What You Should Know Before You Read:
- Insurance companies often conduct surveillance on people receiving long-term disability benefits to look for inconsistencies in their claims.
- Surveillance can include video recordings, social media monitoring, and questioning neighbors or coworkers.
- How you handle this surveillance can significantly impact the outcome of your long-term disability insurance claim.
- Dabdoub Law Firm focuses exclusively on long term disability claims, representing clients nationwide with a proven record of success in federal court.
Understanding Disability Insurance Surveillance
Insurance companies use surveillance to determine whether a claimant’s reported limitations match their observed activities. Unfortunately, the goal is often not to find the truth but to find a reason to deny or terminate benefits. Short video clips or isolated moments that create a snapshot can be taken out of context and used against you.
Federal courts understand that surveillance and social media posts represent only a snapshot in time and therefore do not always accurately depict someone’s true functionality on a regular basis.
The following do’s and don’ts can help you protect your credibility and your claim.
1. Do Assume You Could Be Under Surveillance
Insurance companies often conduct surreptitious surveillance at times they expect you to be more active, such as on days you have medical appointments, IMEs, or errands.
Do:
- Be mindful that any daily activity you do in public could be recorded.
- Continue living your life, but avoid actions that could be misinterpreted as inconsistent with your reported limitations. People often do more activity than they ordinarily can do when they are experiencing a “good day.”
Do Not:
- Assume you are never being watched. Even brief footage can be used to suggest that you are more capable than you have reported to your doctor or the insurance company.
2. Do Stay Off Social Media, or Use It Very Carefully
Social media is one of the most common sources of “evidence” used by insurance companies. A single photo or status update can be taken out of context to cast doubt on your credibility.
Do:
- Set all profiles to private and avoid posting about your health, activities, or travel.
- Ask friends and family not to tag you in photos or posts.
Do Not:
- Delete old posts after a claim is filed. Removing content may appear suspicious if the insurer has already captured screenshots. The best approach is to stop posting new information while your long term disability claim is open.
3. Do Be Honest and Consistent About Your Limitations
Surveillance is designed to catch inconsistencies between what you report and what the insurer observes. Being truthful and consistent shows you are credible and have nothing to hide. .
Do:
- Describe your symptoms accurately to your doctors and the insurance company.
- Acknowledge that your condition may fluctuate from day to day, and ensure that this variability is reflected in your medical records.
Do Not:
- Overstate your medical restrictions and limitations. If you can perform certain activities for a short time, say so. Honesty builds credibility while trying to manage how you appear may create a perception that you are exaggerating symptoms.
4. Do Go About Your Life Normally
You are not expected to remain housebound or inactive simply because you have a disability claim. What matters is that your activities are consistent with your condition and your medical records.
Do:
- Continue appropriate medical care, errands, and social activities that fit within your medical restrictions and limitations.
- Recognize that normal daily activity does not disprove disability.
Do Not:
- Change your behavior dramatically out of fear of being watched. Overly cautious conduct may appear inconsistent with prior behavior and invite additional scrutiny.
5. Do Contact Dabdoub Law Firm If You Believe You Are Being Watched
If you suspect that you are under surveillance, or if your insurer references video footage, it is important to involve an experienced disability insurance attorney immediately. Our team can ensure your rights are protected. We have handled covert surveillance of clients by every insurance company for decades. We understand how they use surveillance and have the expertise to challenge any false allegations.
Do:
- Be aware of any unusual activity, such as unfamiliar vehicles parked nearby or strangers photographing your home.
- Inform our team of any reference to surveillance by the insurance company.
Do Not:
- Confront or engage anyone you suspect of conducting surveillance. Instead, document what you see and let your attorney handle it through the proper legal channels.
How Dabdoub Law Firm Can Help
Disability insurance surveillance can be invasive, stressful, and often misleading. Knowing your rights and responding appropriately can make all the difference in protecting your benefits.
Dabdoub Law Firm helps clients nationwide at every stage of the disability insurance process, including:
- Filing a disability insurance claim when the insurer delays, denies, or questions your eligibility.
- Appealing a wrongful termination of benefits based on surveillance footage or alleged inconsistencies.
- Negotiating a lump-sum settlement when a final resolution provides long-term financial stability.
- Litigating your claim in federal court when the insurer refuses to honor its obligations under the policy.
Our attorneys have taken on every major insurance company and achieved proven success in federal court. Because we focus exclusively on disability and life insurance law, we have the experience, insight, and determination to protect our clients’ rights against powerful insurers.