Category Archives: Blog

Disability Insurance Surveillance: Are you being watched? Is it legal? What can you or should you do about it?

Before you start worrying about unwanted attention, it should be noted that disability insurance surveillance is unlikely if your claim results in payments of less than $2,000 a month. This is because surveillance is expensive and typically is not worth the disability insurance company’s time if the cost exceeds the amount of your benefits.

Records surveillance, however, is not as expensive and is easier to track. Assume that the insurance company has access to all your records. Don’t try to hide income that you have stated you are unable to earn. Uncle Sam and the insurance company will find out.

As far as physical surveillance is concerned, if you believe someone is watching you and feel threatened or uncomfortable about it, do call the police. If you feel safe enough to confront the person on your own, you can do that as well. In either case, the surveillance is likely to end.

If surveillance found you doing things you claimed you were unable to do, the results may be presented to your physician who may change his or her diagnosis based on new findings. In this case the disability claim would be restructured or overruled.

Rule of thumb: Be honest about your disability. If there are no skeletons in the closet, they won’t be found.


Can long-term disability benefits be terminated?

Absolutely. And quite frankly if you start seeing signs that your case is under review, you should consult an attorney immediately.

What are the signs? Here are just a few:

  • Noticeable video surveillance
  • Repeated requests for documentation
  • Request for face-to-face interview with claims representatives

Insurance companies are in the business to make money, not give it away. So it makes fiscal sense for them to deny or terminate benefits as frequently as possible. An in-home interview with a claims representative from the insurance company could have disastrous results for your claim, which is why we recommend legal representation. In the end it could save you from years of lost benefits and severe mental anguish. Insurance companies are not looking out for your best interests. They are looking at the bottom line.

Who pays for a lawyer in a family law case?

When a couple is headed for divorce, it’s likely that both parties will pay. Depending on the case, one may be reimbursed by the other after the case has settled, but it’s wise to be prepared to cover your costs. 

Even if one party files for attorney fees, it’s unlikely that a decision on who will pay will be made until after the case settles. Fees, however, are usually paid up front, so both parties will have money out of pocket at some point, even if they are reimbursed later. 

The law firm of Orsini and Rose in South Florida has posted a blog that covers this subject more in depth. It includes an overview of something called ‘Request for Admissions,’ which allows you, in some circumstances, to request that certain information be submitted within 30 days. This can be a valuable approach in those cases where the other side is constantly delaying.


Can a divorce be uncontested even if one party won’t sign?

First, let’s define an uncontested divorce.  An uncontested divorce means that the parties involved agree on the terms of the divorce. Those terms may include issues involving property, child support, child custody, alimony, etc. The fewer of these issues there are to resolve, the better the chances for the divorce to be uncontested. That said, it’s unlikely the parties will agree on terms if one of them does not agree to the divorce in the first place.

If, through mediation or another avenue, both parties agree on the terms, then yes, the divorce can be uncontested even if one party does not sign. If the parties cannot agree on terms, then it is a contested divorce.

But if the real question is, “Can I divorce my partner even if he or she does not want our marriage to end?” Then the answer is, “yes.” Florida is a No Fault Divorce state. In addition to not having to show cause, that means that if you think your marriage is over, you can file for divorce even though your partner wants the marriage to continue.


Injured off the clock? Workers’ Compensation may still apply.

Is your employer accountable if you are injured off the clock?  What if you are not injured but suffer severe emotional distress?

In a startling incident in 1980, a woman was attacked in her own home because her assailants believed she was in possession of a large sum of money belonging to her employer. Clearly she was not injured on the job, but her injury was a direct result of her employment. The court ruled in her favor. 

In another more recent case, a Wal-Mart employee was abducted at gunpoint after she clocked out for the day. She was released after a few hours and her claim against Wal-Mart for what amounts to lack of security was initially denied due lack of physical injury, yet later overturned by the First District Court of Appeal.

So you can see that the workers’ compensation question is often complex. For instance, under Florida Law, employers are limited in their liability for a mental or nervous injury unless accompanied by physical trauma and the need for medical treatment. But the line is often blurred, and each case carries its own unique circumstances and characteristics. The bottom line? If the incident causing physical injury or emotional distress occurred as a direct result of your employment, consult a workers’ compensation lawyer immediately.


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