Cigna disability video surveillance is common but hiding the results is not
What is Cigna disability company trying to hide from its own insured? Why would Cigna refuse to release all video surveillance and fail to release information about its relationship with a hired physical therapist? It’s unfortunately either an intentional act or the product of unqualified Cigna employees that are being asked to make the claim decisions on short term and long term disability claims.
It is not uncommon for a disability insurance company to conduct video surveillance during the course of a disability insurance claim, and use that surveillance to deny long term disability benefits. Disability insurance companies are also known to send claimants, who file disability claims, to independent medical examinations, also known as IMEs, and functional capacity examinations, often referred to as FCEs. One would hope that the doctor or therapist selected by the disability insurance company, or its third party vendor, would be truly independent, objective and not bias, however, this is not often the case.
Did CIGNA Fail To Release Copies Of All Video Surveillance Tapes?
In both ERISA and private disability insurance cases it is important for the attorneys representing the claimant to obtain from the disability insurance company, all of the surveillance tapes, as well as information relating to the relationship between the insurance company and its hired guns/expert consultants. Of course, most insurance companies do not easily volunteer this information or simply hand documentation and information over on a silver platter. Sometimes, as occurred recently in a case involving CIGNA, the disability insurance company will deny that it has further surveillance video of the claimant, when it in fact did, and should have produced same to the claimant upon request.
In Brice v. Life Insurance Company of North America, the claimant/plaintiff, Charles Brice, was employed as a general manager with Northwest Airlines at San Francisco International Airport. While at work one evening he slipped and fell on a concrete floor reinjuring and exacerbating a spinal condition for which he had undergone three previous unsuccessful back surgeries. Unfortunately, after his fall, Mr. Brice’s pain and discomfort were so severe that he was unable to return to work and was forced to file a claim for long-term disability benefits through his employer’s group long-term disability insurance policy with CIGNA.
Initially, CIGNA approved Mr. Brice’s long-term disability claim and paid his claim for a period of nearly 8 years before it decided to hire a private investigator and place Mr. Brice on video surveillance. CIGNA also demanded that Mr. Brice undergo a functional capacity examination (FCE) conducted by a physical therapist of their choice. Following its review of the video surveillance and the results of its therapist’s FCE report CIGNA decided to terminate Mr. Brice’s long-term disability benefits after 8 years.
Cigna Refuses To Release Video and Other Information During the Disability Appeal Process
Upon submitting his ERISA administrative appeal with CIGNA, Mr. Brice requested, amongst other things, any missing surveillance videotapes and information regarding CIGNA’s relationship with Select Physical Therapy, specifically the number of referrals made by CIGNA to Select Physical Therapy and the percentage of those referrals in which the therapist or doctor’s recommendation was to deny or grant benefits. CIGNA denied that it possessed any further surveillance video of Mr. Brice beyond what it had already produced, and refused to provide any of the information requested concerning Select Physical Therapy. Unfortunately, CIGNA also denied Mr. Brice’s appeal and upheld its decision to terminate his long-term disability claim.
Court Orders Cigna To Produce Additional Video Surveillance Tapes And Information Regarding Its Relationship With The Physical Therapist It Hired To Conduct FCE
Shortly after CIGNA denied his appeal, Mr. Brice filed a lawsuit in US District Court seeking that CIGNA pay the disability benefits owed to him. Mr. Brice’s California disability insurance attorneys also sought production of the surveillance videotapes which they believed CIGNA possessed but would not produce, as well information relating to CIGNA’s relationship with the physical therapist that it had retained to conduct the FCE. Interestingly, after Mr. Brice’s lawyers filed a court motion to conduct discovery, CIGNA produced additional surveillance tapes, however, did not provide any explanation as to why it had not previously provided the tapes upon request, and did not explain why it had misrepresented that it did not possess additional surveillance tapes of Mr. Brice.
The Court also required that CIGNA produce any documents regarding CIGNA’s relationship with the surveillance facility, as well as depositions concerning the taking any evaluation of the surveillance video. The Court also allowed Mr. Brice to obtain the information and discovery he sought regarding the relationship between CIGNA and the physical therapist it hired, in order to uncover the possibility of any potential bias by the physical therapist.
The conduct and questionable claims handling practices described above are not exclusive to CIGNA, and is actually something frequently encountered when dealing with disability insurance companies. It is not uncommon to request a claim file after an initial denial, and then request it again following a subsequent appeal denial, and discover that there was information or documentation that should have been produced by the disability insurance company following the initial denial but was not.
Sometimes information is mistakenly omitted or left out, but sometimes, as in Mr. Brice’s case, the disability insurance company simply refuses to cooperate and provide information which is the claimant’s right to obtain. This case was not handled by our law firm, but we continue to report all of the cases nationwide so that the unreasonable claims handling actions of disability insurance companies can be stopped.
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Answered Questions by Our Lawyers
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Q: I filed an appeal and lost. Is it worth pursuing?
A: Kim, in my opinion, yes. If you are still within your timeframe to file a lawsuit you have little to lose in t... Read More >
Q: Do I have a case for STD? I was denied twice because a) I hadn't been a fulltime employee for 6 months and b) I had ben on FMLA since Febury.
A: Frank, we would need to see a copy of the denial letter and the policy. Please feel free to contact our office... Read More >
Q: How can I appeal Cigna's decision if there are no written communications explanation the reasons for claim termination?
A: Tret, Cigna will be required by law to provide you with a written denial letter setting forth its reason for t... Read More >
Q: Is there a process for appeals not being responded to in the time given? Also, how do I access my records?
A: SB, ERISA provides 45 days to render a decision on appeal with the possibility of a 45 day extension- basicall... Read More >
Q: Is it worth is to go to court over $2500?
A: Mark, If you have no additional appeals your only option would be to find representation to file a federal law... Read More >
Q: How long will it take Cigna to get back to me? Will my military retiree pay be held against my policy 60%? Will Cigna exploit the disparity in the medical community over my illness?
A: Craig, Unfortunately it can sometime take up to 45 days to receive a decision from Cigna as to your entitlemen... Read More >
Q: Do I have any options to void an agreement I signed? Can Signa offset my SSDI benefits?
A: Donna, I do not know if you would have any avenues to void the agreement you signed. Regardless of agreeing th... Read More >
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A: Linda, If your policy is governed by ERISA you will need to go through the administrative appeal process prior... Read More >
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Our goal is to get your application for disability insurance benefits approved. Applying for disability insurance benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their hired gun doctor.
Through our experience of having helped thousands of disability insurance claimants, our disability insurance lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.
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Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of disability. We encourage you to contact any of our long-term disability attorneys for a free immediate review of your disability denial.
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We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.
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Who are Dell Disability Lawyers?
We are disability insurance attorneys that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.
Our attorneys have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement in more than 98% of our cases. Our disability insurance lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.
We offer disability insurance attorney representation nationwide and we welcome you to contact any of our LTD lawyers for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 900 videos and regularly provide tips to help protect your disability benefits.
Who do you help?
Our disability insurance attorneys help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.
Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.
A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.
Do you work in my state?
Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability insurance lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.
What are your fees?
Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.
The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.
In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.
Do I have to come to your office to work with your law firm?
No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via phone, email, fax, or video conferencing sessions. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.
How can I contact you?
When you call us during normal business hours you will immediately speak with a disability insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.