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When you're applying for disability benefits the main evidence of your claim will be your Florida medical records. Unfortunately, current Florida statutes allow medical facilities to charge up to $1 per page, which is an unreasonable fee for many disabled claimants. The attorneys at LaVan and Neidenberg, P.A. are committed to fighting this part of disability law in Florida.
Why Florida Medical Records are Important to Your Disability Claim
One of the first things your attorney for disability law in Florida may suggest you obtain is a copy of your medical records. The first step in obtaining disability benefits is to prove you have a medically documented disabling condition.
Your Florida medical records should include:
Good medical records are a must for building a solid petition for disability benefits. Without this evidence, you cannot show your disability impairs your ability to perform substantial gainful activity, therefore leading to denial of your application.
Florida Statutes Hindering Your Ability to Obtain Medical Records
Florida statute 395.3025 governs a patient's rights to copies of their medical records. While the statute provides the right to request these records, it also creates a right for the licensed medical facility to charge per page for these records. Cases of disability law in Florida can be hindered by this charge because the disabled claimant cannot afford the fees.
Currently, the statute states that facilities may charge up to $1 per page including sales tax and actual postage. For non-paper records such as X-ray film, facilities may charge up to $2 per item. A fee of up to $1 may also be charged for each year of records requested.
LaVan & Neidenberg, P.A. Petitioning for Your Rights
Since our law firm focuses on protecting the rights of claimants under disability law in Florida, we're working diligently to promote a change to the Florida statutes. We currently have an online petition circulating to gain support for a change in the legislature that would remove this Florida medical records fee.
The petition seeks to include an exception for individuals that are applying for disability benefits or appealing a decision on their benefits. Because these individuals have often been unable to work for an extended period of time, they're more likely to be unable to afford copies of their Florida medical records.
Please consider signing this petition, whether you're disabled yourself, related to a disabled person, or want to help promote fairness in disability law. Florida disability claimants can then hopefully see a reduction to the many barriers they may face when applying for disability benefits.
Contacting an Attorney for Help with Disability Law in Florida
Filing for Social Security disability benefits is complicated and time-consuming, but at LaVan & Neidenberg, P.A., our team of disability attorneys is ready for the challenge. We like to empower our clients by providing a FREE Social Security disability guide so you can learn more about the process of filing for disability benefits.
When you're ready to get started, contact The Law Offices of LaVan & Neidenberg, P.A. to begin your claim. Our state-of-the-art, customized intake and database system means less hassle, so you can focus on what's most important to you instead of having to spend your days wading through confusing legalese and legal red tape. Call today - 1-888-234-5758.
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