Noteboom The Law Firm

Pilot Sues for SSA's Improper Handling of Medical Records

Social Security Administration (SSA) disability benefit applicants expect and deserve a level of privacy when it comes to their medical records. One pilot experienced a grievous violation of privacy when his medical records, which included his diagnosis of HIV, were turned over to the Federal Aviation Administration.

According to The Washington Post, a San Francisco pilot, Stanmore Cooper, shared his medical records and diagnosis of HIV with the SSA in the course of applying for Social Security disability benefits. The pilot did not choose to disclose this information to the FAA.

At the time that he withheld the condition, those with HIV could not get a license to fly. Though that rule has since been changed, he pleaded guilty to a misdemeanor charge of making a false statement. He also had to pay a $1000 fine, and has lost his license.

The pilot sued the government in 2007 for violating the Privacy Act by allowing the SSA to turn over his medical records to the FAA. The judge agreed, but did not identify any financial loss, and the case was thrown out.

A 3-judge court of appeals ruled Monday that Cooper's emotional distress counts as damages. Therefore, the lawsuit has been reinstated, citing improper handling of records.

If you believe that the SSA has mishandled your medical records in the course of your disability benefits case, you should talk to your disability attorney about your legal options.

Fort Lauderdale, Florida disability lawyers, LaVan & Neidenberg, represent over 5000 disability claimants. Our disability attorneys have experience with cross examining agency-appointed medical and vocational experts and take time when speaking with you about your disability claim. Call us today at 1-888-234-5758 for a FREE legal consultation. There is NO OBLIGATION to hire our firm and there are NO FEES unless one of our trained disability lawyers wins your case.