Why Did My Disability Insurance Company Hire a Surveillance Company?

One of the most unsettling moments in a long-term disability claim occurs when a claimant discovers that their disability insurance company has hired a private investigator to conduct surveillance.

Many people are shocked to learn that they are being watched. Some notice unfamiliar vehicles parked outside their home. Others discover surveillance footage in their claim file after receiving a denial or termination letter. Regardless of how it happens, the experience can feel invasive and intimidating.

If your disability insurance company has hired a surveillance company, it does not necessarily mean that you have done anything wrong. In fact, surveillance has become a routine part of many disability insurance investigations.

Understanding why insurance companies use surveillance—and how that evidence is often misinterpreted—can help protect your claim and your benefits.

Why Do Disability Insurance Companies Conduct Surveillance?

Disability insurance companies are businesses. Their goal is to evaluate claims and determine whether they should continue paying benefits.

From the insurer’s perspective, surveillance is a tool used to verify whether a claimant’s reported limitations are consistent with their observed activities.

Insurance companies often hire private investigators when:

• A claim has been approved for a long period of time.
• The claimant has a condition involving subjective symptoms such as chronic pain, fatigue, dizziness, or cognitive impairment.
• The insurer is approaching a change in the policy’s definition of disability.
• The insurer is considering terminating benefits.
• The claimant has reported severe restrictions that the insurer wishes to challenge.
• The insurance company believes there may be inconsistencies in the medical records.

In many cases, surveillance is conducted simply because the claim has become expensive.

What Does Disability Surveillance Look Like?

Most surveillance is far less dramatic than what people see in movies.

Typically, an investigator will monitor a claimant’s home and follow them in public places. The investigator may record video footage of activities such as:

• Driving
• Walking
• Shopping
• Carrying groceries
• Attending appointments
• Performing yard work
• Exercising
• Running errands

Investigators may also review social media accounts and publicly available online information.

Surveillance generally occurs in public locations where there is no reasonable expectation of privacy.

The Biggest Misconception About Surveillance

Many claimants believe that because they were observed performing a particular activity, their benefits must be in jeopardy.

That is not necessarily true.

The reality is that disability policies do not require claimants to remain bedridden or incapable of performing any activity whatsoever.

A person suffering from chronic pain may be able to carry groceries for five minutes but be unable to sit at a desk for eight hours.

A person with Ménière’s disease may have good days and bad days.

Someone with multiple sclerosis may be able to attend a family event but be unable to sustain full-time employment.

A short surveillance video often fails to capture the physical or mental consequences that occur before or after the recorded activity.

How Insurance Companies Use Surveillance Against Claimants

Insurance companies frequently rely on surveillance footage to argue that a claimant’s reported limitations are exaggerated or inconsistent.

For example, an insurer may point to a few minutes of video showing a claimant:

• Walking without assistance
• Driving a vehicle
• Carrying a small package
• Attending a social event

The insurance company may then ask reviewing physicians to conclude that the claimant is capable of returning to work.

Unfortunately, surveillance footage is often presented without important context.

A five-minute video clip rarely reflects the reality of a person’s daily functioning, pain levels, fatigue, cognitive deficits, or recovery time after performing an activity.

Conditions Frequently Targeted for Surveillance

Surveillance is particularly common in claims involving conditions that are difficult to measure through objective testing.

These include:

• Fibromyalgia
• Chronic fatigue syndrome
• Long COVID
• Chronic pain disorders
• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)
• Migraine disorders
• Ménière’s disease
• Cognitive impairment
• Traumatic brain injury

Because these conditions often involve symptoms that fluctuate from day to day, insurers may attempt to use isolated observations to challenge a claimant’s credibility.

What Should You Do If You Suspect Surveillance?

If you believe you are being followed, do not panic.

Most importantly, continue living your life honestly and consistently with your medical restrictions.

Some practical recommendations include:

Follow Your Doctors’ Recommendations

Always adhere to the restrictions and limitations outlined by your treating physicians.

Avoid Exaggerating Symptoms

Insurance companies often look for discrepancies between what a claimant reports and what is observed during surveillance.

Being truthful and accurate about your limitations is essential.

Be Careful on Social Media

Photographs and social media posts are frequently reviewed alongside surveillance footage.

A single image may not tell the full story and can easily be taken out of context.

Contact an Experienced Disability Attorney

If surveillance footage has been used to deny or terminate your claim, an experienced disability attorney can review the evidence, analyze the insurer’s conclusions, and develop a strategy to challenge the decision.

Attorney Justin C. Frankel’s Perspective

One of the most common mistakes I see is when disability insurance companies attempt to transform a brief surveillance video into proof that a claimant can work full-time.

The ability to perform a short activity does not automatically translate into the ability to sustain competitive employment eight hours a day, five days a week.

In many cases, surveillance footage actually supports a claimant’s disability when viewed in the proper context and compared to the medical evidence.

The key is ensuring that the insurance company does not control the narrative.

An experienced disability attorney can help place surveillance evidence into its proper context and demonstrate why isolated observations do not undermine a legitimate disability claim.

Contact the Law Office of Justin C. Frankel, P.C.

If your long-term disability insurance company has conducted surveillance, denied your claim, or terminated your benefits based upon surveillance footage, you should seek legal advice as soon as possible.

At the Law Office of Justin C. Frankel, P.C., we represent disability claimants nationwide in ERISA and individual disability insurance matters. We understand the tactics insurers use and know how to challenge unfair claim denials and benefit terminations.

If you have questions about surveillance in your disability claim, contact us today for a free consultation.

Justin C. Frankel is the founder of the Law Office of Justin C. Frankel, PC, a Long Island, New York headquartered law firm representing clients nationwide in disability insurance claims. For more information please go to our website www.jfrankellaw.com.