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What is Surveillance in Disability Insurance?
Have you recently filed a disability insurance claim? Perhaps you already receive long term disability benefits? You sho...
What is surveillance?
Most of us associate surveillance with some sort of law enforcement effort, but over the years, insurance companies have relied on surveillance to help them defeat specific disability claims.
You're probably wondering whether or not the insurance company has the right to do this in the first place. As unfair as it sounds, the law does allow them to engage in limited surveillance. An insurance company may shoot video, take audio, or take still photographs of person anytime they are in a public setting. This includes common activities like going out to eat or going out for a walk. These investigations cannot involve trespassing on private property or any interception of electronic communications.
Sounds pretty scary, right? Below are some ideas of things to keep in mind if you think you might be under surveillance by your insurance company.
What to do if you're under surveillance
If you believe you are under surveillance, you should immediately advise your lawyer. You should call the police if you feel threatened. Do not exaggerate your limitations for the camera. Do not get angry or confrontational with the investigator.
Insurance companies routinely conduct a detailed investigation on a claimant's background. They do this by hiring an investigation company to collect evidence for them. You may be videotaped and your neighbours and co-workers may be interviewed about your background, activities, and injuries. Claimants and witnesses cannot be threatened, and the investigator cannot defame the claimant.
With respect to video surveillance, your insurance company's investigator will typically park a surveillance van near your house and videotape your activities. The investigator is permitted to follow your movements, whether you are on foot or in your vehicle.
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