When you file a long-term disability claim, it is natural to feel a sense of unease or worry. One concern that often arises is whether your insurance company will conduct surveillance on you during your case. This practice, known as disability surveillance, is a method used by insurance companies to gather evidence about your daily activities and abilities. At Bartolic Law, clients often ask us if they should be worried about this type of surveillance.
The short answer is it depends. Some insurance companies may use surveillance as a tactic to try and discredit your disability claim. In this blog, we will discuss the use of surveillance by insurance companies and what you can do to protect yourself during your long-term disability case.
Disability surveillance involves insurance companies hiring private investigators to observe and record your actions over a certain period. This typically occurs in public areas, and investigators are prohibited from entering private property without permission or peering into windows. The aim is to compile evidence that may contradict your reported limitations or your ability to perform your occupation.
You might wonder about the legality of this practice. While the law does not explicitly address disability surveillance, the general rule is that surveillance is permissible, provided it does not invade your privacy rights. This means insurers can observe you in public spaces but cannot infringe upon your private life.
Insurance companies resort to disability surveillance when there’s a discrepancy between your reported symptoms or functional level and your medical condition or disability. If your descriptions of your limitations are inconsistent with your diagnosed condition, an insurance company may employ surveillance to verify your claims.
The footage gathered during surveillance can significantly impact your case. Insurance companies can use this evidence to deny your long-term disability benefits. Therefore, it’s crucial to be accurate and consistent when describing your medical conditions and limitations.
So, how can you prepare for potential surveillance? The most effective way is to be honest and accurate in expressing your disability and its impact on your life. Do not exaggerate or downplay your symptoms or limitations. Ensure that your statements to your doctor, your insurer, and on social media are consistent. Remember, any discrepancy may trigger surveillance.
Now, let’s address the emotional aspect of disability surveillance. It’s common to feel violated or stressed knowing that you could be under surveillance. It’s essential to remember that this is a standard procedure and not something personal against you. Focus on your health and recovery, and let professionals handle the legal aspects of your case.
While the possibility of disability surveillance can be unsettling, being honest, consistent, and aware can protect your rights and benefits. At Bartolic Law, we understand the complex emotions and legal intricacies tied to long-term disability cases. We are dedicated to guiding you through this process with compassion, transparency, and credibility. We leverage our experience and innovative strategies to secure the benefits you deserve, giving you peace of mind to focus on your health. Reach out to Bartolic Law for a consultation today.