Watch yourself – How your statements/words/actions may be used in your Long-Term Disability case

Have you ever heard the line – “What you say can and will be used against you”?  Cops are required to tell you that when you are arrested.  But – not your long-term disability insurance company.

However, you should take this advice to heart.  Your long-term disability insurance company will use your statements, words, and actions against you.  You must be careful of your statements, words, and actions for the entirety of your long-term disability claim.  This includes direct statements to the insurer, your activities which may be monitored, and your social media profiles which will be checked.

Here are a few common examples that you may encounter:

• Your long-term disability claims manager conducts a phone interview with you and reports that you were able to concentrate on the questions, did not seem depressed or anxious, and never asked for a break during the course of the interview (which is recorded);
• You call the claims manager after going visit your family out of town for a few days because you want to know if they called you or mailed you anything while you were out, and the claims manager reports that you were ok to travel out of town;
• A private investigator follows you around unsuspectingly for a few days and catches you walking into a store and driving and the insurance company reports that you have no problems with daily activities based on this report;
• The insurance claim examiner checks out your Facebook, Instagram or Twitter and sees some pictures you posted and reports that you are well enough to take the pictures.

Here is the problem with these scenarios – they may be blatant misrepresentations of the actual truth because the long-term disability insurance company wants to deny your claim and will twist your statements, words, and actions to fit the narrative they want to tell.  

That’s why it’s so important to learn all you can about the ERISA claims process and have an experienced attorney who knows how to handle these kinds of cases.  If you have any questions about your claim or need to appeal a denial, call disability attorney Loyd Bourgeois at 985-240-9773.