COLLECT YOUR MEDICAL RECORDS FOR YOUR DISABILITY CASE
CAN YOU COLLECT YOUR MEDICAL RECORDS?
Yes, you can collect your own medical records. In fact, the burden to submit your medical records to the SSA is on you. You need to collect your medical records, as they are crucial to winning your SSD benefits. After you apply for SSD benefits, you must collect your medical records for your Social Security case. You need to do this whether you apply for SSDI, SSI, or both benefits. The reason you need to collect your records is that those records are the evidence you need to win your case.
Many people think when they apply for Social Security Disability benefits or SSI benefits, the Social Security Administration will automatically collect all of their medical records. This is not true. The SSA only collects the records that they think are important to your case. Additionally, they don’t usually collect any records prior to your onset date.
This means that the SSA doesn’t collect records from past operations or hospital stays. They also cannot collect records from a source that you don’t tell them about. They may not collect all of your records, even though it is your past records that prove you cannot work.
DOES SSA STOP COLLECTING MEDICAL RECORDS?
The SSA also stops getting records in your case after they deny your case at the second denial in the Social Security process. This means that a year may go by without any collection of your records. Then, the SSA will set your hearing date.
If you do not have an attorney, then no one will collect your medical records during the time you are waiting for a hearing date. However, you must have medical records in order to prove a mental or physical disability before a judge. That means you will need to get a copy of your records prior to the hearing.
Additionally, you need to submit all of your medical records to the judge more than one week prior to your hearing. If you submit medical records later than this, then the judge does not have to consider them. This is 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 or treating sources. You should request a copy of your records anyway, 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, then it will be impossible to obtain one. Therefore, you should always keep a personal copy of your medical records.
KEEP A COPY OF YOUR RECORDS FOR YOUR CASE
Having a copy to your records also helps a new doctor understand your medical problems. If you don’t bring your new doctor a copy of your medical records, then they will have to request it. We suggest you request a copy of your progress notes every time you visit the doctor. You should be gathering these records as your case goes through the appeal process. You need to do this because it is your responsibility to submit a copy of your medical records to the SSA.
Also, you need to remember that the SSA and your attorney are not automatically aware of every time your visit a doctor, counselor, or hospital. You are responsible for giving that information to the SSA and to your attorney.
Unfortunately, attorneys aren’t mind readers. They need your help to collect your records. Make sure you provide your attorney with a copy of your full medical record and a list of your doctors. This list should include counselors, programs, ER visits, and any testing you have had.
You should also include the address, phone number, and fax number of your doctor. Without a complete copy of your entire medical record, you cannot win benefits. Remember, the same evidence rules apply in a child’s SSI case. For example, if you are filing for SSI benefits for autism spectrum disorder for your child, then you need to submit all of your child’s medical and school records to the SSA.
WE CAN COLLECT YOUR MEDICAL RECORDS
You will need a copy of everything that is in your SSA file and any records you gave to the Judge before your hearing. It can be very expensive for your attorney to obtain medical records on your behalf. If you already have a copy of your records, then you avoid that expense. Additionally, you will be ready when the time comes for your hearing.
Contact Cannon Disability Law for further information or help to obtain your medical records. Medical records are the best evidence in every Social Security claim, because they will show if your doctor supports your case.
There are specific forms that your doctor can fill out to help your case. We provide those forms to our clients, so that they can give them to their doctor. Also, we encourage our clients to have regular visits and treatment with a supportive doctor.
It is not easy to collect medical records. We prefer it when our clients collect their own medical records, because they usually get them from their doctor for free. However, if you cannot do it, then we can still get your records.
We will need to order your records from your doctor, because most records are electronic medical records. This means they are stored on a computer or in “the cloud” and they can be sent by computer.
Some doctors, however, still use paper and they will need to mail your records. Our attorneys and staff have decades of experience searching for and getting the records the SSA needs to see. If you cooperate with us, then we will do our best to find the medical records that prove you cannot return to work.
WHAT INFORMATION SHOULD BE IN YOUR MEDICAL RECORDS?
When you collect your medical records, you need to review them to make sure that they contain all of the necessary information. The SSA is looking for specific, objective testing and statements in your medical records about your symptoms. For example, the following information should be part of your medical records:
- Hospital records
- Progress notes from your treating doctor
- Lab results
- Imaging studies (X-rays, MRIs, CT scans)
- List of medications
- Surgery reports
- Blood work
Make sure your medical records cover the entire time period when you were not working. For example, if you state your disability started two years ago, then make sure you collect medical records for the past two years. Additionally, if you had a surgery or accident prior to stopping work. Then, collect those medical records too. Finally, make sure you submit your updated medical records regularly.
