summer surveillance: how insurance companies can monitor your long-term disability claim
3 minute read
the summer season is prime time for being outdoors, which can make it easier for injury claimants to be surveilled in a way that harms their claim.
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while the summer sun invites outdoor activities and social gatherings, disability claimants should proceed with caution. insurers routinely use this season to conduct covert physical surveillance and monitor social media, looking for brief moments of activity to terminate vital disability benefits.
being watched, filmed or followed is unsettling. everyday tasks, from buying groceries, attending a family event, or driving to an appointment, can suddenly feel risky. if you’ve ever wondered whether you’re being watched, or worried that normal activities could be used against you, you’re not alone.
how surveillance works
any insurance company can hire a private investigator to observe, photograph or record a claimant’s activities in public spaces. the goal is to gather evidence that could be used to question the severity of your condition and justify denying or terminating your benefits. it is especially common in warm-weather months, when people typically spend more time doing outdoor activities.
the surveillance can include video recordings or photographs taken outside your home, footage of you running errands, driving, doing yard work, playing with kids at a family gathering, attending appointments, or observations of your behaviour at social gatherings, stores or community events.
say you’re off work due to a back injury. if an investigator records you helping build a deck or you post photos of your own deck project on facebook, that footage can become a problem.
insurers frame this as a tool to verify whether a claimant’s reported limitations match their real-world activities. however, it is worth remembering that surveillance footage is often selective, incomplete, and taken out of context to build a case against you. in many cases, it amounts to a broad “fishing expedition” for material that can be used to challenge your claim.
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what triggers surveillance
surveillance is more common when:
- a claim has been active for a long period.
- the disability involves conditions that are difficult to measure objectively, such as chronic pain, fibromyalgia, fatigue or mental health disorders.
- the policy is approaching a key date, such as the 24-month “change of definition” from own occupation to any occupation.
- the insurer is actively seeking cost-cutting opportunities.
a brief, edited clip of you carrying groceries or attending a family barbecue may be presented as “proof” that you are capable of full-time employment while ignoring pain, fatigue, symptom flare-ups and recovery time.
insurers often review public content on platforms such as facebook, instagram, tiktok and linkedin. your photos, videos, captions, comments and check-ins can all be taken out of context. at minimum, use strict privacy settings on social media.
however, surveillance is only one piece of evidence and must be weighed against the full medical record. this includes opinions from treating doctors and specialists, medical records and clinical findings, functional limitations over time, and the consistency of the evidence as a whole.
what to do if you’re targeted
if your benefits have been terminated due to surveillance, don’t panic. continue living your life honestly and within your doctors’ restrictions. continue to follow medical advice and adhere consistently to recommended limitations. and keep a symptom diary, documenting pain levels, fatigue, flare-ups and recovery time.
with proper legal guidance, surveillance-based denials can be challenged, and many are successfully overturned with the right evidence.
nainesh kotak is the founder of kotak personal injury law, a firm focused on protecting clients’ rights to justice and obtaining the compensation they deserve. he serves as vice president of the ontario trial lawyers’ association and acting regional lead for the central west region on the justice of the peace appointment advisory committee, and was formerly chair of otla’s long-term disability section.
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