Access to Information and Personal Information Request Service

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Could this create unnecessary attention to your file though?

I’m not sure what you mean by this?

I think what HereFishie means is basically summed up by the old saying “let sleeping dogs lie”

“avoid interfering in a situation that is currently causing no problems but might do so as a result of such interference.”

Or another one would be “Leave well enough alone”

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What have I said in my post that can cause issues for me?

You said:

I would like to advise everyone who has applied for CPP-D, whether you’ve been approved or declined, to request a copy of their full and complete claim file from Service Canada. You are entitled to a copy of it. It is a good idea, even if you have been approved, to request a copy of your claim file for your records… IT’S FREE. You can make the request online. Here is the link…

I believe the concern is with asking for a copy of your claim file if you’ve been approved. In other words, since you have been approved, why rock the boat? Yes I agree it is good info to have, but I would only request it when I have been denied. Same goes with LTD. Right now I feel like a needle in a hay stack at my LTD company. My case manager is overwhelmed and has probably hundreds of cases and barely even knows who I am. I want to draw as little attention to myself as possible.

Hope that explains it to you…

I’m not sure why you see it as rocking the boat. It’s YOUR claim file… YOU have the right to obtain a copy even if you have been approved. Just in case, they decide to terminate your claim again, it’s good to have it for legal purposes. You’re making it sound like it’s something illegal to do. It’s not. You’re entitled to it under the privacy act. I’m not sure why you want to cower to your case manager? Service Canada and your LTD case manager will not deny nor terminate your claim for exercising your right to obtain a copy of your claim file… again, it’s your right.

Hope that explains it to you…

Say the case manager is directed to cut costs by auditing approved claims.
Assume your approved claim has been filed away at the back.
By asking for your claim file, it is retrieved and put on someone’s desk.
They might look at it because they need to cut costs and it is at the top now.
Do you really want to move from the the back of the filing cabinet to someone’s desk if you’re on an approved claim?
I wouldn’t.
I am content to remain less visible.
I see no reason to get my file just because I have a right to it.

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I’m not sure there is a right answer here.
Another perspective is that by asking for your claim file it may show that you are knowledgeable about your legal rights and that you shouldn’t be messed with.

I requested a copy of my CPP-D claim file when I was denied. I was showing the government that I was going to look through MY file very carefully to determine what exactly they overlooked in reaching their decision to unfairly deny my claim. The government is also aware that the request of a copy of one’s claim usually means that one is determined to appeal and eventually take legal action if necessary. Fortunately, I won my appeal, and soon after requested an updated copy of my claim file to see how they reached their decision to approve my disability benefits. I don’t see anything wrong with this.

With regard to my LTD claim file, my insurance provider terminated my disability benefits after 2-3 years and I managed to appeal and win without a copy of my claim file. However, after I won my appeal and my disability benefits were reinstated, I immediately requested a full and complete copy of my claim file. Why? Because, first of all, I had the right to obtain it and, second of all, I wanted to review my claim file and check for any errors or any documents that may have been omitted when basing their decision to terminate my disability benefits. In addition, I was preparing myself for a future audit or review of my claim and using a copy of my claim file as an invaluable resource if legal action was ever required. I don’t see anything wrong with this either… which brings me to my final point jammer…

Everyone who is approved for disability benefits will eventually have their claim file retrieved from “the back of the filing cabinet” and reviewed. If anyone thinks otherwise, they’re living in a fantasy world.

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You’re absolutely correct… there is no right answer here. I wasn’t looking to be praised and told that I’m right. I was merely trying to be helpful and make a suggestion by providing a link to something that could be useful and valuable now or later on. It was a suggestion…nothing more, nothing less.

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I think you provided great info, thank you. People should know what they have access to.
Cheers

Thanks for your understanding. Have a great day!

I agree that it’s helpful if your claim has been denied or at risk of being denied. I also agree that out of sight out of mind is the best approach to take if your claim has been approved. It has nothing to do with rights and entitlements to your file which are clear. It has to do with human nature and focus of attention. I don’t want to do anything that would make it less work for my claim manager to review my file again. Ideally I would like it to be disorganized enough that every time the claim manager looks at it they feel overwhelmed and decide to do something easier first instead and they never get around to my file. :smile:

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Quite the opposite, I am an extreme realist and pragmatist.

WTF people, grow up please

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There is no right answer here. Certainly if you are doing an appeal, getting a copy of the claim file is essential. However, what if your claim is approved?

Everyone as the right to a copy of the file, but I have seen some value to letting sleeping dogs lie. When agencies or insurers receive requests for files it does raise an eyebrow from their point of view. They wonder what is going on and they may review the file to see what you could be up to.

I see this more in the LTD world where bringing attention to a long time approved claim can cause re evaluations etc. Generally, I would recommend against ordering files unless you have a specific issue to deal with.

These reviews get triggered for may reasons, some having nothing to do with requests for files.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.

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Hi David,

Thanks for your reply.

You stated the following, “They wonder what is going on and they may review the file to see what you could be up to.” I respectfully take exception to your statement. I requested both CPP-D and LTD claim files and I wasn’t up to anything because I have nothing to hide. Your statement made me feel that, by requesting both claim files, I was up to no good. I respect and admire you and everything you’ve done for the disabled community. However, don’t you think that your statement could now dissuade and intimidate people from requesting their claim files?

I kindly ask you to elaborate and clarify what you meant by that statement.

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Just to clarify I wasn’t referring to you specifically. When I say you below I mean anyone reading this. To be clear everyone has a legal right to request their personal information from insurance companies or government agencies. You don’t have to give a reason.

However, from a practical point of view I think it is important that people know that exercising your rights – to request documents - can have unintended consequences. Especially, if the reason for the request isn’t clear, people involved on the other side may get paranoid. They will then worry or speculate about what could be going on.

Insurance companies are used to people requesting copies of their files when there are issues or problems – either a denial or an upcoming denial. Or if you just had a medical examination.

However, it is much less common for someone to request a copy of a file on a case that is on long-term approval. This would be when the request comes “out of the blue” from their perspective.

So, if you look at it from their point of view, these requests will usually require the claim manager to review the file before it can be disclosed. So, by making the request, you causing the claim manager to do a review that they otherwise would not have done. This is not necessarily bad or negative in any way. But it may cause them to realize something is missing or that they need to take other actions.

No claim manager wants to look bad or to be caught off guard by something. So if they get a request for one of their files “out of the blue” from their perspective, I think you have to expect they going to wonder what is going on? They will question: Did I make some mistake? Are you going to be filing a complaint against them?

Of course none of this means that anything negative will happen to you. If you want to set their mind at ease, you can even tell them that there are no issues, and you just want to see the file for your own interest.

I don’t think people should be afraid to request their files – especially when there are issues or may be issues coming up with appeals, denials, etc. In fact, the insurance companies expect to get request for files in these situations.

But, if the request comes out of the blue, they will wonder why? So, I would recommend you give them a reason to set their mind at ease. They are not going to punish people who request files. Think of it more that you put yourself back on their radar – so they might say…wow, I haven’t gotten updated medical records for awhile, so they would make those requests.

I have seen this same thing when we request files form doctors. We are always very clear to tell the doctor WHY we are requesting the file. Otherwise they worry if we may be getting the file to sue them! People who create these records get paranoid so they will always worry (or speculate about) about the reason of the request.

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His statement should dissuade some people from requesting their files and he told you why. Because the action of requesting one’s file can draw undue attention to oneself. No one here is saying that you don’t have the right to access your files. All they are saying is that if you have a long term claim that is approved it might be wise not to because you could draw undue attention to yourself.