IF YOU DON’T HAVE MEDICAL RECORDS, THEN GET A DOCTOR
Many people call us and tell us that they can’t collect their medical records, because they don’t have a doctor. They don’t have a doctor because they don’t have health insurance. Or, they don’t have any money to pay for treatment. However, there are options, even if you are broke. If you need medical treatment or counseling and you cannot afford it, then review our lists of free resources in your state:
- CALIFORNIA FREE AND LOW COST CLINICS
- COLORADO FREE AND LOW COST CLINICS
- IDAHO FREE AND LOW COST CLINICS
- NEVADA FREE AND LOW COST HEALTH CLINICS
- UTAH FREE AND LOW COST HEALTH CLINICS
With these free resources you can get treatment from a counselor, nurse or doctor. They can also give you medication. Choose your state and call the free clinic for medical help. The resources on our lists will help you get the medical care you need. We also hope you use these medical resources to build the medical records to win your SSD benefits.
THE LAWYERS AT OUR SOCIAL SECURITY LAW FIRM
If you would like to know more about our attorneys, then visit our About Us page. This page will introduce you to our attorneys and our legal staff. When we accept your Social Security case, we approach your case as a team. We will let you know when we appeal a decision and file a request for your hearing. Also, we let you know when we collect and submit your medical records.
Our goal is to make it easier for you to obtain SSDI and SSI benefits. But, we cannot do that without your help. When you hire us, you need to keep us up to date about your treatment, operations, or other medical procedures. We can represent you in Utah, Idaho, and Nevada. Learn about Utah SSDI benefit information. Likewise, we have Idaho SSDI information and Nevada SSDI benefit information. We can also represent you in Colorado and California. Learn about filing for SSDI benefits in Colorado and California SSDI benefit information. Contact us for free today.
In the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Our experts can help you apply for SSI benefits using the SSA’s website. However, we will need your help to apply for benefits. Why?
Because only you know your personal information. But, we can explain how to apply. Likewise, if you need an appeal, then we can help you do that too. There are also many forms that you need to fill out. Don’t worry. If you have questions about these forms, then we will answer them. Contact us.
THE COST OF HIRING AN SSD ATTORNEY
It doesn’t cost anything to call us. Because, we offer a free review of your case. It also doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee if we win your case. This means if we win, then you pay your attorney fee out of your back benefits. If you do not win, then there is no attorney fee to pay.
If there are costs in your case, then you pay those. But the costs in most cases is less than $100. Also, most cases take 1.5 to 2 years. This is from start to finish. So, we will work for you for up to two years for free. Of course, we hope to win.
Once we win, the attorney fee comes out of your past due SSD benefit. But, to hire most lawyers, you have to pay upfront. We don’t work like that. You don’t have a job. So, the only way to pay us, is for us to win your case. That is our goal. Call today. See what we can do for you. Let us help you collect your medical records and win your Social Security benefits.
HOW WILL YOU PAY THE ATTORNEY FEE?
We will use our legal skills to help you through the Social Security appeal process. It is our goal to win your case. But, it also our goal to make the appeal process easier for you.
We offer a free review of your case. If you call, there is no pressure to become our client. You ask questions, we answer. Even if we don’t accept your case, we will still try to help you.
It also doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee if we win your case. If we win, then the SSA pays us out of your back benefits. Learn about past due SSDI benefits. If you do not win, then you do not pay an attorney fee.
How much is the attorney fee? The attorney fee is whatever is less between 25% of your back benefit and the fee cap. You can understand this through an example. If your back benefit is $10,000, then your attorney fee would be $2500.
However, if your back benefit is $100,000, you would not pay 25% or $25,000 in attorney fees. Instead, you would pay the amount of the fee cap. In November 2024, the fee cap will be $9200. Therefore, if you win your case, then your fee is capped at the $9200 amount.
Regardless, you pay whatever amount is less between 25% of your back benefit and the fee cap. Additionally, you only owe an attorney fee if we win your case. Find out what it will cost to hire our law firm.
IS IT WORTH THE ATTORNEY FEE TO HIRE AN SSD LAWYER?
It isn’t easy to get Social Security benefits and the application process can be frustrating for most people. But, having an attorney throughout the appeal process can make it easier. When you have a law firm with experience handling your Social Security case, then the SSA follows their own procedures.
Additionally, when you have an attorney with legal experience, they will have access to Social Security’s decisions. They can also submit medical evidence that may be missing from your case. The other thing your attorney does is help you answer questions about your medical conditions. There are specific answers that the SSA judge is looking for. If you cannot answer the hearing questions properly, then you will not win SSD benefits.
There is evidence that hiring an attorney with the proper experience raises your chances of winning your SSDI and SSI benefits by 30%. It is also smart to hire an attorney to help you at your hearing. After all, you are the star witness. If you hire an attorney with experience, then they can prepare you to testify at your hearing. Learn how to prepare for your SSD hearing. Better yet, your attorney can collect your medical records and win your case.
