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December 2019 Archives

Social-media surveillance of disability claimant’s activities

We recently posted information in this space about how disability insurers use surveillance to investigate the lifestyles of their disability claimants to try to uncover evidence that the claimants’ activities are inconsistent with the medical conditions underlying their disability claims. In other words, a video of a claimant mountain climbing might suggest they are not disabled from congestive heart failure.

Insurers use of drones in surveillance of disability claimants

When you are ill or injured to the point where you had to file a claim for disability benefits under your disability insurance policy, it can be disheartening to learn that during the initial review process or even while on claim that your insurance company put you under surveillance. You filed your claim in good faith, expecting fair and reasonable treatment; instead, your insurer used some form of surveillance to “catch” you being active.

Policy language limits disability insurer administrator's power

A recent court opinion sheds light on the ramifications of disability insurance policy language that describes what powers the insurer's administrator has to decide claims. We recently posted a blog about the standards of review courts apply when considering an appeal of an insurer's disability claim denial under the Employee Retirement Income Security Act, usually called ERISA.

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