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  • CCP records

    For health reasons, I've had to go on to CPP, disability insurance. I have submitted to my wife's lawyer, a confirmation letter from CPP, stating that I'm entitled to monthly disability income; I have given copies of monthly CPP payments. I have submitted a detailed letter from my doctor explaining my medical conditions and the names and fax numbers of the other doctors that I deal with. Her lawyer has now requested a copy of the medical records that CPP have in regards to my medical disability claim.
    I do not see the logic behind this. Or is this a common practice? Can he not get the same information by just sending a letter to my doctors asking about my medical condition?

  • #2
    CPP Records

    My husband is also on CPP Disability Pension and states he is unable to work. His lawyer told my lawyer that I have to get a job to support him as well as pay him spousal support.

    I would perhaps think that her lawyer wants to see exactly what is wrong with you by going through CPP himself. What Dr's write, and lawyers write ect can differ greatly as to what CPP writes. Example...CPP Disability says that you cannot claim for a pension if you can walk so many meters without the aid of a walker/cane. They also say you cannot claim Disability Tax credit if you have bladder or bowel problems that medication can help ect ect

    This is the argument my husband and I have going on with our lawyers. I'm saying he can work and he's saying he can't. He's had MS since 1996 and he's totally fine. He can walk, hunt, fish, drive, go to sports shows and walk all day, shovel the driveway after a heavy snow storm, climb tree stands for hunting as well as walk long distances through fields to get a downed deer and bring it back...yet he's saying he's disabled and can't work. We have only just separated since December. We are both 61 and I retired about 4 years ago and now he's told his lawyer I'm capable of work and he isn't so I must get a job.

    I have no problem if a person is truly disabled but in my case it's it is truly abusing the system.

    Comment


    • #3
      Originally posted by Full_Plate View Post
      For health reasons, I've had to go on to CPP, disability insurance. I have submitted to my wife's lawyer, a confirmation letter from CPP, stating that I'm entitled to monthly disability income; I have given copies of monthly CPP payments. I have submitted a detailed letter from my doctor explaining my medical conditions and the names and fax numbers of the other doctors that I deal with. Her lawyer has now requested a copy of the medical records that CPP have in regards to my medical disability claim.
      I do not see the logic behind this. Or is this a common practice? Can he not get the same information by just sending a letter to my doctors asking about my medical condition?
      There are a few issues here:

      1. You do not have to disclose any documents or records without a court order. Lawyers often attempt to take advantage of unrepresented party's ignorance of rights and rule of law. If the other party wants a disclosure, they have to get an order by filing a motion. They must serve that motion on you and allow response and then it will get in front of a justice to determine what is appropriate.

      2. No one can obtain any medical records/information without your express permission in writing or a court order.

      FG

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      • #4
        Originally posted by fieldgrey View Post
        There are a few issues here:

        1. You do not have to disclose any documents or records without a court order. Lawyers often attempt to take advantage of unrepresented party's ignorance of rights and rule of law. If the other party wants a disclosure, they have to get an order by filing a motion. They must serve that motion on you and allow response and then it will get in front of a justice to determine what is appropriate.

        2. No one can obtain any medical records/information without your express permission in writing or a court order.

        FG
        'take advantage'? ummm, OR you can just give them documents that should be shared anyway and avoid forcing them to force you via expensive, conflict encouraging court.

        However in this case it seems that if they are on disability and had to prove it to the government, that should be sufficient as proof of not being able to work and asking for medical records seem unnecessarily invasive.

        Comment


        • #5
          Originally posted by billm View Post
          'take advantage'? ummm, OR you can just give them documents that should be shared anyway and avoid forcing them to force you via expensive, conflict encouraging court.

          However in this case it seems that if they are on disability and had to prove it to the government, that should be sufficient as proof of not being able to work and asking for medical records seem unnecessarily invasive.
          It's true there are two points of view, and the view one takes should be based on the circumstances.

          I always felt this conflict of feelings in disclosure issues in my proceedings. Initially my responses were always civilian in nature: 'f**k off that's none of your business and it's irrelevant'. However I learned that the court system works by evidence, and that the court will always support disclosure of relevant evidence. You can't hide from evidence, and a judge won't support hiding evidence based on our day to day personal notions of privacy.

