If you’ve filed a long-term disability (LTD) claim and feel like you’re being watched, that concern may be justified. Insurance companies routinely use surveillance to justify denying or terminating disability benefits, even when claimants are legitimately unable to work.
At Stewart Lee Karlin Law Group, PC, we represent individuals whose ERISA long-term disability claims were unfairly denied or terminated based on misleading surveillance evidence. Understanding how insurers use surveillance — and how to respond — is critical to protecting your benefits.
Why Insurance Companies Use Surveillance in LTD Claims
Most employer-provided long-term disability policies are governed by ERISA. Under these plans, insurance companies have broad discretion and a strong financial incentive to reduce or eliminate benefit payments.
Surveillance is used to:
- Create doubt about the severity of your condition
- Claim inconsistencies between reported limitations and observed activity
- Justify denial without relying on treating physicians
- Terminate benefits after a claim has already been approved
Surveillance does not need to prove fraud to be damaging. Even short, carefully edited clips can be used to support a denial.
What Surveillance in Long-Term Disability Claims Looks Like
Surveillance is rarely disclosed upfront. It may include:
In-Person Video Surveillance
Private investigators may record you:
- Leaving your home
- Driving
- Carrying items
- Walking short distances
- Attending appointments
Insurers often argue these activities show an ability to work full-time, even when they do not reflect sustained or consistent capacity.
Social Media Monitoring
Insurance companies regularly review public and private posts on:
- TikTok
Photos or comments taken out of context can be used to challenge your claim.
Activity Comparison
Surveillance footage is compared against:
- LTD claim forms
- Physician statements
- Functional Capacity Evaluations (FCEs)
Any perceived discrepancy may be cited as grounds for denial.
Why Surveillance Evidence Is Often Misleading
Surveillance rarely captures:
- Pain levels
- Cognitive impairment
- Medication side effects
- Recovery time after activity
- The difference between limited activity and sustained work
A short video clip does not establish the ability to perform full-time employment, yet insurers frequently rely on that assumption.
What to Do If You Suspect Surveillance
If surveillance may be impacting your LTD claim, take action immediately.
Be Accurate and Consistent
Describe your limitations honestly and consistently across medical records, claim forms, and daily activities.
Limit Social Media Exposure
Avoid posting photos or updates that could be misinterpreted, even if they reflect isolated or good days.
Follow Medical Recommendations
Failure to follow treatment plans is often used to undermine disability claims.
Speak With an ERISA Long-Term Disability Lawyer
Once surveillance appears in your claim file, it must be addressed during the administrative appeal. Under ERISA, the administrative record is often the final opportunity to submit evidence.
How an ERISA Lawyer Challenges Surveillance Evidence
At Stewart Lee Karlin Law Group, PC, we address surveillance-based denials by:
- Demonstrating how footage is taken out of context
- Submitting detailed treating physician statements
- Using vocational evidence to distinguish daily activity from work capacity
- Strengthening the administrative record before appeal deadlines
- Holding insurers accountable to ERISA requirements
Properly challenged, surveillance evidence often fails to justify denial.
Surveillance and Termination of Approved Benefits
Surveillance is frequently used after a claim has been approved, particularly once benefits become costly. A sudden investigation often precedes benefit termination.
If surveillance appears without explanation, it is important to seek legal guidance immediately.
Denied or Terminated LTD Benefits Due to Surveillance
If your long-term disability benefits were denied or terminated based on surveillance:
- ERISA appeal deadlines apply
- You may only have one opportunity to submit evidence
- Delay can permanently harm your case
Contact an ERISA Long-Term Disability Lawyer
If your long-term disability claim is under surveillance or has been denied, legal representation matters.
Stewart Lee Karlin Law Group, PC represents individuals in ERISA long-term disability claims and appeals, including cases involving surveillance, insurer bias, and improper benefit terminations.
Contact the firm today to discuss your claim and protect your rights before critical deadlines expire.
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