I don’t want to even think about the number of articles I’ve written about surveillance. Although I feel like a broken record on the subject, I’m also hearing from clients and other insureds that basically my tips on surveillance are ignored. By ignored I mean that insureds are willing to take the risk of functional capacity observation, and Murphy’s law goes right out the window.
Last week one of my clients informed me that he was going on vacation to Europe. Another insured asked me about hiking in Colorado, and again the question about playing golf. While I don’t recommend that insureds spend their lives looking over their shoulders, it is also true that they have to at least some semblance to disability at some point.
Unfortunately, I find that some wealthier benefit insureds have become arrogant and feel they can do anything they want to, when they want to, and still receive benefits. Of course, all claim situations and diagnoses are different, but I’m not sure I’d want to risk a $10,000/month benefit for a trip to Europe. But, that’s me. Murphy’s law applies to everyone, and no one is exempt from “the worst possible thing at the worst possible time.”
OK, I can hear attorneys out there yelling, “but disability criteria applies only to the inability to do ones job”, and they would be right – sort of. The other side of the coin, realistically, is that insurance companies arbitrarily decide functional capacity and the ability to perform one’s job. The more observable activity visible, the more ammunition insurers have to allege work capacity.
For example, a trip to Europe requires walking, carrying/pushing luggage, sitting for at least 6-7 hours, not to mention all the sightseeing activity taken while in Italy. Likewise, golfing is a sport that encompasses nearly every body part from walking, carrying, bending/stooping, finger/hand/arm manipulation, overhead swinging, twisting and so on. Many disabilities have restrictions against these activities. So no, golfing isn’t a great sport for disabled persons to engage in.
Listen to me, or don’t listen to me, but the consequence of surveillance can be significant. It is impossible to claim “total disability” and continue doing what you want. Please think carefully here and weigh the risks.
