• Video Surveillance FAQ #2

Why do disability insurance companies conduct secretive video surveillance?

Let’s talk a little bit about why they are doing this video surveillance. Obviously they are not looking to see if you are doing criminal activities. The reason they are looking to doing this video surveillance is to see whether you are doing anything that is inconsistent with what you are telling the disability insurance company that you are not able to do. So, let’s start by actually quoting a line from a recent federal court case that our law firm was handling in which the defense attorney submitted a brief. And in this particular brief, in which they had denied benefits, disability benefits for the client, they said – “The real story is told by the surveillance video which shows the claimant engaged in a variety of activities wildly inconsistent with the claim restrictions and limitations.” So what what are these disability insurance companies really looking for when they hire these outside companies to go out and do a disability video surveillance?

Basically they are only trying to find a way to deny their claim, some type of proof in their eyes they can show to justify to a court if it comes down to that. We are right in doing this, they have been telling this all along, we found they were doing contrary to what they were saying. So there’s never a good intention behind it whatsoever. This whole idea of being inconsistent with what they are allegedly holding out to the insurance company, it’s wish-wash. It’s maybe physical evidence, you can watch it but you don’t get a whole picture. You may get snippets of 6 minutes here and there or a whole hour’s worth of what’s done over the course of a whole week but they will try to hand their head on that to deny the claim and maybe they will send it over to one of their doctors who is going to review it and will say – “based on what she’s held out, based on what I’m seeing here, I don’t think she is incapable of doing her job or doing some form of work or whatever the case may be.”

Comments (6)

  • Gary,

    Yes, Once your daughter(s) are no longer eligible for SSDI, then the disability carrier will pay you the amount that is not longer sent to your daughter(s).

    Gregory Dell Feb 22, 2013  #6

  • Gary:

    Buyouts on Waiver of Premium are rare and usually the offers are for pennies on the dollar. You should do what you need to in order to keep the waiver as once you have a disability it is difficult to get life insurance from any company.

    Gregory Dell Feb 22, 2013  #5

  • If you are on L.T.D. and receiving Social Security with family benefits, 2 daughters and grossing more than the L.T.D pays, when the daughters become to old to receive any more Social Security, is your L.T.D. benefits figured on your newly adjusted monthly Social Security amount?

    Gary Feb 21, 2013  #4

  • I am really tired of struggling to keep my Waiver of Premium for Life Insurance with Cigna due to all the required doctor visits etc. to verify my diability. Is there a buyout option for this type of coverage due to a poor working relationship?

    Gary Feb 21, 2013  #3

  • Charles,

    The short answer is yes, but please check out the following Frequently Answered Question: Can a disability insurance company claim an overpayment for social security disability benefits payable to a child as result of the parent’s disability?

    Gregory Dell Sep 5, 2011  #2

  • Can a long term disability company offset my childrens’ benefit from social security? I just got awarded social security disability and my long term disability insurance will offset my benefit amount from SSDI. But SSDI told me that I can also get benefits for my children, called dependant care or child benefits, from social security paid directly to them. It is their income, but can long term offset that, as well even though it’s not my income?

    Charles Sep 2, 2011  #1

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Questions About Hiring Us

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 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 telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. 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 attorney. We can be reached at 800-682-8331 or by email. Lawyer 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.

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David B.

I was faced with a very difficult situation. Being disabled was bad enough but being accused of faking my condition just added to all the stress, not to mention the obvious financial shortfalls of not being able to work. Soon my claim was cut off. My insurance company had me right where they wanted me.

I have come to learn that the laws that apply to large insurance companies have been lobbied by them. The deck is stacked against the claimant. I also learned that when you make an appeal to your insurance company that is your whole case. If you go to trial, ERISA laws are in place to make your appeal your whole argument and it can’t be added to after the fact. Your initial appeal is vital if you are to succeed.

Your appeal is key. There is no doubt in my mind that had I tried to take my insurance company on by myself they would have prevailed without having to pay anything. I would have fallen into the trap that is set by them.

Dell & Schaefer’s very capable attorney Rachel Alters put a strong case together and knew all the potential pitfalls. Rachel was very patient with me and worked methodically to compile an 800 page appeal. We were able to beat them at their own game. I was able to receive a significant settlement because the case had been made on the terms that the law requires.

I can not stress enough the need for strong representation when and individual goes up against these huge companies with unlimited funds to fight paying what they should.

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