If you are receiving long-term disability (LTD) benefits or have applied for disability insurance, you may be wondering whether insurance companies can monitor your activities during your claim. The reality is that insurance companies sometimes conduct surveillance investigations to determine whether a claimant is truly disabled. Understanding how surveillance works can help protect your claim and prevent misunderstandings that insurers may use to deny benefits.
At Landy Marr Kats LLP, our Toronto disability lawyers regularly represent individuals whose long-term disability benefits were denied or terminated after surveillance investigations. The following information explains how insurance surveillance works in Ontario and what you should know if you are pursuing an LTD claim.
Do Insurance Companies Conduct Surveillance in Disability Claims?
Yes. Insurance companies sometimes hire private investigators to monitor individuals receiving or applying for disability benefits. Surveillance may involve video recording outside your home, observing daily activities in public places, following you while running errands, monitoring public social media accounts, and photographing physical activities. The purpose of surveillance is usually to gather evidence that the insurer believes is inconsistent with the disability claim. However, surveillance evidence can often be misleading or taken out of context.
When Are Insurance Companies Most Likely to Use Surveillance?
Insurance companies may conduct surveillance at different stages of a claim. For example, surveillance may occur when a claim is first submitted if the insurer believes there are inconsistencies in the medical evidence. It may also occur before terminating benefits, particularly near the 24‑month review when the definition of disability changes from being unable to perform your own occupation to being unable to perform any occupation. Surveillance may also occur during a lawsuit if a disability claim proceeds to litigation.
What Activities Do Insurance Companies Look For?
Insurance companies often look for activities they believe contradict the claimant’s reported limitations. Examples may include lifting objects, driving long distances, exercising, performing home maintenance, or running errands. However, these activities do not necessarily prove that someone is capable of returning to full‑time employment. A short video clip showing someone carrying groceries or walking outside does not mean they can work eight hours a day on a consistent basis.
Can Insurance Companies Monitor Social Media?
Yes. Insurance companies frequently review publicly available social media accounts during disability claims. Photos of travel, events, exercise, or recreational activities may be scrutinized. Even activities that are medically permitted can be misinterpreted when viewed without proper context. For this reason, individuals pursuing LTD claims should be cautious about what they post publicly on social media.
Is Surveillance Legal in Ontario?
In general, surveillance conducted in public places is legal in Ontario. Investigators may observe and record activities in areas where there is no reasonable expectation of privacy. However, investigators cannot trespass on private property or conduct surveillance in locations where privacy is expected. Improper surveillance practices may be challenged in court.
Does Surveillance Automatically Mean Your Claim Will Be Denied?
No. Surveillance evidence must be considered together with the full medical evidence, including physician reports, specialist assessments, and vocational information. Courts often recognize that brief surveillance footage does not necessarily reflect a person’s ability to perform full‑time work. Many legitimate disability claims succeed even where surveillance was conducted.
What Should You Do If You Suspect Surveillance?
If you are pursuing a disability claim, it is important to follow your doctor’s medical advice and remain consistent in describing your symptoms and limitations. Avoid activities that exceed your documented medical restrictions and be cautious about social media activity. If your benefits are denied after surveillance, it is important to seek legal advice promptly to understand your options.
Do I Have to Pay a Lawyer to Start a Long-Term Disability Case?
Many people worry that they cannot afford to hire a lawyer after their disability benefits are denied, particularly because they may no longer be earning an income. Our firm understands this concern. Landy Marr Kats LLP handles long-term disability claims on a contingency fee basis. This means that you do not pay legal fees unless we successfully recover money for you. In other words, you do not have to pay upfront legal fees to start your case. Legal fees are only payable if compensation or disability benefits are recovered.
Long-Term Disability Lawyer in Toronto
If your long-term disability benefits have been denied, delayed, or terminated, you may still have legal options. Insurance companies sometimes rely on surveillance investigations to justify denying legitimate claims. Landy Marr Kats LLP represents individuals across Ontario in disputes with disability insurance companies and assists clients with denied LTD claims, terminated disability benefits, and surveillance-based claim denials.
Our firm handles disability cases on a contingency fee basis, which means there are no legal fees unless we successfully recover money for you. If you believe your insurer has wrongfully denied your long-term disability benefits, contact our office to discuss your case. Contact us.