Tag Archives: medical records

Social Security Disability – Know When To Submit Medical Records Before Your Hearing

The timeline for you or your attorney to submit evidence of your disability to the Social Security Administration (SSA) recently become much shorter.

In May of 2017, the SSA implemented a new rule on submitting evidence. If you want the judge to look at any new medical records, they must be submitted at least 5 business days before your hearing. If you miss the deadline, the judge can now legally ignore the new evidence, no matter how important it is.

Before this new rule, the SSA’s disability judges were required to consider all medical evidence of your disability before they could decide your case, no matter when it was submitted or where it came from. This burden was very high — the SSA was even required to try to take action to find proof on its own. Under the new 2017 rule, if your new evidence is important but wasn’t turned over at least 5 business days before the hearing, you may have to prove that there were some “unusual, unexpected, or unavoidable circumstances beyond your control [that] prevented you from informing [SSA] about or submitting the evidence earlier.”

Know your rights!  This new rule also means that Social Security has to give you at least 75-day notice before your hearing. Unfortunately, we law firm have also seen Social Security sending people forms asking them to waive their right to this notice. If you receive a form asking to waive your rights, consult with an attorney before signing anything. We are provide free consultations.

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Medical Records Important for Workers’ Compensation Claim

Today’s post comes from guest author Todd Bennett, from Rehm, Bennett & Moore.

Medical records are necessary to substantiate an injured worker’s claim. At a minimum, injured workers and attorneys need the records from doctors and hospitals to show the diagnoses the workers have and the treatment that they have received. This includes records from physical therapy, MRI, pain management, orthopedic, etc.  

Every injured worker has a right to receive her or his medical records, and by law should be able to obtain those records promptly at a fair cost.

Federal law is clear: a patient has the “right to obtain from [their health care providers] a copy of [their medical records] in an electronic format,” 42 USC § 17935(e)(1), and that health care providers may bill “only the cost of … copying, including the cost of supplies for and labor of copying,” 45 CFR 164.524(c)(4)(i). This is all part of the Health Information Technology for Economic and Clinical Health Act (HITECH Act).

Rehm, Bennett & Moore employs the HITECH Act on behalf of injured clients to represent them in an efficient and cost-effective manner.

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What Should I Have Ready For My First Meeting With My Lawyer?

We provide a questionnaire for you to fill out before our first meeting

Today’s post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.

Most injured workers seeking an attorney’s help on their workers’ compensation claim have never hired an attorney before. This post gives a brief overview of how you can prepare for your first meeting with your attorney after you have been hurt at work.

The most important part of that first meeting takes place before you ever set foot in the attorney’s office. For your attorney, the goal of the first meeting is to gain an accurate understanding of the facts surrounding your injury. This is so the attorney can assess how the law will be applied to your case. In order for the attorney to make an accurate assessment, you have to be prepared to Continue reading →

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