off work because they are too ill to work.. and you saw a load of holiday pictures you would be a little suspicious..


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Re: Depressed woman sued over vacation pics on facebook. - January 2nd 2010, 01:40 PM

Yes, but I would do research BEFORE SUING THEIR ASSES!!!
   
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