Surveillance in Long Term Disability Claims
Insurance companies are for-profit companies, so they have a built-in financial motive to deny your claim. One of the tools they use to deny claims is using surveillance to decide the legitimacy of a disability claim. This leads to one of the common reasons they deny claims – they claim that the insured is faking or exaggerating their injuries.
This is why insurance companies may conduct covert surveillance to prove that your injuries are not as you claim.
1. Physical Surveillance
Physical surveillance is when an insurance company hires a private investigator to follow you around. This person’s job is to prove that your disability is fake or exaggerated. For example, if you suffered an injury to your back and said that you cannot pick up heavy objects, this person will look for instances of you picking up or holding what they think are heavy objects. Although the investigator cannot legally go onto your property, you should expect them to linger in your neighborhood, try to look into your backyard, or follow you in public.
2. Electronic Surveillance
Electronic surveillance stems from the near ubiquitous use of social media. The insurance company will look to see if you’ve posted pictures or videos performing activities that you could not have done given the symptoms listed on your disability claim forms.
3. Field Visits
Sometimes, the insurance company will send someone to your home to conduct a “field visit.” These visits are often framed as the person following up and trying to learn more about your case. The reality? They are spies, snooping in your home and scanning for anything that will give them a justification to deny your claim.
If you told the insurance company that you cannot clean your house, and your home is neat, the insurance company may question your symptoms. If you tell them that you can’t sit for more than 15 minutes without pain, expect the interviewer to drag out the interview for 2 hours or more, then tell the insurance company that you can “comfortably sit” for 2 hours or more.
Insurance companies will look for any reason to deny your claim, even if it’s minor or outlandish. Of course, you have a right to fight back against a denial.
What Else Do Insurance Companies Do?
Surveillance is common, but an insurance company can go even further in an effort to disprove a claim. It might also:
Take video or pictures from outside of the home to use as proof against you.
Follow you in their vehicles.
Sometimes, insureds feel like their privacy has been violated and that they must act or behave a certain way. You should not stop your normal routine to prove your case. Be yourself. Continue your normal activities and follow your doctor’s advice. If your doctor advised you that you can take walks around your neighborhood, don’t let the surveillance stop you. Honesty is the best policy when filing a claim. If you’ve been truthful about your limitations, symptoms, and injury, you have nothing to hide.
How to Deal with Surveillance
It’s important to do a few things that will allow you to live a life of normalcy without jeopardizing your claim:
– Don’t push yourself. You should perform any activities that your doctor has warned you against. Take it slow and set limitations. Not only can an investigator use your actions against you, but if you don’t continue in your limitations, you risk aggravating your condition and making it worse.
– Stay off social media. If you have a disability claim pending, stay off of social media or be careful what you share. You may post an innocent picture, even from weeks before your injury, and this may be used against you. Monitor your privacy settings so that the insurance company cannot get unauthorized access to your accounts.
– Contact a lawyer. Working with a lawyer that specializes in ERISA disability claims can help you make sense of the surveillance and work towards an approved claim. We are here to protect your rights and ensure that you receive the benefits that are rightfully yours.
Surveillance plays a major role in your disability claim. If you notice that the insurer has hired a private investigator, contact a lawyer and be sure to follow your doctor’s instructions rather than push your limits. If you feel unsafe, call the police immediately.
If you have questions or concerns about your long term disability claim, contact us.