HOW FREE MEDICAL RECORDS HELP YOU WIN DISABILITY BENEFITS
YOU MUST HAVE MEDICAL RECORDS TO WIN YOUR SSD BENEFITS
If you are like most people who apply for SSDI and SSI benefits, then you need free medical records in order to win your case. You need free records, because it usually costs money to get a copy of your records. And, you don’t have a source of income since you aren’t working. In a Social Security Disability and SSI case, it is your responsibility to provide the medical records to the Social Security Administration. The burden of proof is on you. Which means, you have to provide the medical evidence that proves you cannot work due to your medical condition.
When you file your paperwork with the SSA, you list your doctors and any treating sources. Next, the SSA should collect that information. But, they don’t always do so. Especially if you need a copy of an old surgery or records from the past.
The SSA only collects records after your onset date of disability. That is the date you say you could no longer work. But, most physical and mental conditions usually begin prior to that date. In fact, you may have a long history of chronic pain, surgeries, or mental conditions. You need to get those records.
Even if they do request records from your doctor, they may not request all of the record. Or, they may not request the most important parts of your medical record. It is up to you and your lawyer to make sure that the SSA has the entire record about your medical conditions. Free medical records may make the difference between winning the claim.
WHAT MEDICAL RECORDS ARE IMPORTANT?
When you file your application for SSD benefits, you give the SSA a list of your doctors. The SSA will contact those doctors and request their medical records. However, the SSA may not request the medical records that are important to your case. Let’s look at an example:
OBTAIN RECORDS THAT DOCUMENT THE HISTORY OF YOUR CONDITION
Pretend that you recently stopped worked because of a back condition. Assume your last day of work was June 30, 2021 and you file an application for benefits on July 15, 2021. In the last 10 years, since 2011, you have had 3 back operations. But, it wasn’t until this year that your doctor told you not to continue working as a cashier.
When you send your list of doctors to the SSA, chances are good that they are only going to get records back to your onset date of disability. Your onset date is the last day you worked, June 30, 2021. However, records since that date will not contain a copy of your 3 back operations. Also, recent records will not contain any of your MRI’s or X-rays of your back. Additionally, you went to physical therapy for two years after your last back operation. Those records will not be part of what the SSA collects.
It is crucial that the SSA understands the history of your back problems. Therefore, you must provide a copy of all of your back operations. You will also need a copy of any testing, such as MRI’s and X-rays. Also, you will want to submit your physical therapy records. Physical therapy records document your ability to lift, sit, or stand for more than 15 minutes at a time. If you have records from a chiropractor, then submit those. It is also important to submit all of the progress notes from the past. These document your pain and medical treatment over time.
SSA STOPS GETTING YOUR MEDICAL RECORDS
The SSA stops getting copies of your medical records after they deny your case at the “reconsideration” level. That is the second denial in the SSD review process. This means that a year may go by without any collection of your records. Then, you could be scheduled for a hearing.
If you do not have an attorney, then there will be no one getting your medical records during the time you are waiting for a hearing. However, you must have medical records in order to prove a mental or physical condition before a judge.
Additionally, all of those medical records need to be into the judge more than one week prior to your hearing. If you submit medical records later than this, the judge does not have to consider them. This is known as the 5 day rule. Learn about the 5 day rule to submit medical evidence.
We suggest you request a copy of your past medical records from your doctors and other treating sources. You should request a copy of your records, because doctors do not keep copies of records forever. After a few years, usually seven, doctors destroy your records. As a result, if you don’t have a copy, it will be impossible to obtain one. Many people don’t keep copies of prior MRI’s or operative reports. This is a mistake. You need to submit them to the SSA.
DO YOU NEED A MEDICAL OPINION FROM A DOCTOR FOR A MENTAL CONDITION?
In the past, the SSA did not accept the medical opinion of treating counselors or nurses, because they were not doctors. They did this, even though most people with mental conditions see a counselor. The SSA has now changed the rules and they will accept the medical opinion of your treating counselor or nurse. For those who need to find a counselor, please see our list of free and low cost mental health professionals.
