It’s time to talk surveillance. When an employee obtains long term disability benefits, they often wonder whether an investigator has been hired to follow them around the grocery store. This can be both incredibly frustrating and many people tend to feel violated by such tactics, but here are the three key factors you should keep in mind if you’re under surveillance.
- KEY FACTOR 1: The definition of whether or not someone is disabled is in the policy, and will not change based on surveillance video. Just because someone video taped you picking up a can in the grocery store does not mean that the definition of your particular disability changes.
- KEY FACTOR 2: Do not panic about surveillance. There is a good chance that the surveillance footage may actually strengthen your plan so long as you follow the third Key Factor below.
- KEY FACTOR 3: Be honest with your insurance company. The basic rule of thumb is to be completely honest when applying for long term disability benefits. If you cannot lift more than 50 pounds then make sure that limitation is conveyed to the insurance company. If you can lift more than 50 pounds, you should avoid performing that activity. Many insurance companies rely on the investigator’s report rather than actually watching surveillance footage and this can come back to haunt them in the long run. If you take a look at our ERISA Case Law Page, there is a case called Solnin v. Sun Life & Health Ins. Co., where Ms. Solnin won her case because 17 days of surveillance compiled over 10 years of surveillance of Ms. Solnin only showed proof that she was disabled and was honest about her limitations.
Did you or someone you know receive long term disability benefits and now believe that you or that someone are under surveillance by the insurance company? If you would like to speak with a long term disability attorney, Kotlyarov Law Group is proud to represent our ERISA long term disability clients and help them deal with all aspects of having their disability, including surveillance. You are welcome to contact us by calling (913) 725-0735.