If you get the feeling you are being watched since receiving long-term disability payments, you are not being paranoid. Insurance companies use various surveillance techniques to catch the recipient in the act of doing something they allege they are unable to do, or their doctor has prohibited them from doing. It is not uncommon for insurers to manipulate surveillance material to make it look like you are falsifying your claim.
At Marc Whitehead & Associates, our disability insurance lawyers can help with turning over your denied claim if you were under surveillance. We also offer long-term disability application assistance so that your application has a greater chance of success.
Do Insurance Companies Really Use Private Investigators to Disprove Claims?
Yes, insurance companies do use private investigators to prove the claimant is not as injured as alleged. It is a way for them to deny claims and save money. The aim is to deny as many claims as possible. That is the business model.
Surveillance is more commonly used in high-benefit claims and in claims where the alleged disability is “invisible”— like with mental illness or chronic pain claims.
You should be aware that as soon as you file an insurance claim, you may be subject to surveillance.
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What Types of Surveillance Do Insurance Companies Use?
Insurance companies usually hire third-party private investigators to conduct surveillance. The process starts with the investigator performing a thorough background investigation and reporting the results to the insurer.
Beyond hiring private investigators, insurance companies may monitor social media to see if the claimant is posting photos of themselves performing activities they should not be doing. A bike ride photo or hiking along a mountain trail might trigger an insurance company investigation. You may have to prove that the photo was taken prior to your disability.
Other types of surveillance techniques used by insurers include:
- Fixed surveillance– An investigator looks for the subject from a distance to observe their daily routine. This type of surveillance is also known as a stakeout, and you are probably familiar with it from TV and movies.
- Stationary fixed surveillance– Instead of a human investigator, this type of surveillance utilizes cameras and listening devices.
- Tracking– This involves being followed by an investigator or the use of tracking apps to survey claimant behavior.
Insurance company representatives or investigators may contact your neighbors and ask questions about you. They may go up and down your street, knocking on doors. Keep in mind that these people are thorough and aggressive.
Is It Legal for an Insurance Company to Conduct Surveillance?
Insurance companies can conduct surveillance in any public place where there is no reason to expect privacy. The shopping mall, your healthcare provider’s office, or the supermarket are all fair game. However, the insurance company cannot conduct surveillance in areas where you should expect privacy, such as inside your house.
Here is where it gets tricky. If a private investigator is taking photos from a public street, it is generally legal to take photos of claimants outside of their homes. This is prime territory for investigators. They might photograph or video someone who claims they cannot lift more than 10 pounds bringing in large grocery bags or picking up a small child. They may find someone alleging limited mobility walking a large dog.
Remember: if you can be seen inside your house from a window, an investigator can take pictures. What they cannot do is set foot on your property without permission. If that happens, they are trespassing. Call the police if they will not leave.
It is also likely that among the many forms you filled out for your insurer was an authorization permitting the insurer to gather evidence regarding your claim. That authorization allows the insurance company to collect evidence in any legal way.
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How Disability Insurance Companies Use Surveillance to Deny Claims
Disability insurance companies are basically playing a “gotcha” game with surveillance. If they can show the claimant engaged in an activity, they should not have the ability to perform, the insurer uses that as evidence to deny your claim.
The surveillance captured generally documents a small moment of time when you appeared to be capable of doing your job. The footage does not show the true nature of the activity (like the ease of the activity) or the damaging result of the activity (pain and stiffness caused by the activity). It is also an inaccurate indicator of your ability to return to work because it only focuses on an isolated incident, rather than your full day.
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Insurance Company Surveillance Tips
By avoiding social media, you can deter insurance company surveillance to some degree. If that is not possible, change your settings so only people you actually know can see your posts. Do not accept friend requests from people you do not know. They could work for the insurance company and aim to keep tabs on you.
The modern world is full of surveillance videos and it can be easy to recover surveillance footage on virtually anyone, but especially if you are a target for receiving long-term disability.
The most critical thing you can do to protect yourself from the damage of surveillance is to follow your doctor’s orders. If the doctor prohibits you from performing certain tasks— do not do them— even if you feel especially good that day.
Contact an Experienced Long-Term Disability Attorney
If your insurance company alleges that you are not disabled due to surveillance materials, a lawyer for long-term disability at Marc Whitehead & Associates can help. Schedule a free, no-obligation consultation today. We can help you fight against a predatory insurance company.
Call or text 800-562-9830 or complete a Free Case Evaluation form
