Surveillance and Long-term Disability FAQ

It is an unfortunate reality that when you apply for long-term disability (LTD) benefits, insurance companies do perform different kinds of surveillance on claimants. When this happens, insurance companies are walking a fine line between what is legal and what is not.

The disability lawyers for Canada at Samfiru Tumarkin LLP have created the FAQ below to answer commons questions about long-term disability claims and surveillance.

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Can my insurance company perform surveillance on me if I apply for LTD, or if I am receiving LTD?

The short answer is yes. It is a legal way for the insurance company to “spy” on you if they suspect that you are not really disabled from working. This may seem like an invasion of privacy, and it absolutely feels that way to many. However, it is legal, up to a point.

Insurers hire private investigators and ask them to find out whatever they can about you. Investigators will follow you, and record your actions through photographs and videotape. Their goal is to get any useful information that can help them deny your LTD or cut off your benefits.

There are things you can do to protect yourself from surveillance, and there are limits to what the insurance company is allowed to do when it comes to surveillance.

WATCH: Disability lawyer and partner James K. Fireman discusses surveillance and long-term disability claims on Season 3 Episode 32 of the Disability Law Show.

What kinds of surveillance can the insurance company do?

There are several types of surveillance insurers typically like to perform on claimants. The three basic types of surveillance insurance companies ask investigators to perform are:

1. Video and Photographic Surveillance

This is the most common type of surveillance insurance companies ask private investigators to perform. Basically, the investigator is given your private information by the insurer (name, address, etc.) and the investigator follows you with a camera, hoping to catch you doing things that may make it look like you are not disabled.

For example, they may follow you driving, shopping, or picking up your children from school. They may follow you for several days in a row, or on several non-consecutive days. Private investigators know that most people like to go outside during long weekends and when the weather is good (i.e., summertime, around holiday time, etc.), so they will try to arrange to follow you then.

2. Social Media Surveillance

Private investigators will try to access your social media profiles on platforms such as Facebook, Instagram, TikTok, etc. They will try to download and print any posts you put up that may make it seem like you are not disabled such as attending celebrations (birthdays, weddings, etc.), going on vacation and performing physical activity (such as helping someone move, playing sports, etc.)

3. Data Surveillance

Data surveillance includes running a check on your driver’s license, searching court databases to see if you are a frequent litigant in court, and just googling your name to see what comes up and in what context. Again, the goal is to gather as much information as possible about you for the insurance company so they can pick and choose what to use against you.

Are there any limits to the surveillance that insurance companies do?

Absolutely. Private investigators are not allowed to communicate with you or contact you directly. They are not allowed to try and contact your friends, colleagues, co-workers, etc. These individuals do not have to speak with the investigator.

Investigators are also not allowed to harass you or interact with you in any way. However, following you or parking outside your home is likely not considered “harassment” since the investigator is on public property. That said, although the investigator may photograph and videotape you while outside on public property, filming you inside your home (through a window) may arguably constitute invasion of privacy.

Private investigators cannot get a warrant to alter your privacy settings on your social media accounts in order to gain access to them. They can only access what is available to the public at large. Keep that in mind. They also cannot do any data searches on you beyond what is available to the public or through common services and facilities, such as a driver’s license search, etc.

What can I do to protect myself from unwanted surveillance?

There are three things you can do to protect yourself from the insurance company’s unwanted surveillance.

1. Assume they are surveilling you

Assume that if you have applied for LTD, or are receiving LTD, your insurer has likely, or will likely, order surveillance on you. This is very common so you should be mentally prepared for it.

2. Be mindful of your actions

Be mindful of your actions, where you go and who you interact with because a private investigator may very well be filming and photographing you.

3. Be careful what you post

Be very careful of what you post online on any social media platform. Investigators will most certainly try to see if you have posted anything that contradicts or seems to contradict the fact that you are disabled.

Turn your privacy settings on to limit access to anyone outside your circle of friends and family, or consider stop posting altogether. This is obviously completely up to you but be very careful what you post because investigators will try to download anything that maybe helpful to the insurer.

4. Do not be intimidated

Do not be afraid or intimidated by the prospect of being under surveillance. You are disabled and your doctors support you being off work. You have not done anything wrong. Live your life but be mindful of the fact that your insurer will most likely, at some point, hire a private investigator to do surveillance on you.

What can I do if the insurance company denies my LTD claim, or cuts off my benefits because of surveillance?

If you are denied or cut off LTD because of surveillance, you should do the following two things:

1. Don’t panic

Stay calm. Using surveillance to deny LTD or cut off benefits is a common tactic used by insurers. In our experience, surveillance rarely shows what the insurance company claims that it shows. There is almost always an explanation for what is seen on the video or photographs.

2. Talk to an experienced disability lawyer

Contact us immediately. The disability lawyers at Samfiru Tumarkin LLP have years of experience resolving cases with insurance companies where surveillance was used as an excuse by an insurer to deny LTD or cut off LTD benefits.

WATCH: Global News reports on abused Barrie teacher Julie Austin, who was compensated $113,000 in a settlement against Ontario Teachers Insurance Plan (OTIP) after her LTD claim was cut off. Disability lawyer James K. Fireman, partner at Samfiru Tumarkin LLP, explains why OTIP’s surveillance of Austin backfired and actually helped to establish her legitimate claim for disability benefits.

Questions? Concerns? Contact Us!

If you are experiencing an issue anywhere in Canada (excluding Quebec) with your long-term disability claim, your employer or the insurance company, we’re here to help. Call our team at 1-855-821-5900, email Help@DisabilityRights.ca, or contact us online for a FREE consultation.

You can also post your specific question about your long-term disability claim online for a quick answer by a disability lawyer at Samfiru Tumarkin LLP, at MyDisabilityQuestions.com.

As Canada’s most positively reviewed disability law firm, we have the experience, tenacity and determination required to provide you with the advice you need, and the compensation you deserve.