Can my LTD insurer use surveillance or social media against me?

Physical surveillance and social media monitoring are standard practice for ERISA group disability insurers, particularly at the 24-month own-to-any-occupation transition and after an appeal is filed. Investigators will photograph and video you in public settings, often for multiple days. The clips shown in a denial letter are rarely the full footage — insurers select the minutes that look most inconsistent with your reported limitations.

Social media is equally dangerous. A Facebook photo from a family dinner, a LinkedIn profile that lists you as “available for consulting,” or a comment on an Instagram post timestamped on a day you reported severe fatigue — all of it can be cited. Courts applying Firestone v. Bruch have upheld denials based in part on social media evidence when the administrator’s interpretation was not arbitrary. You have no reasonable expectation of privacy in content you make publicly visible.

What to do: do not post photographs, activity updates, or professional availability notices while your claim is open. Ask friends and family not to tag you. Review your privacy settings, but do not delete existing content once litigation is anticipated — that can constitute spoliation.

If your insurer has cited surveillance in a denial, you are entitled under 29 CFR 2560.503-1 to a copy of the full claim file, including all surveillance records, and you have 180 days to submit a complete administrative appeal. We handle ERISA LTD appeals on contingency. No fee unless we win.