          I eventually received brief counsel from a lawyer who said: 'Why don't you just give them everything they ask for - what's to hide?'

          So, it's one thing to declare our rights to privacy but another to be sensible about the context and appear compliant with the courts. billm is right: why not just disclose all the documents?

          Hiding records is not an advisable defensive strategy.If it's a fishing expedition that you're afraid of, get a doctor to write a report for you and ask to submit it to the record as expert opinion.

          FG

          Comment


          • #6
            Question: since we are at trial, isn't it too late for an order from a Judge for him to disclose his RRSP's, disclose life insurance and other assets not listed in his Financial Statements as assets but life insurance listed as making monthly payments. By law since he claims "undue hardship", should he not have to provide his wife's income? having purchased a $450,000 house with a downpayment of $250,000 claiming it was a partial gift. We are dealing with "child support". We did have an order in which we each had 10 days to request from each other financial information, and 10 days to resond, which I did. It took him 4 months to respond basically it was "none of my business" me requesting discolosure of any of the above especially his wife's income. I never received a request for disclosure and as a matter of fact sent him via registered mail over a week ago, Notice of Assessments of myself, and the children which he refused to accept, being returned to me.

            Comment


            • #7
              Originally posted by TLCRN View Post
              Question: since we are at trial, isn't it too late for an order from a Judge for him to disclose his RRSP's, disclose life insurance and other assets not listed in his Financial Statements as assets but life insurance listed as making monthly payments. By law since he claims "undue hardship", should he not have to provide his wife's income? having purchased a $450,000 house with a downpayment of $250,000 claiming it was a partial gift. We are dealing with "child support". We did have an order in which we each had 10 days to request from each other financial information, and 10 days to resond, which I did. It took him 4 months to respond basically it was "none of my business" me requesting discolosure of any of the above especially his wife's income. I never received a request for disclosure and as a matter of fact sent him via registered mail over a week ago, Notice of Assessments of myself, and the children which he refused to accept, being returned to me.
              TLCRN: You've started a new conversation subject to this thread. Can you start a new post and include a few more details. Are the parties self represented? Who started the motion, what are the pleadings of the motion? What is the brief background triggering the motion?

              There are several ways to deal with this in trial, but need to know the basics to make suggestions.

              FG

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              • #8
                I was referring to "disclosure" but are right it is for another thread, sorry.

                Comment


                • #9
                  I'm just getting started, but I'm already sickened at how my ex demands all of my documentation so she can paw through it looking for excuses to get more money from me, but she won't even produce a Notice of Assessement from income taxes, a bank statemment... nothing.

                  Can't compute proportion of section 7 expenses without disclosure of income... oh well, no section 7 expenses for her.

                  Comment


                  • #10
                    Thank you this is very helpful. I have a feeling that her lawyer did not read the five-page medical report that my doctor had given to me as to the status of my health; after all the operations and treatments that I've had. I will ask for confirmation that the paperwork that I've already given has been looked and if there still well be a request for my medical records from CPP. At that point if I still have to present the CPP documentation to them, I'll not hesitate in doing so as this is going on for 4 1/2 years and it's time we both move on.
                    If I have to show my medical records from CPP, to her lawyer; is he is going to make a decision on them or will he give them to somebody else like another doctor to verify?
                    TKU
                    F._P.

                    Comment


                    • #11
                      From a medical prospective, a health care provider can not disclose any medical information to anyone but you unless they have your consent to do so. Consent should be specific otherwise you could be opening up your life to the world. An open consent to all medical information would allow information about ANY and ALL treatments, findings, diagnosis, medications, conditions, your actual hospital records. Written documents always require a written consent, i have never witnessed a hospital release written documents to anyone without a written consent.
                      You are always free to give any documents you wish.
                      Even the police have a court order to obtain medical information on a suspect.

                      I'm not saying don't share, I'm just saying make sure you are only sharing relevant information.
                      Last edited by Spoonz; 05-28-2011, 08:22 PM. Reason: To clarify

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