Long Term Disability Surveillance: An Essential Guide

Would you be surprised to learn that surveillance is a significant concern for individuals seeking long term disability benefits? It isn’t uncommon for insurance companies to surveil you once you’ve filed a claim. They’ll search for reasons to justify denying your benefits—anything to protect their bottom line.

So, what exactly is long term disability surveillance, and how can you ensure you’re not putting your benefits at risk? This quick guide will help you do what’s best for your case.

Are you uncomfortable with your insurance company surveilling you? Reach out to Share Lawyers to explore your options.

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What is Long Term Disability Surveillance?

On paper, long term disability surveillance refers to the monitoring of activities conducted by insurance companies to verify the legitimacy of disability claims. When you file for long term disability benefits, insurance companies use various techniques to ensure that your condition truly prevents you from working as described in your claim.

The most common techniques include:

  • Online Surveillance: Insurers may monitor your social media accounts and online activities for posts, photos, or other content that could suggest you are more active or capable than stated in your claim.
  • Video Surveillance: Insurance companies may hire private investigators to record video footage of you in public places, hoping to capture evidence that contradicts the reported disability.
  • Audio Surveillance: Similar to video surveillance, audio recordings might capture conversations or activities that indicate that you are not as disabled as they claim.

Ultimately, the goal of long term disability surveillance is to gather evidence that can discredit your long term disability claim and justify denying or terminating your benefits. While insurance companies will try to discredit your claim, what they often don’t take into account is the difference between daily functionality and work capacity.

For example, just because you can bring a load of groceries in on your own doesn’t mean that an injury or illness doesn’t prevent you from performing your primary full-time work duties.

While we often picture surveillance as involving trench-coated investigators with cameras and binoculars, it's essential to recognize that insurance companies now rely more heavily on online surveillance. With the internet and social media, online monitoring has become far more common and is typically used in nearly every long term disability claim.

Additionally, just because you are under surveillance doesn’t necessarily mean that you are being monitored 24/7, due in part to your rights and protections.

Knowing Your Rights

It’s essential to understand that while insurance companies do have the right to conduct surveillance on individuals who file long term disability claims, you also have rights that protect you from unfair practices.

Your Rights Regarding Insurance Companies Conducting Surveillance

Expectation of Privacy

Surveillance should not intrude into private areas where you have a reasonable expectation of privacy, such as inside your home or other private property.

Public Surveillance

Insurance companies are generally allowed to conduct surveillance in public places without expectation of privacy, including public streets, parks, and other open areas.

Online Activity

Insurance companies can monitor information posted publicly on social media. Private messages and restricted posts may require legal access.

Notification

Insurance companies typically do not need to inform you that you are being surveilled, but any evidence gathered must be used lawfully.

Harassment

Surveillance should not be excessive or intrusive. If you feel surveillance has become harassment, you may have legal recourse.

Legal Representation

You have the right to consult with a lawyer if you believe surveillance is being used unfairly or unlawfully against you.

Regulatory Bodies

If you believe insurance practices violate your rights, you can file a complaint with the appropriate regulatory authority.

Best Practices

Just because your insurance company may be conducting long term disability surveillance doesn’t mean you will be disqualified from receiving benefits.

What to Do if You Think You Are Being Surveilled

Be Honest

Always provide truthful and accurate information about your condition and activities to maintain credibility.

Document Everything

Keep detailed records of unusual activities or incidents, noting dates, times, and descriptions.

Be Aware of Your Surroundings

Pay attention to your environment, especially unfamiliar vehicles or individuals frequently near you.

Maintain Privacy and Be Mindful of What You Put Online

Avoid discussing sensitive information in public. Be cautious with social media and online posts, as insurers often monitor them. Adjust privacy settings and think carefully before sharing.

Consult with a Lawyer

Seek legal advice from an experienced disability law firm like Share Lawyers. We can help you understand your rights and provide guidance on handling potential surveillance.

Follow Medical Advice

Continue following your doctor’s recommendations and treatments, keeping records of all medical visits and advice.

Communicate with Your Insurer

Inform your insurance company if you suspect surveillance and ask for clarification on their policies and legal basis.

Avoid Suspicious Behavior

Be honest and consistent in actions and statements, and ensure activities are medically approved and documented.

Stay Informed

Research and stay informed about your rights and relevant laws and regulations in Canada.

Reach Out to Regulatory Bodies

If you believe surveillance is invasive or illegal, you can file a complaint with regulatory bodies.

By following these practices, you can better protect yourself and your privacy, ensuring that any surveillance conducted by insurance companies is lawful and appropriate.

Share Lawyers Has Your Back

At Share Lawyers, we understand how the idea of being under long term disability surveillance can add unnecessary stress during this difficult time.

We’re here to provide the legal guidance you need to handle surveillance effectively. We aim to ensure that you are treated fairly and receive the disability benefits you deserve and depend on.

For over 35 years, thousands of Canadians have relied on us for support, and we are proud to offer our assistance. We provide free consultations and no fees until your benefits are secured.

If you're feeling overwhelmed by the stress of long term disability surveillance, don't face it alone. Contact Share Lawyers today for a free consultation, and let us help you navigate this challenging time.

Contact Share Lawyers today and let our 35+ years of experience work for you. We can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis. There are no fees unless you win your case.

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