An insurance company’s goal is to make money, which naturally means the number one goal, besides selling insurance policies, is to deny insurance claims. However, if a claimant has a strong case with no plausible reason to deny, insurance companies will sometimes initially approve a claim. This means one of their best tools to cut off claims is surveillance.
Why do long-term disability insurance companies conduct surveillance?
If medical records support that a claimant can’t work, an insurance company may use surveillance to try to discontinue their claim. For example, if your doctor’s restrictions state that you’re unable to push more than 10 pounds but are surveilled shoveling heavy snow, that casts major doubt on the persuasiveness of the doctor. Given that the insurance company is not required to place more credibility on the claimant’s doctor in the first place, this ding to credibility can really damage a case, especially with surveillance particularly outside one’s restrictions.
Should I stay inside to avoid surveillance while on long-term disability?
No, you do not have to put your life on hold while being surveilled. Just be sure not to do anything outside of your restrictions, or to do anything that could be mistaken as outside of your restrictions. For example, a claimant might be denied for appearing to look like they are lifting something with others, when in reality, the other people are doing all the work. In sum, be aware of what you’re doing when outdoors. As long as you don’t violate restrictions, there shouldn’t be a concern.
When can I call the police on someone surveilling me?
Call the police whenever you feel unsafe. That being said, surveillance is not illegal. If you are being recorded in a legal manner, the police may not do anything about it. However, you should always feel safe in your home and surroundings.
Surveillance was taken on me working outside my restrictions – what do I do?
Now would be a good time to talk with an attorney. If and when a claim governed by ERISA1 is denied, the claimant has 180 days to appeal. That may sound like a lot of time, but it passes quickly, especially while waiting on medical records and statements from doctors. It’s essential to get favorable information into the record, especially in case the appeal is denied, as no further information can be submitted after a final denial has been made. Get in touch with our ERISA attorneys today.