Filing a long-term disability (LTD) claim is a complex process with strict deadlines. But knowing the insurance company might be watching you can make everything feel impossible.
Worrying about surveillance is valid due to privacy concerns. Understanding its purpose can offer you ease in navigating the claims process.
Why insurers look for inconsistencies
When you file a claim, insurance companies conduct surveillance on claimants to ensure their condition of being unable to work. Although rare, some individuals can abuse LTD benefits by committing fraud. That is why their goal is to gather information that contradicts your claim.
While surveillance can be intimidating, it does not aim to prove you are committing fraud. The process aims to verify whether your limitations are consistent with your daily activities.
Common forms of surveillance
If your LTD policy is sponsored by your employer, it falls under the Employee Retirement Income Security Act (ERISA). You may have protections under ERISA, but insurers can deny your claim if their investigation reveals fraudulent activities. They have a right to investigate your claim’s validity using these methods:
- Physical surveillance: An investigator observes you in public or films you in a public area.
- Social media monitoring: The insurance agents can check your social media accounts to gather evidence.
While insurers can legally investigate you, they must respect the limits of their actions. They cannot trespass on your property, harass you or pretend to be someone else to gain information.
Taking actions to protect yourself
Surveillance can feel alarming, especially when you value your privacy. Instead of hiding from investigators, live your life truthfully. Follow your doctor’s limitations to preserve consistency between your actions and medical records. Additionally, refrain from oversharing on social media and set your accounts to private.
The ERISA guidelines on LTD claims are complex. If a video is used to deny your claim, the law limits your time and ability to fight back. An experienced attorney can offer guidance in navigating the legal process.
