Should I Request to See My File?

1

I have been on LTD since 2010, I am past the two-year mark, and expect to be disabled for life.

I am curious as to what the insurance company has been up to with respect to my file.

  1. What information is contained in my file? Details of decisions about my disability? Details of investigations?
  2. Should I ask for a copy of my file? If I do, would that cause any issues?
  3. Is the insurance company obligated to share any and all information with me? If not, what might they withhold?
2

I wouldn’t. Let sleeping dogs lie.

1 Like
3

I’m guessing that if the insurance company is like mine and they know from your diagnosis that you will be unable to work for life, that your file has been sent to a long duration disability department which is probably a dusty filing cabinet. :slight_smile:

Great advice.
Don’t poke the sleeping bear. :slight_smile:

4

I have seen hundreds (maybe thousands) of people’s insurance claim files and the all have the same information, including your application forms, internal tracking and claim management sheets, claim management plans, internal notes, call notes, internal and external emails, surveillance records, medical records, correspondence, reports from internal medical reviewers and internal decisions about the claim. Insurance companies will normally share almost all of this stuff with you outside of litigation. During litigation you get everything.

You have a right to receive a copy of your file, but asking for it out of the blue may raise concerns about why you want it. It could trigger an audit and review of your claim which is not necessarily a bad thing, but could be a hassle for you.

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.