How insurance companies investigate a disability claim

If you have long-term disability insurance, either privately or through your employer, in California, you expect to be able to use it if an accident occurs that puts you out of work. Unfortunately, it is in the insurance company's best interest to deny your claim and they oftentimes go to long lengths to "prove" your disability is not that bad. It may help to know how they investigate claims and what you can do to improve your chances of approval. 

According to the National MS Society, when you file a disability claim the burden of proof is on you, so it is important to take the right steps. Before even filing, start filling out a diary of your symptoms or restrictions on a daily basis. Separately, make a list of all the specific requirements you have at work and how your disability interferes with them. Make an appointment with your doctor and bring all that information with you so you can work together to strengthen your claim. 

The insurer may ask that you see a physician of its choosing, which is valid, but make sure you see your own doctor first and that he or she stays involved throughout the process. Make sure you read through any paperwork from the insurance company before you sign so you do not give permission for things such as releasing tax returns or driving records.

Physicians News Digest reports that the insurance company will use any means necessary to investigate your claim and try to prove what you say otherwise. Some common techniques include:

  • Talking to neighbors and co-workers
  • Taking surveillance videos of you at any given time
  • Pouring over your social media accounts

Understand that pretty much anything that they find on the internet is fair game and that it is almost impossible to get rid of anything from the past. Stay away from posting on social media as much as possible so they cannot use anything against your case.

 

 

No Comments

Leave a comment
Comment Information
Email Our Attorneys

Our Insurance Lawyers Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • American Board of Trial Advocates
    American Board of Trial Advocates A prestigious national association of experienced trial lawyers and judges. Membership is by exclusive invitation only. All members shall have completed 10 civil jury trials to jury verdict or hung jury as lead counsel.
  • Best Lawyers
    Best Lawyers The oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers.
  • AV | PeerReviewRated | Martindale-Hubbell | For Ethical Standards and Legal Ability
    Martindale-Hubbell Peer Review Ratings An objective peer review rating indicator of a lawyer's high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary. Pillsbury & Coleman founding partner Philip L. Pillsbury Jr. is rated “AV Preeminent.”
  • Super Lawyers
    Super Lawyers A peer-review rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  • Best Lawyers | Best Law Firms | U.S.News & World Report | 2018
    Best Lawyers Best Law Firms U.S. News 2017
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
    American Association for Justice (AAJ) Founded in 1946, AAJ is the world’s largest trial bar and supports the work of attorneys to ensure that injured plaintiffs can obtain justice.
  • American College of Coverage Counsel
    American College of Coverage and Extracontractual Counsel Composed of preeminent insurance coverage counsel in the United States and Canada, representing the interests of both insurers and policyholders. The minimum membership requirement is the practice of insurance law for at least fifteen consecutive years.
  • Association of Business Trial Lawyers | abtl
    Association of Business Trial Lawyers Founded in 1972, ABTL is dedicated to connecting litigators and judges to address issues important to trial lawyers.
  • Consumer Attorneys of California
    Consumer Attorneys of California The only California-wide unified trial bar for plaintiffs lawyers who represent consumers harmed by powerful foes such as insurance companies, pharmaceutical companies, automobile manufacturers and banks.
  • SFTLA | San Francisco Trial Lawyers Association
    San Francisco Trial Lawyers Association For over 60 years, this prestigious bar association has educated and trained trial lawyers and supported and passed critical legislation to protect and advance individuals’ rights.
  • United Policyholders | Empowering the Insured
    United Policyholders A non-profit group dedicated to providing trustworthy and useful information and an effective voice for insurance consumers in all 50 states.
  • America's Top 100 High Stakes Litigators | 2018 | Top 100
    ACCEC | American College of Coverage and Extracontractual Counsel | Fellow