If you have a mental condition, then you should see the counselor for weekly visits. The SSA can also send you to see one of their doctors. For example, if you need a mental exam, then you will visit an SSA psychologist. The psychologist will interview you to see if you suffer from anxiety, PTSD, or another mental condition. You may also be given an IQ test. Find out information about the WAIS IV IQ test.
You should see the exam as an opportunity to explain your mental problems and how they affect you on a daily basis. For example, if you have anxiety, you could discuss how you can’t sleep at night. You could talk about your panic attacks and how you can no longer concentrate to finish tasks. You should make sure to describe all of your mental issues with the SSA doctor. Learn how to prepare for the SSA mental exam.
STATE LAW AND COPIES OF YOUR FREE MEDICAL RECORDS
Many states have laws that limit the amount a doctor can charge for copies of your medical records. If you are seeking SSD benefits in California, Nevada, or Utah, below is a summary of the law. Knowing the law will help you obtain your records for free or at a low cost. We recommend you request your progress notes every time you visit your doctor. That way, you have a copy of your medical records. Plus, you can provide a copy to your attorney and the SSA.
UTAH– A health care provider “may charge a reasonable fee to cover the health care provider costs” not to exceed $20 for locating the records, 50 cents per page for the first 40 pages and 30 cents per page for each additional page. Postage and sales tax may also be charged.
NEVADA – NO COST to provide medical records for a Social Security Disability or SSI claim or appeal, if the request is accompanied by documents that prove the claim or appeal. No administrative fee may be charged.
CALIFORNIA – In California you can obtain one free copy of your records. One copy must be provided FREE OF CHARGE to individuals who appeal a denial of Medi-Cal, SSI or SSDI. This is true even if an attorney represents you and the attorney is not advancing the costs of your claim.
Remember to collect all of your medical records, even if they are not free medical records. This includes copies of tests, like MRI’s, CT scans, and X-rays. Provide these to your attorney in order to prove the SSA should be you SSD benefits.
WE CAN HELP YOU WITH YOUR SSD CASE AND WITH OBTAINING MEDICAL RECORDS
If you need help with your case and getting free medical records, then contact Cannon Disability Law. We can usually tell you over the phone if we can help you with your SSD and SSI case. We believe our legal experience wins cases. For 30 years we have been winning SSD cases like yours. We have successfully helped over 20,000 clients. Find out more About Us.
Our law firm offers a free review of your benefits. However, we don’t take the SSD case of every person who calls our office. We only accept the cases where we believe your medical condition prevents you from working. You can call us for free and we can tell you if we can help you win your benefits.
If you are unable to call, then you can use our contact page. We help clients in Utah, Nevada, California, Idaho, and Colorado. Review Utah SSD benefit information.
Learn about Nevada SSD Information. We also help clients in Idaho, California and Washington. Review California SSD benefits and Idaho SSD benefits. Also, we can help you file your application for SSD benefits on the Social Security website.
WHAT DOES IT COST TO HIRE US?
We will use our skills to help you through the appeal process. It is our goal to win your case. We offer a free review of your case. Our hope is to help you obtain free medical records. There is no pressure to become a client if you call us. Hiring an attorney who has legal experience dealing with the SSA triples your chances of winning SSD benefits. Learn about SSA’s denial rates.
If we win your case, then you pay us out of your past due benefits. The attorney fee is 25% of your back benefit. However, the fee is capped at $7200. It will go up to $9200 in November 2024. And, 25% is usually less than the $7200 cap. You pay which ever amount is less. Our fee is capped at the attorney fee cap or 25% of the past due benefits. If we don’t win, then you don’t have to pay an attorney fee.
If there are costs in your case, then you pay those costs. But the costs are usually less than $100 for medical records. You can get a free copy of your medical records by asking your doctor for a personal copy.
You owe costs, whether we win or lose your case. That is why getting free medical records is the best option. To hire most lawyers, you have to pay a fee upfront. We understand that you can’t do that because you don’t have a job. Which is why you only pay an attorney fee when we win your SSDI and SSI benefits.
Contact our law firm. Hire us to be your Social Security legal team. We work hard for our clients and we have the experience that you need to win your benefits.
