My Doctor Is Not Willing To Cooperate With Social Security or My Lawyer, What Should I Do?

Medical records are a crucial component of any Social Security Disability benefits (SSD) or Supplemental Security Income (SSI) case.

Unfortunately from time to time I have a client that tells me that either their doctor is unwilling to fill out paperwork stating that they are disabled or the doctor is unwilling to assist them in anyway. This isn't usually a deal breaker. Most of the time, if you've been treating with a doctor, then that doctor will have medical records for you.  Those records include office visit notes, blood work results and any number of other test results that were forwarded back to that doctor's office.

As long as the doctor is willing to turn over those records then there should be no issue. If the doctor is not even willing to give you access to your records then it is critical to get your attorney involved. If it has reached this stage, then I strongly suggest beginning the process of looking elsewhere for a new treating physican.

This is not something that I like to advise and it should be a last resort. However, applying for Social Security can be a stressful process and more often than not a difficult process. There is no reason why you should have to stress out even more or make the process even more difficult. If you have a medical condition(s), either physical or mental that truly prevents you from working, then there are plenty of other doctors in your area who will treat you and are willing to assist you by providing the records needed to help prove to Social Security that you are in fact disabled.

Obviously, as an attorney, it is always much more helpful if a doctor is willing to complete forms that I send to him or her to complete. But, this isn't always necessary and often even if a doctor isn't willing to fill out additional forms as long as they are willing to provide your medical records this will not be an issue.

At some point at the beginning of the process, or preferably, before you have even applied for Social Security disability, you should discuss with your doctor your plans to apply for disability. Often this conversation will give you a better understanding how your doctor truly feels about your condition(s). If the doctor seems on board with you applying for Social Security disability then he or she is likely to be more cooperative when Social Security or your attorney requests information about your medical condition. If the doctor seems skeptical about the process then this could be a hint that in the future that particular doctor may not be of much assistance to your application for disability.

The truth of the matter is, many doctors have no idea what the criteria for Social Security disability is and some are much more reluctant than others to assist you through the process.

How Long Are Doctors Or Hospitals Required To Keep My Medical Records?

Clients commonly want to know how long a doctor or hospital is legally obligated to keep their medical records for. This is especially important in "Date Last Insured" cases, when the person may not have seen a particular doctor who has relevant medical records in quite some time.

The law varies by state, so depending on where your doctor's office or the hospital is located, there may be a different length of time that source is required by law to keep the records.

In New Jersey according to Consumer Affairs:

A doctor has to keep a patient’s medical records for seven years. After that, the physician can destroy them. There is no requirement in the law that requires the physician to notify a patient prior to destroying the records. It is recommended that you request a copy of your medical records when you are changing physicians.

Meanwhile, in New York:

Physicians must keep patient records for six years after the last visit. Records for children are kept for one year after the child's 18th birthday.

In saying this, I would not assume just because it is beyond that amount of time that the records have been destroyed. In my experience, often hospitals are more likely to destroy records as soon as they are legally able to. Meanwhile, small doctor's offices are more likely to be less organized with their destruction of documents and may have medical records for several decades still in their filing cabinets.

Since medical records are crucial when applying for Social Security Disability, it is my recommendation to routinely ask doctors or hospitals for a copy of your medical records. It is not always easy to distinguish "important" medical records from the irrelevant records, so if at all possible, you should keep copies of all medical records.

How Important Are Medical Records When Applying For Social Security Disability?

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Medical records are very important and play a major role in determining whether or not you will be approved for Social Security Disability Benefits. When you apply for Social Security Disability (SSD) or Supplemental Security Income (SSI), you have to prove to Social Security that you are disabled. You would not believe the amount of people that ask for my assistance in applying for SSD or SSI who have very limited or no medical records. Often, it's because the person has very few finances or has no health insurance. However, even if this is the case, it is essential that you do your best to seek medical treatment.

Why? Well, aside from the fact that seeking medical treatment is a good way to improve your health or get a better understanding of your disabilities it is also critical evidence that can be very useful in proving to Social Security that you are in fact disabled.

When you initially apply for SSD or SSI, you are required to inform Social Security of any doctors, hospitals or clinics you have seen that will have medical records. Social Security also wants a list of all medications that you are currently taking and all tests (X-Rays, MRIs, CT Scans, etc.) that you have done pertaining to your disabilities.

If you are considering applying for SSD or SSI, or have already done so, it would be a good idea to keep track of all doctor and hospital visits. Make sure you document what tests you have done and have a general idea what disabilities you have and any medical conditions that you have been diagnosed with. It's always better to clearly indicate to Social Security what conditions/impairments prevent you from working, rather than assuming that someone at Social Security will read through pages and pages of medical records to understand what your problems are.

If you do not have health insurance or have limited finances you should contact Social Services in your area to see if you qualify for Medicaid or contact local hospitals/clinics to see if they have Charity Care programs. If you apply for Charity Care in one hospital or clinic and are told you do not qualify you should not give up, each individual facility has different size Charity Care programs and different criteria for qualifying.

I cannot stress enough how important a role medical records plays in determining whether a claimant will receive Social Security Disability benefits through the Social Security Administration.