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Long term disability (LTD) benefits support people who cannot work because of illness or injury by replacing a portion of their pre-disability income. As part of the claims process, insurance companies sometimes use surveillance to better understand a claimant’s functional abilities. Many people feel uneasy when they learn this, because they are doing everything they can to follow medical advice and report their symptoms accurately.
This guide explains why insurers use surveillance, what it involves, and how you can navigate it with confidence. Its goal is to give you clear, balanced information so you understand what to expect and how to protect your disability benefits.
Insurance companies use surveillance to gather evidence about a claimant’s daily functioning. They typically use it to:
Insurers often use surveillance when:
Surveillance does not mean you did anything wrong or that you do not have a legitimate claim. Insurers use it as part of their routine evaluation process.
Insurance companies rely on several forms of surveillance. Understanding these methods can help you feel more informed.
Private investigators gather video evidence which observes and records your activities in public spaces. They may film you:
They usually conduct surveillance over a period of several consecutive days rather than on an ongoing or continuous basis.
Investigators may take still photos when video is not practical. These images document specific activities or movements.
Insurers review publicly available online content, including:
Even private accounts can reveal information through public tags or older posts. It is important to recognize that social media activity is very difficult to keep private. Private investigators can gain access to evidence which can case doubt on your disability claim by gathering information from people with whom you interact on social media and observing public sites which post photos of social events you have attended.
Insurers often call you to ask about your daily activities or recent changes in your health. They compare your answers with other information in your file.
A common tactic used by insurance companies to identify exaggerated or fraudulent claims of disability is to send have request a comprehensive status update which requests information such as:
The LTD claims examiner will request that a private investigator conduct video surveillance over the same period as the journal of activity. If the claimant reports that they cannot perform certain acts and are observed performing physical activity which conflicts with the status update, the insurer may conclude that the claim requires further investigation.
Similarly , if a claimant reports no involvement with family or friends and is observed attending social events over the same period, the disability claim may be in jeopardy of being terminated.
Insurers may review public records such as:
These searches help them understand whether you may be working, volunteering, or engaging in physical activities.
Yes. Insurers may conduct surveillance in public places where you do not have a reasonable expectation of privacy.
They should not:
Surveillance must remain reasonable. If investigators cross legal boundaries, your lawyer can address it.
Insurers use surveillance to compare what they observe with the information in your claim file. They look for:
Surveillance captures only brief moments. It does not show the day after the activity and insurers may rely on a “highlight reel” which shows the active periods and fails to gather evidence about the days of inactivity. It does not show pain levels, fatigue, recovery time, or the overall impact of your condition. It is not very valuable for disability benefits claims which are based on mental health complaints.
You cannot control whether surveillance occurs, but you can take steps to keep your claim accurate and well‑supported.
Describe your limitations honestly and precisely. If you can perform an activity occasionally, with difficulty, or only on good days, say so. Clear communication reduces misunderstandings.
You do not need to change your behaviour or avoid normal daily tasks. Simply stay aware that insurers may review your public activities alongside your medical reports and statements.
Consider:
Photos and posts rarely reflect the full context of your health.
A journal helps you document:
This record can provide helpful context if questions arise later.
Make sure your medical team understands:
Accurate medical documentation strengthens your claim.
If you notice unusual activity or receive unexpected calls, a disability lawyer can help you understand your rights and next steps.
“If I’m being watched, I must have done something wrong.”
Surveillance often occurs as part of routine claim assessment.
“If I can do small tasks, my benefits will be cut off.”
Long term disability benefits are paid because you cannot work on a sustained basis in your own occupation (or any occupation if that is the definition of disability). They depend on your ability to work at a sustained level close to full time hours, not your ability to perform basic daily activities.
“I should stay inside to avoid being recorded.”
You can continue living your life. The key is consistency between your reported limitations and your actual abilities.
“Surveillance shows the full picture.”
Surveillance captures only brief moments and does not reflect pain, fatigue, or recovery time.
If your claim proceeds to litigation, surveillance may appear as part of the evidence.
Insurers must disclose surveillance evidence during litigation if they intend to rely on it. If a long term disability claim was terminated on the basis of surveillance prior to litigation, that surveillance must be disclosed – both the video footage and the report completed by the private investigator.
An experienced disability lawyer will be able to determine whether the insurance company’s surveillance is meaningful by examining:
Your healthcare providers can explain how your condition affects your ability to perform certain activities, even if you attempt them occasionally. With respect to surveillance gathered from social media accounts, it is important to determine the date that the photo was taken. Private investigators can be too quick to conclude that photos show inconsistent activity and fail to examine the date of the post to determine if it was taken at the relevant time.
Surveillance rarely determines the outcome of a case on its own. It forms only one part of a larger evidentiary picture. Even surveillance which appears to show that a disability claimant is working on a casual basis can be explained by providing a forthright explanation of the activity.
A short clip may show you carrying a light bag, but it does not show:
A single photo at a family event does not show:
By definition, a photo which you post online will be flattering and you will be smiling. No one posts photos of their worst day and your family will not tag you in a photo where you are in tears.
A long walk on a good day does not represent your typical level of function. If a claimant reports they have good days and bad days, a long walk does not disprove disability by showing evidence of a good day.
These examples show why context matters.
If your insurer refers to having gathered observable evidence which shows you performing physical activity which conflicts with your reported limitations, they have obtained surveillance. The next steps you should take are :
Your lawyer will help you understand the footage and provide appropriate context.
Surveillance can feel uncomfortable, but understanding how it works can make the process easier to navigate. With clear communication, accurate medical documentation, and appropriate support, you can move through your LTD claim with confidence.
If you have questions about surveillance or your disability claim, please text 613-777-0992 or contact us through our website to schedule a meeting with one of our lawyers. We provide a free consultation, in French or English, to ensure that your rights are protected. In most cases, we can offer to represent you on a contingency fee basis. This means that you do not pay legal fees unless you win or achieve a settlement on your case.
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