If you are receiving long-term disability (LTD) benefits, your insurance company may conduct surveillance to monitor your activities. This can include:
- video surveillance by private investigators
- photographs taken in public places
- social media monitoring
- tracking daily activities such as driving, shopping, or walking
Surveillance is a common tactic used by insurers to deny or terminate LTD benefits. These denials are often addressed here: LTD Denied – Know Your Rights
Need help now? If your LTD benefits were cut off or denied based on surveillance, request a free 30-minute phone consultation or call (416) 907-9249.
Start Here: Long-Term Disability Guides in Ontario
- Long-Term Disability in Ontario
- LTD Denied – Know Your Rights
- Appealing an LTD Denial
- Limitation Periods & Deadlines
- Own Occupation vs Any Occupation
- What Happens After Two Years on LTD?
- Long Term Disability Lawyer Toronto
Can Insurance Companies Conduct Surveillance?
Yes. In Ontario, insurance companies are generally allowed to conduct surveillance in public places. This means investigators may:
- follow you in public
- record video outside your home
- film you doing everyday activities
However, there are limits. Surveillance must comply with privacy laws, including principles outlined by the Office of the Privacy Commissioner of Canada, and cannot involve unlawful intrusion into private spaces.
What Does LTD Surveillance Look Like?
Surveillance is often far less dramatic than people expect. Common examples include:
- short video clips of you walking, driving, or carrying items
- footage of grocery shopping or running errands
- observations of you entering or leaving your home
- photos or videos taken over several days
In many cases, the footage only captures a few minutes of activity, even though your condition may affect you for the rest of the day.
How Insurers Use Surveillance Against You
Insurance companies may rely on surveillance to argue that:
- you are more functional than reported
- your symptoms are exaggerated
- you are capable of returning to work
- you meet the “any occupation” test
This is especially common after the first two years of LTD benefits. Learn more:
Surveillance Is Often Taken Out of Context
One of the biggest problems with surveillance is that it rarely shows the full picture. For example:
- a 5-minute video may be used to represent your entire day
- good days are recorded, while bad days are ignored
- activities done with difficulty may appear “normal” on video
Being able to perform a task briefly does not necessarily mean you can sustain full-time work. Courts have recognized this principle in disability cases, including F. v. Penncorp Life Insurance Company.
Social Media and LTD Claims
Insurers may also monitor your social media accounts. This can include Facebook, Instagram and LinkedIn. Photos or posts may be used to argue that you are more active than reported, travelling or socializing or capable of working. Even harmless posts can be misinterpreted.
When Do Insurance Companies Start Surveillance?
Insurance companies may begin surveillance at different stages of a long-term disability claim. This often happens:
- after your initial claim is approved
- when your benefits are being reviewed
- before the transition to the “any occupation” test
- when the insurer questions your medical evidence
How Often Do Insurance Companies Conduct Surveillance?
There is no fixed schedule. Surveillance is typically conducted:
- over a few days
- intermittently over weeks or months
- at key decision points in your claim
Can LTD Benefits Be Cut Off Without Notice?
Sometimes, yes. In some cases, insurers terminate benefits after reviewing surveillance and medical records without giving advance warning. If your benefits are cut off, it is important to act quickly. Learn more:
How Courts Treat Surveillance Evidence
Ontario courts do not automatically accept surveillance at face value. Courts often consider:
- whether the footage is representative of your overall condition
- whether it conflicts with medical evidence
- whether the insurer relied on selective or incomplete information
In many cases, courts recognize that brief moments of activity do not reflect a person’s ability to maintain regular employment.
What To Do If Surveillance Is Used Against You
If your insurer relies on surveillance:
- do not panic
- request full disclosure of all footage and reports
- review how the insurer is interpreting the evidence
- ensure your medical records clearly explain your limitations
- seek legal advice before responding
You may still have a strong claim, even if surveillance exists. Many claims succeed after being denied, see: Appealing Long-Term Disability
Important: Deadlines Still Apply
Even if your insurer is reviewing your claim, limitation periods may still apply. Ontario’s general limitation law can be found here: Ontario’s Limitations Act, 2002
For a plain-English explanation: LTD Limitation Periods & Deadlines
FAQ: LTD Surveillance in Ontario
Can insurance companies follow me on long-term disability?
Yes. Insurers may use private investigators to observe you in public places.
Can I be recorded without my knowledge?
Yes, in public spaces. However, surveillance must follow privacy laws.
Does grocery shopping mean I can work?
No. Being able to perform limited daily activities does not necessarily mean you can sustain full-time employment.
Should I stop going outside?
No. You are allowed to live your life. The key issue is whether your activities are consistent with your medical condition.
Can social media affect my LTD claim?
Yes. Insurers may use social media posts as part of their investigation.
Talk to a Long-Term Disability Lawyer
If your LTD claim has been denied or cut off based on surveillance, legal advice can help you respond effectively and protect your rights. Monkhouse Law Employment Lawyers assists non-union employees across Ontario with LTD disputes involving surveillance, denials, and benefit terminations. Request a free 30-minute phone consultation or call (416) 907-9249.