Have you recently filed a disability insurance claim? Perhaps you already receive long term disability benefits? You should know that the insurance company may be watching you and judging your claim based on what you can and can't do - even something as innocent as gardening.

Surveillance is standard practice for insurance companies, as their ultimate goal is to deny your claim or terminate your existing benefits. To build a case against you, the insurance company will often check in on you to ensure that you’re not lying or exaggerating your insurance claim.

With the summer season just around the corner, you will likely be spending more time outdoors with family and friends, will possibly be more mobile (even just because there is no snow!), and you may even participate in activities and recreation. Seemingly innocent activities like riding a bike can lead to a termination of your insurance claim. Knowing what you are up against is half the battle to winning and keeping your disability benefits.

How the insurance companies do this

There are many different ways insurance companies conduct surveillance. If you have a public presence on social media, you are potentially being watched by your insurance company. These companies are looking for something that indicates that you are not affected by a disability. If they see you taking part in activities like playing fetch with your dog in the backyard or picking up your children or grandchildren, they can argue that you are participating in “healthy behaviour”. They can record footage of your activities to use as evidence against you in order to deny your claim or terminate your existing benefits.

Surveillance in your case

Surveillance evidence is often presented out of context and can be manipulated to prove that you are not disabled. It generally documents a quick action or moment and does not show the true nature of the activity or the detrimental result of the activity (like the ease of the activity, or pain and stiffness caused by the activity). It is also a poor indicator of your ability to return to work because it only focuses on an isolated incident, rather than your full day. For example, you may be equipped to take out the trash once a day, but that doesn't prove that you can safely return to your heavy lifting job with your back injury.

You can fight it

Always tell the truth about your disabilities from the start. Be upfront about which activities you can engage in and which you can't; if you have a bad back but can still carry light groceries - be transparent about it. It’s important to let your lawyer or doctor know that it's an activity you still engage in.

Don't overshare

Be wary of what you share online and on social media - you never know how that content might be misconstrued or manipulated. Re-consider standing in a photo with family and friends at your summer barbecue if you use a wheelchair.

Get a good lawyer

If you suspect that surveillance footage is used against you, stay calm and hire a lawyer. Your lawyer can help fight if your benefits get denied or cut off. An experienced disability lawyer will also be able to help demonstrate that the incident in question was most likely isolated and that you are deserving of continuing benefits.

Denied your long term disability claim?

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