{3:00 minutes to read} Many people continue to engage in activities such as golf, gardening, or tennis, even when applying for or receiving long-term disability benefits. They don’t want a reduced quality of life, so they refuse to give up their beloved hobbies.
This is perfectly understandable. But what these individuals need to realize is that they run a huge risk to receipt of their long term disability benefits by persisting in such activities.
In a previous article, I discussed the common practice of surveillance by disability insurance companies. If you’re applying for disability, you can count on being surveilled at least once during the application process, and possibly again – even multiple times – after you’ve been approved to receive benefits and are continuing to receive them.
One of the greatest reasons for claim termination or denial based on surveillance is being caught engaging in one of these activities.
If you claim disability due to orthopedic problems or issues with your back, shoulder, knees, etc., and then the insurance company sees you playing golf or tennis, or spending a long time kneeling in the garden, they will take advantage of it and claim that you can work. It doesn’t matter if your occupational activities require muscle use, strength or fine motor coordination different from those recreational activities. Such differences are very hard to distinguish to a jury.
Golfing, gardening, and tennis are not the only risky activities. You should also be careful about what you do at the gym or even the supermarket (bending, reaching, carrying a heavy basket, etc.). Dancing is another activity that can play an important part in claim denial or termination, especially if it’s done at a public function where videotaping is likely.
“So does this mean I can never engage in such activities?”
Not necessarily. I would generally advise against it when your claim is still pending; you don’t want to give the insurance company a reason for a quick denial.
Once your benefits have been approved, you might consider these activities, but you must be extra vigilant. Make sure you discuss it with your doctor, get her approval, and adhere to any restrictions she places on you. If you’re supposed to wear a brace, wear the brace – every time. Don’t say, “I’m going to walk instead of taking the car today, even though it kills my back to do so.”
And, as always, make sure your attorney is informed about all activities.
Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
800-745-1755
ESS@schwartzlawpc.com