When Insurance Company Surveillance Runs Amok

Possibly one of the most well known and intimidating methods used by insurance carriers to “disprove” the legitimacy of disability claims is video surveillance. In fact, the image of a “private-eye” type of insurance investigator holed up in a sedan with a camcorder almost has become a cliche. And, this tactic of trying to catch disabled claimants doing things the insurance carrier believes they shouldn’t be able to do (given their disabilities) often results in termination of benefits – many times, unjustly.

Take The Guy Caught Eating A Chip, For Example . . .
Last month, Good Morning America reported that Jack Whitten, receiving disability benefits from The Hartford for pain and memory loss resulting from a broken neck, was caught on video eating a chip. The private investigator for The Hartford videotaped Whitten getting out of a van, entering a bookstore, and of course, chipping and dipping. The doctor employed by The Hartford, who had neither met nor examined Mr. Whitten said, he “was physically capable of performing full-time sedentary occupations.” However, Whitten’s three doctors reported that Jack Whitten was permanently disabled. The Social Security Administration concurred.

Based on this “chip and dip evidence,” The Hartford cut off Whitten’s benefits. No, really, they did. The Hartford claimed, Whitten “had no difficulty dipping chips at a restaurant . . . he could shop, reach, bend, enter and exit a vehicle.” Eventually, Whitten’s benefits were reinstated, but not before the family suffered tremendous financial crisis.

What happened to Jack Whitten might seem unbelievable, but as plaintiff’s attorneys, we see this kind of evidence manipulation on a regular basis.

A Client of Ours . . .
Recently, one of our clients had his benefits cut off based upon an insurance carrier’s surveillance report. The man has been diagnosed with a permanent, debilitating disease and his doctors confirm that he is permanently disabled and unable to work. Yet, despite all of the medical documentation supporting his diagnosis and prognosis, the insurance carrier made our client the target of a surveillance investigation.

In this case, though, our client may have made an innocent mistake. When he first filed his disability claim, he apparently overstated his physical limitations – this is something that many legitimately disabled people do, sometimes feeling insecure or uncomfortable about making a claim in the first place. Or, when first filing for disability, some people may be in the midst of a serious exacerbation of their illness which often affects how they report their perceived limitations.

Our client’s condition was and is more than serious enough to fit the definition of permanently disabled. By overstating his physical limitations at the outset, he raised a red flag for the insurance carrier, and led the carrier to use surveillance in order to disprove his disability.

It is important to understand that when you are permanently disabled, you do not have to embellish on or overstate your physical limitations. We continually tell our clients that being disabled does not mean confined to a bed or a wheelchair. Rather, disabled means that you cannot perform your job as you had always performed it, or as it is performed in the national economy. Sticking to the pertinent facts at the beginning of the claims process will go a long way towards both obtaining and keeping the benefits you have worked for and deserve.

On the other hand, insurance carriers being what they are, there never is any way to guarantee that after you have begun to receive your disability benefits, your carrier will not decide to investigate you with the goal of terminating your benefits. Remember, in most cases, insurance carriers are in business to make money and keep as much of it as they can. That often means finding ways and reasons to deny and cut off benefits. While the case of Jack Whitten losing his benefits due to a “chip and dip” incident may seem extreme, that kind of manipulation of evidence occurs on a daily basis.

Your Best Defense . . .
When it comes to filing for disability and maintaining your benefits, the best course of action is to seek the advice of an attorney experienced in disability law. Remember, video surveillance is merely a snapshot, and not a complete picture, of your disability. An experienced attorney will know how to respond to your carrier if they have been “spying” on you.

Contact DeHaan Busse LLP for a free evaluation: www.dehaanbusse.com