Disability Insurance Lawyer Blog

Disability Surveillance Footage - When a Picture Really IS Worth A Thousand Words - and Dollars

Anyone making a claim for disability insurance benefits needs to be aware that they can, and likely will at some point be under the careful and close scrutiny of a private investigator armed with video cameras. They may be parked outside your home in the classic low-budget spy thriller van, or they may be watching from a control room in a non-descript office building thousands of miles away. But if you've filed a claim, chances are good they are watching.

Video surveillance is a relatively inexpensive way for insurance companies to gather additional information about the life and daily patterns of a claimant. It's also a great tactic to intimidate policyholders. See our blog on a Good Morning America investigative news story concerning a Florida man suffering from Multiple Sclerosis. Hartford Insurance tried to scare him with a videotape, and then backed down when the powerful news show exposed this bullying practice.

Not everything that appears on video, however, is what it seems. If the videotape is being reviewed by the insurance company, chances are they will ignore the slight limp in a woman's gait. Or that the man only left the house once during an entire week - hardly "normal" behavior for a healthy person. Instead, the focus will be on the self-serving needs of the insurance company.

What should you do when an investigator shows up in your driveway with a tape? Ask for a copy. And call an experienced disability insurance attorney. There's a lot more to any picture than meets the eye. An experienced disability insurance attorney knows the strategies used by private investigators to build the insurance companies case as well as they know the law.

If you are being videotaped, call us. If you've been presented with a videotape and a surveillance log and the insurance company is delaying your benefit payments, call us. This is one battle you don't want to fight alone.

Who is Your Disability Advocate?

Trying to advocate for yourself once you've been admitted to a hospital is practically impossible. If you are lucky enough to have a family member who knows the ins and outs of hospitals and health insurance, you can focus on getting better. If you don't, the hospital social worker will go toe-to-toe on your behalf with hospital staff, administration, insurance companies, etc. They are experienced and knowledgeable, and it's their job to help you at a time when you cannot help yourself.

The same holds true for a sick or injured person with a disability insurance claim who is not getting the right treatment from the disability insurance company. You need to focus on getting better and taking care of yourself. Your advocate should be an attorney who will fight for you, who has the experience, knowledge and the aggressiveness required to do battle with a large company that simply doesn't care.

If you read through our case studies on the blog and on our website, you will see how Frankel & Newfield fights for our clients. Our determination and relentless advocacy are well known by the insurance companies. If your disability insurance claim has been denied or is being delayed, if you are considering a settlement, call our office at 1-877-583-2524 to learn how we can help.

UNUM Policyholder - We Win on Appeal, Lifetime Benefits Are Reinstated

A New Jersey doctor has been on residual disability with UNUM for over ten years as a result of a sickness that limited his ability to practice as an obstetrician/gynecologist. The language of his UNUM policy states that if he becomes totally disabled before age 65 because of an Injury, UNUM must pay benefits for the rest of his life.

Almost immediately prior to turning 65 the doctor became totally disabled based upon bi-lateral carpal tunnel syndrome. We immediately notified UNUM that the doctor was unable to perform any of the material and substantial duties of his occupation because he was totally disabled based upon an injury.

Not surprisingly, UNUM stopped paying benefits at age 65, stating that he was not totally disabled and furthermore, that carpel tunnel syndrome was not an injury.

Once again, a disability insurance company is trying to stop making payments. At over $20,000 a month, the doctor, has already received more than $2.4 million in benefits, based upon a sickness - not payable for lifetime benefits. Not hard to figure out why UNUM would want to cut him off.

Our firm was retained to represent him in an appeal, and with aggressive representation, we were successful. After performing extensive research, developing and attacking the underlying bases for UNUM's position, and submitting an Appeal to UNUM addressing these issues, we were able to convince UNUM that carpal tunnel was an injury and not a sickness warranting benefits for life.

Now the doctor will receive full payment - over $20,000 per month - for the rest of his life.