Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

Willeford & Toledano - ERISA

Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

How video surveillance can hurt your ERISA disability claim

On Behalf of | Mar 28, 2022 | ERISA Disability

Sometimes, a diagnosis is enough to convince people of a disability. If your doctor recently diagnosed you with Lou Gehrig’s Disease (also known as ALS), for example, the progressive nature of the illness will likely make it easier for you to claim ERISA-governed disability benefits through your employer.

You may need those benefits because even though you may qualify for Social Security Disability Insurance (SSDI), those federal benefits will not cover all of your regular expenses or fully replace your lost wages.

If you have to undergo extensive testing to validate your disability as part of an ERISA disability claim or appeal, surveillance footage could actually play a claim play a role in your claim.

Evaluation starts when you arrive

Many kinds of evidence could hurt your disability claim, like the things that you share on social media. However, it may be your behavior right before a disability evaluation that damages your claim.

It is common for medical professionals to rent an office in a larger facility with other businesses. When you arrive for the appointment, the physician who will evaluate you may watch you from a window inside. They may also utilize security cameras to track your movement across the property.

From the way that you exit your car to the way that you walk in the parking lot, every movement you make will be subject to scrutiny. If the footage shows that you behaved differently outside than you did when undergoing the test, that could give credence to claims by the insurance company that you committed fraud or that your injury just doesn’t qualify.

When you learn about the regulations that govern ERISA long-term disability claims, it will be easier for you to apply for benefits or appeal a decision to deny them.