When you file a disability insurance claim, you expect your insurance company to honor the contract you have been faithfully paying premiums on for years. Unfortunately, the reality is often far different. Behind the scenes, insurance companies deploy sophisticated investigation tactics designed not to verify the legitimacy of your claim, but to find any possible reason to deny it.
At Kantor & Kantor, we have seen these tactics firsthand through years of litigation, depositions, and discovery processes that have exposed the insurance industry’s playbook for discrediting valid disability claims.
The Dark Side of Disability Insurance Investigations
Insurance companies operate as profit-driven businesses, and every claim they pay cuts into their bottom line. To maximize profits, most insurers have developed systematic approaches to investigate, challenge, and ultimately deny legitimate disability claims. What they present as “thorough claim investigation” is often a coordinated effort to build a case against their own policyholders.
These investigations go far beyond reviewing medical records and speaking with treating physicians. Insurance companies employ private investigators, conduct surveillance operations, and hire biased medical examiners to create narratives that support claim denials.
The goal is not to determine the truth about your disability—it is to find ammunition to use against you.
Common Investigation Tactics Used Against Disability Claimants
Surveillance and Private Investigation
One of the most intrusive tactics insurance companies use is hiring private investigators to conduct surveillance on disability claimants. These investigators may:
- Follow you to medical appointments to document how you walk, sit, or move.
- Stake out your home to photograph daily activities like checking the mail or taking out trash.
- Investigate your social media to see if you have posted anything they can use to undermine your claim.
- Record video footage of you engaging in seemingly normal activities, regardless of the pain or effort required.
The insurance company then uses this footage selectively, showing only moments where you appear functional while ignoring evidence of your limitations. A five-second clip of you lifting a grocery bag becomes “proof” that you can return to physically demanding work, even if that simple action caused you significant pain or required hours of recovery.
Social Media Monitoring and Digital Surveillance
Insurance investigators have expanded their toolkit to include comprehensive social media monitoring. They systematically review:
- Facebook posts and photos for any images showing activity.
- Instagram stories and posts that might suggest physical capability.
- LinkedIn profiles to monitor work status and professional connections.
- Twitter activity to track mood, activities, or statements about your condition.
Investigators often misinterpret social media content, using vacation photos taken during brief good days to suggest you are not truly disabled, or citing participation in family events as evidence of full functionality. They fail to acknowledge that people with disabilities can have good days mixed with bad days, or that a single photo represents just one moment in time, not your overall condition.
Biased Medical Examinations
Insurance companies frequently require claimants to undergo “independent medical examinations” (IMEs) conducted by physicians of their choosing. However, these examinations are rarely independent or objective. The insurance company typically:
- Selects doctors known for opinions favorable to insurers rather than truly neutral physicians
- Provides examining physicians with selective information that supports their denial position
- Schedules brief appointments that do not allow adequate time for thorough evaluation
- Uses doctors who specialize in finding reasons to deny claims rather than treating patients
These IME doctors often reach conclusions that contradict your treating physician’s opinions, despite having far less familiarity with your condition and medical history. The insurance company then uses these biased examinations as “medical evidence” to support claim denials.
Manipulation of Medical Records and Expert Opinions
Insurance companies employ medical consultants to review claim files and provide opinions that support denials. These consultants often:
- Cherry-pick portions of medical records that might suggest capability while ignoring contradictory evidence
- Misinterpret diagnostic tests and imaging to minimize the severity of conditions
- Question the credibility of treating physicians who support disability claims
- Provide opinions based on incomplete information while presenting them as comprehensive assessments
The insurance company then uses these consultant opinions to override the assessments of physicians who actually treat you and understand your condition’s impact on your daily life.
