When you file a claim for long-term disability benefits, you may submit statements by close friends and relatives that explain the symptoms of your medical conditions and how they limit your activities. While these statements can be helpful to your claim, in some instances, insurance companies also may try to use these statements against you. As a result, before you submit any statements, you should check them over to make sure that they do not intentionally provide evidence against you.
For instance, these statements should not volunteer evidence about your daily activities or give details about the places you visit and activities that you still can perform. Instead, individuals who are writing these statements on your behalf should stick to the basics about your medical conditions, such as describing the side effects that they cause and, if applicable, how they must help you with activities of daily living. These activities might include those tasks needed for daily care, such as preparing food, getting dressed, and performing personal hygiene tasks.
While insurance companies won’t always directly contact your loved ones about your medical condition, they may still look at their social media profiles or place them under surveillance as they are interacting with you. For instance, if you have a friend who is always posting pictures of the two of you on social media engaging in various fun activities and going to different places, the insurance company might utilize that evidence to support a denial of your claim. Even if the pictures predate your illness or injury, the insurance company still could claim them as evidence of your ability to physically engage in some activities. Scanning your social media profiles and posts, along with those of your friends and family members, has become an increasingly common technique for gathering evidence to support a denial of your claim for disability benefits.
Long-term disability claims are complex matters that require intensive knowledge of ERISA laws and regulations. As a result, you will need experienced legal representation and advice to pursue an ERISA-governed disability claim. Bonnici Law Group is a law firm focusing on ERISA long-term disability benefits and bicycle injury cases in San Diego, CA. When you need effective legal representation, contact Bonnici Law Group at 858-261-5454 or email us at help@bonnicilawgroup.com.
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