kotak: social media posts could impact your short or long-term disability claim
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insurance companies may also look for photographs, personal web pages, employment status updates and communication with others, where contradictory information could be used as evidence against your disability claim.
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it may sound like the plot of a paperback thriller or a csi episode, but are you aware your social media posts can negatively impact your claim for short or long-term disability compensation?
part of the process of any disability claim involves an insurance company investigating claims made by injured victims.
surveillance is a common tactic deployed by insurance companies to assess the validity of a claim and determine whether your reported limitations are consistent with your actual activities. it can be used to deny your claim or reduce the compensation paid out.
insurance companies often hire private investigators to watch disability claimants over a certain period of time. when conducting surveillance, private investigators can take photos and videos of the claimant from public property, since there is no reasonable expectation of privacy.
once you leave your home, an investigator will watch your movements, which can include recording trips to the store, socializing with friends, any type of yard work, playing with grandchildren or driving to appointments. the investigator will be looking for how often you leave your home, what you are doing when you leave, and every detail of how you conduct yourself in public can be recorded.
insurance companies may also look for photographs, personal web pages, employment status updates and communication with others, where contradictory information could be used as evidence against your disability claim.
so if you’re off work due to a back injury, but the investigator records a video of you helping your brother build a deck — or you proudly post photos of your deck handiwork on facebook – your claim may be jeopardized. similarly, innocent play with grandchildren could show your physical abilities are less impaired than you claim them to be.
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even leaving the house for an errand can be problematic. are you seen returning carrying anything, such as a handbag or heavy groceries? were you using a cane or brace, were you wearing sensible shoes or high heels?
here are some steps that can be taken to reduce the chance of surveillance discrediting your disability claim:
- be transparent with the insurance company and doctors about the physical and psychological symptoms of your disability. you don’t want any contradictory information to be used against you. if your doctor recommends short walks to a nearby park, but you’ve told your insurance company you are housebound, your credibility will be questioned;
- be aware that surveillance may most likely be conducted leading up to claim-related appointments such as mediation, and that insurers may also surveil you even though you are approved for long-term disability;
- use strict privacy settings on social media, as posts could be subjected to surveillance. insurance companies can ask a judge to order production (review) of the content, but there’s more expectation of privacy if the account is set to private;
- think twice about posts on social media accounts such as facebook, instagram, twitter, tiktok and linkedin, as your insurer will be looking for inconsistencies in your reported activities, restrictions and limitations;
- live your life the way you normally would, but be aware of how your social media posts could be used against you. make sure your social media posts are consistent with your functional abilities.
keep in mind that insurance companies spend millions of dollars a year to conduct surveillance on claimants receiving benefits, since it is in their interest to maintain profitability for their shareholders by denying claims and dispersing minimum payouts.
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of course, the use of surveillance in disability claims must comply with privacy laws and regulations, and the evidence collected must be relevant and admissible in the claims process. surveillance evidence collected can be misconstrued and used unfairly against legitimate claims.
you can protect your rights and ensure fair compensation is paid on your disability claim by being aware, forthright and social media savvy.
nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he also serves as the chair of the long-term disability section of the ontario trial lawyers’ association.
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