how long does it take for a disability lawyer to get medical records

Full Answer

How long does it take to get medical records after claiming disability?

Federal law requires that the doctor’s office release your records within 30 days of receiving your request. If they cannot, they must notify you of the reason for the delay. If you have hired a disability attorney or disability advocate to help you apply for disability, they can obtain medical records on your behalf.

Can a disability attorney get my medical records?

If you have hired a disability attorney or disability advocate to help you apply for disability, they can obtain medical records on your behalf. In these instances, either your attorney or the doctor’s office (and sometimes both) will have you sign a form authorizing the release of the records to the attorney or advocate.

When can I talk to my lawyer about my disability case?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or administrative assistants.

How do you describe a disability in a medical record?

Most medical records don’t include detailed descriptions of how the patient’s disability impacts their ability to perform daily activities; if they do, they are usually included only in a cursory manner, such as “Patient says she experiences pain when walking.”

How long does it take for a decision to be made on disability?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

How can I speed up my disability case?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What does it mean when disability says a medical decision has been made?

Essentially, this status message means that the SSA has made a medical decision about whether or not you are disabled, but they're not going to tell you what that decision is yet.

How can I survive waiting on disability?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

Does SSDI pay back pay?

If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.

What is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

What happens after a medical decision has been made?

It means you were approved. The non-medical is just an SSI financial review. For hearings, there is one extra step. After the judge, makes a decision, the judge will send the decision to some people called decision writers.

How do you know if your approved for SSDI?

You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

Who can help you get your medical records?

Most disability attorneys and non-attorney reps will help you get your medical records. Oftentimes, claimants don’t even know what medical information is necessary to win a claim, and it is this type of legal expertise that a legal representative can and should offer clients fighting for Social Security Disability (SSD) or SSI.

When will medical records be reimbursed?

There are some representatives, attorneys, and law firms who will assume the cost of obtaining medical records and agree to wait to be reimbursed until after the trial.

Do you have to pay for medical records before hiring a legal representative?

However, before hiring a legal representative, be sure to ask what the policy is concerning medical records . Some representatives require their clients to pay the cost of obtaining the records up front, and this can be hard for disability applicants, who typically have an income that has already been significantly reduced, ...

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

What does an attorney do with medical records?

Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security. Because of their heavy caseloads, administrative law judges (ALJ) do not have the time to sift through hundreds of pages of documents to determine what is relevant and what isn't.

What to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What happens if an ALJ misleads an attorney?

If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.

Is Social Security giving more weight to doctors?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true.

Can medical records be harmful to disability?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

Can a lawyer be at an ALJ hearing?

Your lawyer can request that a medical expert be at your hearing (by phone). If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction.

Severity of Your Disability

Doctors can be unfamiliar with what qualifies a person to be disabled in the eyes of an insurance company. They might believe you’re able to function in some ways and in turn do not believe you to be “fully disabled”. However, you can explain to your doctor how your disability is impacting your ability to work.

Not a Priority

Doctors are busy, and filling out paperwork is not likely to be at the top of their to-do list. Be persistent, these papers are a key piece in your long term disability claim. It’s okay to follow up with your doctor by calling or emailing in order to ensure that your request doesn’t get forgotten or get moved to the bottom of the pile.

Against Benefit Programs

Your doctor doesn’t have a problem with you, but the actual program. The best advice we can offer is to explain to your doctor how you’re unable to work and that this is your best option. If they’re still reluctant to fill out the forms, you can see another doctor but keep in mind this doesn’t look good on you.

How long does it take for a doctor to release a disability?

Federal law requires that the doctor’s office release your records within 30 days of receiving your request. If they cannot, they must notify you of the reason for the delay. If you have hired a disability attorney or disability advocate ...

How long does a medical record need to be to qualify for SSD?

To qualify for SSD benefits, your medical records must support the claim that your medical condition lasts or is expected to last at least 12 months, or is expected to result in your death. They must also support a finding that it negatively interferes ...

What are medical records good for?

Medical records are good at painting a picture of the medical condition or disability that led you to apply for disability benefits. Emergency room logs confirm your admission for a heart attack, surgical notes show that you underwent a quadruple bypass, and physician’s notes show the medications prescribed to control your condition.

What is HIPAA law?

HIPAA and medical records. The Health Information Portability and Accountability Act (HIPAA) is a federal law that protects disclosure of your medical records without your permission. It also grants patients rights to view and obtain copies of those records. Under HIPAA, your doctor’s office is legally required to let you view all ...

How to get a copy of medical records?

Obtaining records. Obtaining copies of your medical records is usually as simple as submitting a request to your physician’s office. In some cases, it takes only a phone call . In others, you may have to submit a signed release or make the request in person.

Does disability affect ability to work?

The disability must negatively impact your ability to work. Most medical records don’t include detailed descriptions of how the patient’s disability impacts their ability to perform daily activities; if they do, they are usually included only in a cursory manner, such as “Patient says she experiences pain when walking.”.

Can a disability attorney obtain medical records?

If you have hired a disability attorney or disability advocate to help you apply for disability, they can obtain medical records on your behalf. In these instances, either your attorney or the doctor’s office (and sometimes both) will have you sign a form authorizing the release of the records to the attorney or advocate.