Legal Question in Social Security Law in Maryland

Re: Work Comp. Records in Soc. Sec. File

I need to know if my attorney has compromised my case by using medical records that an insurance company sent to Social Security. I believe he picked out what he needed, but this opened the door for the ALJ to use the other hurtful information regarding my disability. Is there anyway to have the documents sent by the work comp insurance co. thrown out? Should my attorney have shown the intent of the insurance company? I have a letter from my work. comp. attorney, stating the intent of the insurance company to send their records to Soc. Sec. The determination came as ''unfavorable.'' Thank you for your time.


Asked on 8/04/02, 9:20 pm

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Re: Work Comp. Records in Soc. Sec. File

If the insurance company sent your records directly to Social Security, I can see no way in which your attorney compromised your case. I don't know how your attorney could stop the insurance company. Most disability claimants' records contain some information which is negataive, not helpful to the case, and a medical examination by an insurance company doctor is very likely to result in an unhelpful opinion. Your lawyer's jobis to overcome that evidence with other medical evidence, usually from your own treating physician, which, if you are disabled, should be more helpful. Your treating physician's opinion should carry more weight than that of an insurance company doctor. At a hearing, of after an unfavorable hearing result, your lawyer should argue that the favorable evidence is more credible than the unfavorable.

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Answered on 8/06/02, 9:36 am


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