How Does Video & Social Media Surveillance Affect Disability Claims?

One thing many disability insurance claimants don’t know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens – or even send social media friend requests from fake accounts – to glean whatever information they can about the claimant’s physical limitations and disability symptoms. The experienced attorneys at Dell Disability Lawyers have handled thousands of claims with dozens of different insurance carriers, leaving us familiar with the surveillance tricks they use. What should claimants know about surveillance in long term disability claims to avoid a disability denial?

A disability claimant should have no expectation of privacy on social media from a disability company.

Today, more and more Americans are on social media accounts like Facebook, Twitter, and Instagram. When it comes to your social media accounts, it’s a good idea to live by the mantra, “don’t post anything you don’t want your disability insurance carrier to see.” Even if your posts are limited to friends or connections only, there can be ways for these insurance companies to access them (such as by creating a fake account and sending a friend request). Once there’s a screenshot in your file that reveals any level of inconsistency in your disability application, it’s there for the life of your claim.

You do not need to live in fear of video surveillance if you are always honest about your limitations.

With most long term disability claims, the question around video surveillance is not “if,” but “when.” Because this surveillance is all but impossible to avoid, it’s important for claimants to always be honest and consistent when stating their physical limitations. Claimants may be compelled to exaggerate their symptoms and limitations (or base their questionnaire answers on how they feel on their worst days, not their typical days) to improve the odds that a claim will be approved – but this overstatement can actually improve the odds that your claim will be denied once the video surveillance damages your credibility.

Disability insurance companies conduct video surveillance in order to challenge your credibility.

Video surveillance is most common in claims of total disability. Representatives of the disability insurance carrier may park blocks away and use telephoto lenses to take detailed pictures from a distance. They may also follow you while you go to the grocery store, pick up your kids from sports practice, or head to the airport to leave on a trip. The insurance carrier wants to establish some sort of inconsistency between the statements you made on your claim questionnaire (and your physician has made in your medical records) to give it a reason to deny your claim.

You should never exaggerate or overstate your symptoms or limitations.

Again, it’s crucial not to overstate your limitations to your disability insurance carrier. Once you do, it can be tough to remember what you’re “allowed” to do – and what you can be seen doing. Trying to avoid walking outside or driving for more than a few minutes can be mentally and physically exhausting, whereas being honest about your symptoms and limitations means you can simply go about your normal life without worrying about receiving a claim denial letter for a disability denial.

If your disability claim has been denied you should always request a copy of the video surveillance.

As a disability claimant, you’re entitled to see a copy of your claim file – including any video surveillance that was generated as part of the claims review process. Seeing the video surveillance the long term disability carrier used to deny your claim can give you a better idea of what you’ll need to argue to succeed on appeal. For example, the surveillance may be out of context, outdated, or even of someone else entirely, such as a friend driving your car to go pick up your child from school or get groceries.

If your claim has been denied because of some video surveillance, Dell Disability Lawyers can help you get back on track. Visit our website to read about how we’ve helped others, check out some of our informative videos, and then give us a call to set up a FREE consultation with one of our experienced attorneys.