Vocational “Assessments” and Job Market Analysis
To support denials, insurance companies often commission vocational experts to identify jobs they claim you can perform despite your disability. These assessments typically:
- Ignore real-world job market conditions and availability of suggested positions
- Minimize the impact of your symptoms on work performance
- Suggest theoretical jobs that may not actually exist in your geographic area
- Fail to consider the practical limitations your disability places on sustained work activity
These vocational opinions are designed to create the appearance that suitable work exists, regardless of whether you could realistically obtain or maintain such employment given your disability.
How We Expose These Tactics
At Kantor & Kantor, we have developed sophisticated strategies to uncover and expose insurance company investigation tactics. When we take on disability cases, we do not just argue the merits of your medical condition—we investigate the investigators and expose their biased methods.
Demanding Internal Communications and Guidelines
Through discovery motions and depositions, we obtain access to insurance companies’ internal communications, including:
- Email exchanges between claims adjusters and investigators revealing true motivations behind investigation strategies
- Internal guidelines and training materials that show systematic approaches to claim denial
- Claims handling manuals that prioritize cost savings over fair claim evaluation
- Financial incentive structures that reward employees for denying claims
These internal documents often reveal that insurance companies approach claims with a presumption of denial rather than good faith evaluation of your disability.
Exposing Surveillance Tactics and Misconduct
We aggressively challenge surveillance evidence by:
- Demanding complete surveillance footage, not just selected clips that appear favorable to the insurer
- Investigating the credentials and methods of private investigators hired by insurance companies
- Challenging the authenticity and context of surveillance evidence
- Exposing instances where surveillance was conducted illegally or violated your privacy rights
Often, when forced to produce complete surveillance records, insurance companies must admit their “evidence” is taken out of context or does not actually contradict your disability claim.
Challenging Biased Medical Examinations
We systematically challenge IME evidence by:
- Investigating the backgrounds and bias of examining physicians.
- Documenting financial relationships between IME doctors and insurance companies.
- Comparing IME findings with comprehensive medical records from treating physicians.
- Exposing inadequate examination procedures and rushed appointments that do not allow for proper assessment.
Our investigations often reveal that IME doctors have long-standing financial relationships with insurance companies and consistently provide opinions favorable to insurers regardless of medical evidence.
Protecting Yourself During the Investigation Process
While our legal team works to expose insurance company misconduct, there are steps you can take to protect yourself during the investigation process:
Document Everything
Keep detailed records of all interactions with the insurance company, including phone calls, letters, and requests for information. Document how your disability affects your daily activities and work capabilities.
Be Cautious with Social Media
Limit your social media activity during the claims process and be aware that insurance investigators may be monitoring your online presence. Consider adjusting privacy settings and avoiding posts that could be misinterpreted.
Understand Your Rights
You have the right to know when surveillance is being conducted and to challenge improper investigation tactics. Work with experienced disability attorneys who understand how to protect your rights during the claims process.
Maintain Consistent Medical Treatment
Continue following your treating physician’s recommendations and maintain consistent medical care. This creates a strong medical record that supports your disability claim and makes it harder for insurance companies to question your condition.
Fighting Back Against Insurance Company Misconduct
The insurance industry’s systematic approach to discrediting disability claims represents a betrayal of the trust policyholders place in their insurers. When you pay premiums faithfully for years, you deserve fair treatment when you need to file a claim. Unfortunately, getting fair treatment often requires legal action to expose and challenge insurance company misconduct.
At Kantor & Kantor, we have made it our mission to level the playing field for disability claimants. Through aggressive investigation of insurance company tactics, comprehensive discovery procedures, and skilled litigation strategies, we hold insurers accountable for their misconduct and fight to secure the benefits our clients deserve.
If your disability claim has been denied or you are facing intrusive investigation tactics from your insurance company, do not face them alone. The evidence we have uncovered through years of litigation reveals the extent of insurance industry misconduct, but it also provides a roadmap for fighting back successfully.
Contact Kantor & Kantor today at 818-886-2525 to learn how our experience investigating the investigators can make a difference in your disability claim.
