Getting Long-Term Disability Benefits In Florida? How Insurers Use Surveillance And What You Can Do About It

If you receive long-term disability (LTD) benefits in Florida, you might be surprised to learn that your insurance company could be monitoring your activities. LTD insurers have a vested interest in minimizing payouts and employ surveillance tactics to determine whether you’re still disabled and entitled to benefits.

Surveillance can take many forms, ranging from private investigators monitoring your daily movements to social media tracking. Our Jacksonville long-term disability explains more about why insurers use surveillance and the steps you can take to protect your rights.

Why Insurers Use Surveillance In Florida LTD Claims

The Centers for Disease Control and Prevention (CDC) reports that close to six million people in Florida have some type of disability. Impairments that impact mobility and cognitive functions are the most common and can prevent you from working.

Long-term disability insurance, available either through your employer or a private carrier, can help offset your losses. However, be aware that LTD insurers often use surveillance to confirm that you meet the definition of “disability”.

While most policies define disability as the inability to work due to a medical condition, insurers want to verify that you are experiencing the limitations you claim. Surveillance is often used to:

• Discredit your doctor’s opinion about your condition;
• Find evidence that you are not following prescribed treatment plans or medications;
• Prove you engage in activities that contradict your disability claims, such as performing physically demanding work around your house or exercising;
• Reduce or terminate benefits if they believe you’ve recovered or misrepresented your condition.

Keep in mind that insurers are always looking for ways to reduce payouts. Surveillance is a significant tool in gathering evidence to dispute or deny your claim.

How To Protect Yourself Against Florida LTD Insurer Surveillance

Under the Florida Statutes, insurers are within their rights to use surveillance in investigating claims. Surveillance may include photographs, videos, drone footage, and information gathered by speaking with witnesses and reviewing social media accounts.

While LTD insurers have the right to investigate claims, they cannot violate your privacy or misinterpret your condition. The following are steps you can take to protect yourself and your rights to benefits:

• Maintain detailed medical records, including doctor’s notes, test results, and prescriptions;
• Avoid discussing your condition or your activities;
• Keep a personal log of symptoms and daily limitations to provide context for any surveillance footage;
• Set social media settings to private, prevent tagging in photos, and do not accept any new or unknown friend requests;
• Avoid engaging with investigators or offering them any personal information.

To Protect Your Benefits, Contact Our Experienced Florida Long-Term Disability Lawyer

Insurers often use evidence gained through surveillance to deny and dispute long-term disability claims. Farrell Disability Law provides trusted legal guidance and the professional representation you need in dealing with these companies.

We protect clients throughout the Jacksonville and Orlando areas and fight to get you the benefits you are entitled to. Call or contact us today and request a consultation with our experienced Florida long-term disability lawyer.

Sources:

cdc.gov/dhds/impacts/index.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.70131.html