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COLLECT YOUR MEDICAL RECORDS FOR YOUR DISABILITY CASE

CAN YOU COLLECT YOUR MEDICAL RECORDS?

Collect your medical records, as they are crucial to winning 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 SSD, 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 in your case.

This means that the SSA doesn’t collect records from past operations you may have had. They also do not collect records from past hospital stays or injuries. They may not collect all your records, even though it is your past records that prove you cannot work.

DOES SSA STOP COLLECTING YOUR 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, 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 date. However, you must have medical records in order to prove a mental or physical disability before a judge.

Additionally, all of those medical records need to sent 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 known as the 5 day rule. Learn more about the 5 day rule to submit medical evidence.

The attorneys at our law firm 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, it will be impossible to obtain one.

KEEP A COPY OF YOUR RECORDS FOR YOUR CASE

Having a copy also helps new doctors understand your medical problems and if you don’t bring them a copy of your medical records, 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, because it is wise to have a copy of all of your medical records.

Please also remember that the SSA and your attorney are not automatically aware of every doctor, counselor, or hospital you have visited.  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 or a list of all of your doctors. This list should include counselors, programs, ER visits, and any mental or physical 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 prove you should be paid 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 will still need to get all of your child’s medical and school records.

Also, 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, you avoid that expense.  Additionally, you will be ready when the time comes for your hearing.

SSI claim denied in SLC and Las VegasWE CAN COLLECT YOUR MEDICAL RECORDS

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.

Collecting medical records is not easy. 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.

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 all of the medical records that prove you cannot return to work.

THE LAWYERS AT OUR SOCIAL SECURITY LAW FIRM

If you would like to know more about our attorneys, please 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 for a request for your hearing. Also, we let you know when we collect and submit your medical evidence.

Our goal is to make it easier for you to obtain SSDI and SSI benefits, but we cannot do it without your help. When you hire us, we need you to keep us up to date about your treatment, operations, or other medical procedures. We can represent you in Utah, Idaho, and Nevada. Learn more about Utah SSD benefit information. Likewise, we have Idaho SSD information and Nevada SSD benefit information. We can also represent you in Colorado and California. Learn more information about filing for SSD benefits in Colorado and California SSD 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 specialists can help you apply for SSI disability 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, we can help you do that too. There are also many forms that will need to be filled out. Don’t worry. If you have questions about these forms, we will answer them. Call us today.

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, we are paid from your back 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 more about past due 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. This is best understood 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 2022, the fee cap will be $7200. Therefore, if you win your case, then your fee is capped at the $7200 amount.

Regardless, you pay whatever 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 more here about what it will cost.

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. It is our belief that when you have a law firm with experience handling your Social Security case, then the SSA makes sure they follow 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.

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 at your hearing. If you hire an attorney with experience, then they can prepare you to be a good witness at your hearing. Learn more about how to prepare for your SSD hearing.

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