Dealing with a disability can be an arduous journey, one filled with emotional and financial strain. If you find yourself in the position of filing a disability claim, you may be surprised to learn that your insurance company could be closely monitoring your activities.
The American Bar Association claims that surveillance in disability claims has become an increasingly common practice, raising questions about privacy, ethics, and the impact on claims. At Kantor & Kantor, LLP, we understand the intricacies of these situations, and we’re here to provide clarity on what you need to know.
How Insurance Companies Conduct Surveillance
Insurance companies have a vested interest in verifying the validity of disability claims. To that end, they may employ various methods of surveillance to gauge a claimant’s level of disability. Here are some common tactics:
- Video Surveillance: One of the most common forms of surveillance is video monitoring. Insurance companies may hire private investigators to record claimants in their daily lives. This footage can be used to determine whether the claimant’s activities correspond with the severity of their reported disability. For instance, an individual claiming to experience debilitating fatigue might be observed closely during everyday activities like grocery shopping or attending social gatherings.
- Social Media Monitoring: In our digital age, social media has become a crucial part of many people’s lives. Insurance companies may scrutinize claimants’ social media accounts to gather evidence that contradicts their claims. Posts showcasing an active lifestyle, vacations, or significant social interactions could be interpreted as indicators that the claimant is not, in fact, disabled.
- Interviews and Statements: Insurance adjusters may conduct interviews to ask about daily activities, medical history, and the impact of the disability on the claimant’s life. The information gathered can serve as a basis for further investigation, potentially leading to surveillance if there are discrepancies in the claimant’s statements.
- Background Checks: Insurance companies might conduct thorough background checks, including speaking with friends, family, current and former employers, and even neighbors. This approach is often taken to build a broader picture of the claimant’s lifestyle and limitations.
The Impact of Surveillance on Your Claim
Insurance surveillance can have serious ramifications for your disability claim. If the surveillance captures footage or reveals information that the insurance company interprets as contradictory to your claims, it may lead to the denial of benefits. The insurer may argue that you are capable of performing your job or that your disability does not impede your daily activities as described.
Knowing that you could be under surveillance can contribute to feelings of paranoia and anxiety. This additional stress can exacerbate your health condition, creating a vicious cycle of worry and health challenges.
If you believe your privacy has been invaded or that surveillance was conducted improperly, it may lead to legal action against the insurance company. Navigating these complex legal waters can be overwhelming without proper legal representation.
Tips for Protecting Your Privacy
While surveillance can be a legitimate practice by insurance companies, there are steps you can take to protect your privacy:
- Limit Social Media Exposure: Be mindful of what you share online. Use privacy settings to limit who can view your posts, and consider refraining from sharing anything that might contradict your claims. If you doubt whether you should post something or not, don’t do it.
- Maintain Consistency: Ensure that all statements you make to your healthcare providers and insurance adjusters are consistent and truthful. Any discrepancies can lead to scrutiny and potential surveillance.
- Be Cautious in Public: While you should not change your lifestyle out of fear, it’s important to be conscious of your activities in public spaces. If you are claiming significant limitations, ensure that your visible actions don’t contradict that claim.
- Know Your Rights: Familiarize yourself with privacy laws and your rights as a claimant. If you feel your privacy has been violated, you may have legal recourse.
- Consult with an Attorney: If you suspect you are being surveilled or if you have questions about how to manage your claim, consulting with an experienced disability attorney at Kantor & Kantor can provide you with the guidance you need to navigate complex insurance processes.
Frequently Asked Questions About Surveillance in Disability Claims
Can insurance companies legally surveil me?
Yes, insurance companies can legally employ surveillance to verify the legitimacy of disability claims; however, they must do so within the bounds of state and federal privacy laws.
How will I know if I’m being surveilled?
It can be difficult to know definitively if you are being surveilled. However, unusual patterns of questioning by your insurance adjuster or sudden claim denials may raise suspicions.
What should I do if I suspect I am under surveillance?
If you suspect surveillance, document your concerns, maintain consistent records regarding your health, and consult with an attorney who specializes in disability claims for further guidance.
Can I use video footage against the insurance company?
If you capture surveillance footage of investigators, it may be useful in demonstrating the lengths to which the insurance company has gone, especially if their methods were overly invasive.
What are my rights regarding surveillance?
You have the right to privacy and a fair claims process. If you believe your privacy has been violated, consider discussing the situation with a legal expert to explore your options.
Experienced Disability Claims Assistance
Awareness of insurance companies’ tactics and understanding how to protect yourself can empower you during the claims process. At Kantor & Kantor, LLP, we’re committed to ensuring that your rights are respected and you receive the benefits you deserve.
If you have concerns about your claim or believe you have been treated unfairly, don’t hesitate to contact our experienced team for assistance.
