A successful Social Security claim relies on medical evidence, which comes from medical records. No matter who obtains and reviews your medical records, this information, by law should be made confidential. To obtain a claimant’s medical evidence, either an authorized representative or Social Security needs a signed release form to obtain this information from medical providers. Once this information is obtained, it is the responsibility of a claimant’s provider and Social Security to protect this information so all of the records remain confidential. Here is a look at Social Security’s confidentiality policy.
Confidentiality of Records
Two separate laws, the Freedom of Information Act and the Privacy Act, have special significance for Federal agencies. Under the Freedom of Information Act, Federal agencies are required to provide the public with access to their files and records. This means the public has the right, with certain exceptions, to examine records pertaining to the functions, procedures, final opinions, and policy of these Federal agencies.
The Privacy Act permits an individual or his or her authorized representative to examine records pertaining to him or her in a Federal agency. For disability applicants, this means that an individual may request to see the medical or other evidence used to evaluate his or her application for disability benefits under the Social Security or the SSI programs. (This evidence, however, is not available to the general public.)
The Social Security Administration screens all requests to see medical evidence in a claim file to determine if release of the evidence directly to the individual might have an adverse effect on that individual. If so, the report will be released only to an authorized representative designated by the individual.
A person’s medical history is an extremely private matter, which is why an attorney’s office, medical providers and Social Security takes extra steps to protect the privacy of a client or claimant.
