Disability Surveillance After Filing A Claim
Disability insurance companies are always on the lookout for fraudulent claims. They comb through medical records looking for inconsistencies. They often require claimants to submit to so-called “independent medical examinations” (IMEs) with doctors the insurance company hires over and over again. Many claimants are told they must attend interviews with insurance company field investigators and are sent questionnaires to fill out that the insurer will then scrutinize in order to find information potentially damaging to the claim. In some cases, the insurance carrier may conduct video surveillance or collect data via the internet to get evidence that it can use to justify denying a claim or cutting off benefits.
At Roboostoff & Kalkin, our mission is to help people with genuine disabilities get the insurance benefits they are entitled to and have paid for. As part of our services, we advise clients regarding the potential perils of insurance surveillance and how they can minimize the possibility of putting damaging information into the hands of insurance companies. In cases where surveillance has been conducted prior to our involvement, we can take steps to help ensure that the insurance company or the judge hearing your case is provided with a realistic picture of your true functional capacity.
If you have a disability claim, do not take chances. Contact us for a free consultation about your case.
Protect Yourself And Your Claim
To an insurance company, a disability case can represent a potential liability of hundreds of thousands of dollars, or more, over the lifetime of the claimant. It is in the company’s best interests to deny a disability claim if it can, or terminate benefits as soon as possible. It will take active measures to do so. This can include video surveillance designed to observe you at home, while running everyday errands, or as you partake in leisure activities with your family. The insurer may also look at social media, such as Facebook or LinkedIn, for evidence that your disability is not as severe as you claim, or as restricting as you say it is.
Attorneys Scott Kalkin and Constantin Roboostoff can explain the various steps you can take to protect your claim and help you preserve your ability to obtain disability benefits.
Have They Already Observed You?
Let’s say an insurance company has already observed you driving your car, going grocery shopping or participating in some other physical activity. It then compares these activities to the restrictions and limitations you have listed in the claimant questionnaire you were required to fill out. Can they now deny your claim? It’s possible, but our firm may be able to prevent this by gathering additional evidence that would provide a more comprehensive picture of how your symptoms affect your ability to function on a long-term basis. While the evidence must be tailored to the facts of a specific case, it might include things such as statements from witnesses who have observed you over long periods of time, or a review of the video by your doctor, accompanied by his or her opinion of the diagnostic relevance of the surveillance.
At Roboostoff & Kalkin, we have represented clients in disability claim matters for many years. We work proactively to protect our clients’ rights.