Social Media, Surveillance, and Long Term Disability Claims – Is Someone Watching Me?

Do you ever get the feeling that someone is watching you? It may be happening, and it may be your insurance company!

Do you have a long term disability claim with an insurance company? Imagine waking up in the morning, attending to your daily routine, all while unaware that you could be under the watchful eyes of your insurance company as part of their long-term disability claim investigation. Can they do that?? Yes, it’s possible! Insurance companies occasionally employ video surveillance tactics, photography surveillance, or deep-dive into your social media activities, looking for evidence to deny disability benefits.

I’VE BEEN RECEIVING BENEFITS FOR YEARS – IS SURVEILLANCE STILL POSSIBLE?

Short answer: yes!

Whether your claim has been approved for 1 month, 5 years, or is still pending an initial claim decision, the insurance company can perform a variety of investigation tactics into your claim. It is possible that the insurance company may schedule you to attend an in-person medical evaluation. In this case, don’t be surprised if the day of the evaluation arrives and – unbeknownst to you – someone is camped out down the street ready to video you leaving for the evaluation, traveling to the evaluation, or following you once you leave the evaluation. Do you live in a rural area where access to your home is scarce? That may not matter; the surveillance may occur in the parking lot of the evaluation. It is even possible that they may follow you after the evaluation is over and continue recording or taking pictures (even if you go inside a restaurant with your spouse – yes, that can happen!).

WAIT- CAN THEY DO THAT?

Some may wonder, how is such a practice legal? The answer lies in the fine print of your insurance policy agreement. Most states have laws in play that allow insurance companies to use such surveillance methods. While it might feel intrusive, they do it in the name of preventing insurance fraud.

Bear in mind, what you might perceive as an innocuous update on Facebook or an innocent post on Instagram could be misconstrued and used against you. In these days of digital footprints, it’s crucial to be mindful of the information we share online, especially when pursuing a long-term disability claim.

WHAT INFORMATION CAN THEY GET?

If you are in a public space, or provide any information online publicly, that information is at risk of being obtained by the insurance company. Sometimes even something simple can be misinterpreted or misconstrued by an insurance company without context. Therefore, it is not surprising if the insurance company may use against you anything it finds through surveillance and/or social media investigations.

WHAT HAPPENS IF MY CLAIM IS DENIED BECAUSE OF SURVEILLANCE OR AN ONLINE INVESTIGATION?

If your long-term disability claim is denied, it is likely that you will be given an opportunity to appeal that denial. The appeal process is typically a very crucial part to your claim after a denial has occurred. Ensuring that the denial is appealed properly and that all necessary information has been provided to the insurance company is key. If you believe you are being unfairly surveilled or if your claim has been denied on the grounds of such investigations, we at Mehr Fairbanks Trial Lawyers are here to help. You should not be alone navigating these challenging issues. Call us today at (800) 249-3731 to discuss your case.