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Long Term Disability carrier’s like to collect premiums but don’t like to pay Long Term Disability benefits. One of the tools that they use to justify denial of Long Term Disability claims is surveillance.
Many times, Nancy Cavey, Tampa Bay Long Term Disability attorney, finds that the Long Term Disability carrier does not submit all of the surveillance reports to their peer review independent medical examiner or even your treating physician for review and comment.
If your claim has been denied as a result of video surveillance, Long Term Disability claim lawyer Nancy Cavey can secure a copy of your file including all of the surveillance.
She will review the surveillance and determine whether or not it is in fact damaging enough to the basis of a legitimate denial of Long Term Disability benefits. If it isn’t, she will assist you in submitting a detailed explanation of the activities shown in the surveillance film and a statement from your treating physician indicating that the activity that was seen on the surveillance film doesn’t adverse their opinion regarding disability.
It is not uncommon for the Long Term Disability carrier to get pictures of disability applicants taking out the trash and use that as a justification for denying benefits.
We will submit an explanation as to why and how you were able to take out the trash and how your doctor encouraged you to engage in light lifting. We will also secure a statement from your doctor indicating that the activities of daily living do not necessarily equate to performing a full days work and that what was observed in the videotape is consistent with your physical abilities.
Surveillance such as that needs to be attacked during an ERISA appeal. You cannot wait until after an ERISA lawsuit is filed to try to attack surveillance. Contact Florida based disability lawyer Nancy Cavey if you are thinking about applying for disability benefits if your claim has been denied as of result of surveillance.