Disclosure Of Clinical Notes For Disability Claim

[quaintpapercut]

I'm waiting to see if my claim for long term disability will be approved - I sent the forms in about a month ago. Last week when I spoke to her she seemed confident that my claim would be approved. Today when I spoke to her she said that my claim is pending and that they require additional information from my family doctor and psychologist. I have no issue with them getting my medical records from my family doctor and receiving information from my psychologist on history, symptoms, treatment, functional impairments etc., but I really, really don't want them to obtain access to his clinical notes :(. The case manager said that they were specifically requesting that information and that I could deny access but that it would impact my claim. To say I'm panicked is an understatement - my therapy appointments no longer feel like a safe place if I know everybody will be reading the information I share with my therapist. Not to mention that there are some issues with substance abuse (pot smoker to alleviate hyper arousal) that I have choosed NOT to disclose to the insurance company.

I know in the US there is a provision which prohibits insurance companies denying claims based on the claimants refusal to release clinical notes but there is no such provision in Canada.

For those that have been approved for LTD - did you release your clinical notes? Such a crappy position they put you in - I am either unable to support myself and my kids and will likely fall into a black hole or if I agree to release the notes I'll have to deal with the pervasive feelings of shame and embarrassment of a stranger reading the darkest parts of my life I've never shared before.

 

[Shellbell]

I cannot help you with the issue of whether they can insist on clinical notes being obtained.

But I just wanted to say that I can totally understand how upset you must be at the thought of this happening.

I have applied for disability pension and in no way at all do I want them having any details of my trauma etc. My doctor wrote on the reasons 'prejudicial childhood experiences - extreme'. That's all she said was necessary and I don't intend to elaborate at my 'work capacity' appointment with them next week. The most they will get from me is extreme trauma - multiple trauma.

I totally understand why you will feel violated should your personal and confidential information have to be disclosed. I really hope that this is not the case.

 

[quaintpapercut]

Hi Shellbell- my therapist wrote a strongly worded letter to the insurance company advising that he does not disclose his clinical notes and offered a substitute report. I'm hoping it will suffice but I"m stuck on my caseworkers words that not disclosing the notes could impact my claim. The whole thing is so invasive that I often can't believe that this has become my life - that slowly all of my secrets and vulnerabilities are being cast out further and further away from my control.

Good luck on your work capacity appointment - I hope they respect your boundaries and what you want to disclose to them.

 

[Lucycat]

I was asked to consent to a report from my GP to my employer. This left me very uncomfortable to say the least, but my GP was very sympathetic. She allowed me to read the report before it was sent. I still did not like all she wrote, but I could not argue with its factual content. It is very difficult to read about yourself.

I wish you luck!

 

[Shellbell]

The whole thing is so invasive that I often can't believe that this has become my life - that slowly all of my secrets and vulnerabilities are being cast out further and further away from my control.

Good luck on your work capacity appointment - I hope they respect your boundaries and what you want to disclose to them.

I totally understand how you feel, it is very invasive. The details are things I struggle to talk to my therapist about. We shouldn't need to elaborate on anything more than our doctors have stated.

I really do wish you all the best with your insurance claim.

Thanks for wishing me luck as well with my appointment next week.

 

[mamachick]

I am sorry that I do not know the answer and cannot really help.

I am in the US and had an accident and sued. I went to therapy for depression, but many things discussed such as your situation. I started abusing alcohol for a period. One friend is a big drinker, and we would get together occassionly prior to accident. When I had accident, her husband came running to my rescue(attorney). I signed and he represented me. Three years passed and the case was not even on docket. His lonely wife was more than annoying. She came into my house when I was not home and left me notes. (my fault for leaving door unlocked-100 yr old lock) I felt my lawyer was dragging his feet while I was being starved out. I drank more. Discussed in therapy, etc.

Finally my attorney got my records from therapist. OMG-right in the note she named the attorney and his wife, that I implied they were both functional alcoholics, etc. He settled the case for third of million within 3 weeks. LOL

I havent heard from them since, except for seeing their daughter in the news for crippling a boy while driving drunk.

I understand your concern of shame-dont let them do that to you.