Video Surveillance Sinks Texas Claim
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A claimant who was caught on video (by Liberty Life Assurance Company of Boston) doing things she said she couldn't do, has had her disability claim denied by a federal judge who called the claim "fraudulent."
According to a September 23, 2007 opinion, Perri Lemon was shown stooping, bending and kneeling, among other things. This contrasted with the report of her condition her doctor made that same day (ummm.. wonder how they knew she was seeing her doctor that day?) and in the case of kneeling, was opposite of what she claimed she could do.
The judge said that it would have been "irrational" for the insurance company to make any other decision, based on this video. She went on to say that the claimant had 'persisted in a fraudulent claim."
Note from Ben:
These ERISA long-term disability claims are tough enough as they are. The law is heavily tilted in favor of the insurance company.
If you are a claimant you can bet on being videotaped and you can bet that if the insurance company knows when you are seeing your doctor, or if they send you for a so-called "independant" examination, you are likely to be videotaped.
Judges like videotape showing you doing something you claim you can't do.
Makes their job easier.
Want to know more? Get Robbery Without a Gun, an expose of the long-term disability industry.