Posted on Tuesday, December 16th, 2025 at 7:20 pm
Insurance companies spend millions of dollars annually on surveillance to investigate disability claims. If you’ve filed for long-term disability (LTD) benefits, you may already be under investigation. Understanding how insurance companies use video surveillance and other monitoring tactics can help you protect your claim. This guide explains the disability surveillance insurance company methods used, what investigators look for, and the steps you should take if you suspect you’re being monitored.
Why Insurance Companies Conduct Surveillance
Insurance companies are for-profit businesses. Their primary goal is to minimize payouts and protect their bottom line. To do this, they investigate disability claims to find reasons to deny or terminate benefits. Surveillance is one of their most common investigation tools.
Surveillance is legal in Pennsylvania and most states, as long as investigators adhere to specific guidelines. They cannot trespass on private property, use wiretapping, or violate your reasonable expectations of privacy. However, they can film you in public places and monitor your social media accounts.
Insurance companies typically place claimants under surveillance when they suspect inconsistencies between reported limitations and observed activities. This is especially common for claims involving subjective conditions like chronic pain, mental health disorders, or fibromyalgia. High-benefit claims also attract more scrutiny.
Common Surveillance Tactics Used Against Disability Claimants
Insurance companies employ several surveillance methods to gather evidence against claimants. Understanding these tactics helps you prepare and protect your claim. Working with an experienced disability attorney can help you counter these investigation strategies.
Video and Photographic Surveillance
Private investigators hired by insurance companies often stake out your home for extended periods. They document your movements, how long you spend outside, where you go, and what you carry. They photograph and record you at your home, while you run errands, attend appointments, and socialize.
The problem with video surveillance is context. An investigator might film you walking to your car or carrying groceries. The video shows activity, but it doesn’t show the hours of pain and rest you needed afterward. Insurance companies present these clips without the full picture, making minor activities look like proof you can work. This is why gathering strong medical evidence is critical to counter surveillance-based denials.
Social Media Monitoring
Investigators review your Facebook, Instagram, Twitter, and LinkedIn profiles. They search for employment status, hobbies, location check-ins, and photographs. They also monitor posts from your friends and family members.
Insurance companies take social media posts out of context. A photo of you at a family gathering might be presented as evidence you’re not disabled, even if you attended for only an hour and spent the rest of the day in bed recovering. Understanding how to protect your social media presence is essential when your claim is under investigation.
Why Choose Capitan Law
Capitan Law focuses exclusively on long-term disability insurance cases. Our attorneys understand how insurance companies misuse surveillance evidence to deny legitimate claims. We’ve handled hundreds of cases involving surveillance-related denials and appeals.
When you work with Capitan Law, you get an attorney who knows insurance company tactics. We help claimants navigate surveillance claim denial situations by gathering strong medical evidence, obtaining detailed doctor statements, and building compelling appeals. We work on a contingency basis. You don’t pay us unless we recover your benefits.
What You Should Do If Under Surveillance
If you suspect you’re under surveillance, take these steps to protect your claim:
Be honest and consistent in all statements to the insurance company and your doctors. Inconsistencies give insurers ammunition to deny your claim. Detailed documentation of your condition strengthens your position against surveillance evidence.
Follow all of your doctor’s restrictions and treatment recommendations exactly. If your doctor says you can only stand for 30 minutes, don’t stand for 45 minutes. Adhering to medical advice demonstrates your commitment to your treatment plan.
Document your daily limitations and symptom fluctuations in a journal. Write down pain levels, activities you attempted, and how long recovery took. This creates a contemporaneous record that counters investigator observations.
Keep all social media accounts private. Review privacy settings on Facebook, Instagram, and other platforms. Limit who can see your posts and photos.
Tell friends and family not to post about you or tag you in photos. Investigators monitor their accounts too.
Avoid confronting or acknowledging investigators. Don’t engage with them or answer their questions.
Maintain detailed medical records showing how your condition impacts your daily life and ability to work. Strong medical documentation is your best defense against surveillance-based claim denials.
Notify your attorney immediately if you suspect surveillance. Your lawyer may be able to request that the insurance company cease monitoring and can help you appeal a denial if surveillance was used against you.
