Legal Guide

Surveillance in Disability Cases — What Insurers Look For

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Surveillance in Disability Cases — What Insurers Look For

If your long-term disability (LTD) claim has been approved or is under review, you may not realize that your insurer could be **watching you**.

Disability insurers in Alberta routinely use **surveillance** — private investigators, social media monitoring, and even drone footage — to look for evidence that undermines your claim. They say it's to verify legitimacy; in reality, it's often used to **discredit valid disabilities** and justify termination of benefits.

As Alberta disability lawyers who once defended insurance companies, we know exactly how surveillance is used, how it's interpreted, and how to protect your claim from being unfairly targeted.

This article explains why insurers conduct surveillance, what they look for, how it affects your claim, and what to do if you suspect you're being watched.

Why Insurers Use Surveillance

Insurers claim surveillance is meant to prevent fraud — but in practice, it's often used to cast doubt on legitimate disability claims.

Common reasons insurers conduct surveillance:

To Test ConsistencyThey compare your activities on camera to what you've reported in medical forms.
To Challenge CredibilityEven brief moments of normal activity can be exaggerated to suggest full recovery.
To Pressure SettlementsInsurers sometimes use footage as leverage to push you into early, low-value settlements.
To Reduce Long-Term LiabilityIf they can argue you're capable of work, they can terminate future payments and close the file permanently.

How Surveillance Footage Is Used Against You

Surveillance rarely proves fraud — but it's often used to justify benefit termination or weaken your legal claim.

1

Sending to Your Doctor

Sending it to your doctor to influence their opinion.

2

Presenting During 24-Month Review

Presenting it as evidence during the 24-month LTD review.

3

Using in Settlement Negotiations

Using it in settlement negotiations to reduce payout.

4

Introducing in Court

Introducing it in court to challenge credibility.

Common Insurance Challenges in Alberta

Even after approving benefits, insurers often monitor claimants to look for reasons to terminate payments.

Requesting Updated Medical Forms

Requesting updated medical forms every few months.

Ordering Independent Medical Exams

Ordering 'independent' medical exams or file reviews.

Conducting Covert Surveillance

Conducting covert surveillance.

Monitoring Online Activity

Monitoring online activity.

Steps to Protect Your Disability Claim from Surveillance

If you suspect surveillance or want to protect your claim, follow these steps:

Don't Change Your Routine

Act normally — you have nothing to hide. Stopping normal activity can make you appear inconsistent later.

Be Honest in Reports

Accurately describe your abilities and limitations. If you can occasionally perform light tasks, say so.

Document Your Condition

Keep a journal of pain, fatigue, and flare-ups to show the full picture of your disability.

Inform Your Lawyer

Your lawyer can request surveillance disclosure if litigation is underway and prepare a response strategy.

Check Social Media Privacy Settings

Make accounts private, avoid posting about travel or activities, and ask friends not to tag you publicly.

Contact an Alberta Disability Lawyer

If you suspect surveillance or your claim is being challenged, get legal advice immediately.

How Lawyers Challenge Surveillance Evidence

Experienced Alberta disability lawyers know how to **neutralize or discredit** surveillance evidence.

Reviewing All Raw Footage

**Reviewing all raw footage, not just insurer-selected clips.** Context often shows inconsistencies or long rest periods.

Highlighting Medical Contradictions

**Highlighting medical contradictions.** Even if you appear active, medical evidence can prove those actions worsened symptoms.

Presenting Expert Testimony

**Presenting expert testimony.** Doctors or pain specialists can explain that brief bursts of activity don't equal work capacity.

Cross-Examining Investigators

**Cross-examining investigators.** We expose bias, exaggeration, or misleading editing.

Using Your Own Evidence

**Using your own evidence.** Journals, therapy notes, or FCEs show the full picture of your condition.

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Frequently Asked Questions

Conclusion

Surveillance is one of the insurance industry's most powerful — and most misunderstood — tactics. While it can be intimidating, most footage is easily explained and rarely proves fraud.

Insurers use surveillance to test consistency, not fairness

Brief activity doesn't equal full recovery

Honest, consistent reporting protects your credibility

Lawyers can expose biased or misleading surveillance

Call or text us today for a free consultation. No fee unless we win.