Medical evidence is crucial for a Social Security disability case. If a claimant applies for disability and claims a set of conditions or impairments are preventing them from working, Social Security is going to need some proof. That proof comes in the form of medical records and medical opinions from the claimant’s doctors and medical team. After an application is submitted Social Security will ask for permission to access the claimant’s medical records. Failure to release this information to Social Security will result in an automatic denial. After a claimant provides permission, it is important to know that Social Security has standards in place to protect the confidentiality of those records.
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.)
SSA 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.