What You Should NOT Do During Surveillance
Certain actions can seriously damage your disability claim. Avoid these mistakes:
Don’t post on social media about your condition, activities, or case details. Every post can be used against you. Protecting your online presence is crucial when you are under investigation.
Don’t accept friend requests from people you don’t know. Investigators sometimes use fake profiles to access your information.
Don’t exaggerate your limitations in statements or to doctors. Honesty is your best defense. Accurate reporting of your condition is essential for claim approval.
Don’t engage in activities that contradict your reported disability. If you claim you can’t walk, don’t post videos of yourself hiking.
Don’t ignore doctor’s orders or skip appointments. Missing treatment undermines your claim and gives insurers ammunition for denial.
Don’t discuss your case with neighbors, coworkers, or acquaintances. Word travels, and insurers may contact these people.
Don’t delete social media posts or accounts. Deletion appears suspicious and can be used against you.
Don’t attempt to hide or mislead investigators. Dishonesty destroys your credibility and can result in claim denial.
How Surveillance Evidence Is Used to Deny Claims
Insurance companies present surveillance evidence strategically. They show video clips without full context. A 30-second clip of you walking to your mailbox doesn’t show the pain you felt or the hours you spent resting afterward.
Investigators’ reports often contain bias and subjective interpretations. They may describe your movements in ways that exaggerate your abilities. Insurance companies then hire “independent” medical examiners who review the surveillance and may discount opinions from your treating physicians. Understanding how IMEs are used against you helps you prepare for this tactic.
Courts have recognized that surveillance claim denial often occurs even when activities fall within doctor-approved limitations. Routine activities like grocery shopping, light walking, or attending a family event are insufficient grounds for denying disability benefits. However, without strong legal representation, claimants struggle to counter the insurance company’s narrative. An experienced disability attorney can challenge surveillance evidence and protect your rights.
Frequently Asked Questions About Surveillance and Disability Claims
Is it legal for insurance companies to surveil disability claimants?
Yes, in Pennsylvania and most states, surveillance is legal as long as investigators don’t trespass on private property, use wiretapping, or violate reasonable expectations of privacy. They can film you in public and monitor your social media. However, understanding your rights when under investigation is important.
What should I do if I notice I’m being surveilled?
Notify your attorney immediately. Don’t confront the investigator. Continue following your doctor’s restrictions and being honest about your condition. Your attorney may be able to request the insurance company cease surveillance. Early legal intervention can protect your claim.
Can surveillance evidence be challenged in court?
Yes. An experienced disability attorney can argue that surveillance evidence is incomplete, taken out of context, or insufficient to prove you can work. Courts recognize that brief activities don’t disprove disability. Working with Capitan Law gives you an advocate who understands how to challenge these tactics.
How does social media surveillance affect my claim?
Insurance companies use social media to find contradictions. Even innocent posts can be misinterpreted. The best protection is to keep accounts private, limit posting, and never discuss your condition or case online. Protecting your digital footprint is essential during the claims process.
What if the insurance company denies my claim based on surveillance?
You have the right to appeal a denial. An attorney can help you gather evidence to counter the surveillance evidence and prove your disability. Understanding the appeals process is critical for claim success.
Can I be denied benefits based solely on surveillance video?
No. Courts require objective medical evidence to support a disability claim. Surveillance alone cannot override medical documentation, but it can be used to create doubt. Strong medical evidence and legal representation are essential. Capitan Law helps claimants build compelling cases with proper documentation.
How long can insurance companies surveil me?
There’s no legal limit on duration. However, surveillance is most common around claim appointments (IMEs, field interviews) and when claims are under review. An attorney can sometimes request the company cease surveillance. Contact us if you believe surveillance is affecting your claim.
Protect Your Disability Claim Today
Surveillance is a serious threat to your benefits, but you’re not defenseless. Understanding these tactics helps you prepare and protect your claim. Capitan Law has helped claimants overcome surveillance-based denials and secure the benefits they deserve.
Early legal representation strengthens your position. Call (267) 419-7888 for a free consultation to discuss your situation and learn how we can help protect your disability benefits.
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