LAW OFFICE NOTES
October 24, 2008
James R. Linehan PC
7301 Ranch Road 620N
155-328
Austin, Texas 78726
800-266-9535 TOLL FREE
Greetings!

It is time again to answer some common questions that are routinely asked by claimants in their Veterans disability, federal workers' compensation, medical disability retirement and social security disability claims.  If you have a specific question you for which you would like an answer, please feel free to contact me directly.
 
Sincerely,
Jim Linehan
 
I would like to hire someone to represent me on my VA disability claim.  Can I hire anyone or are there rules as to whom I can hire?

The laws regarding representation of VA disability claims have just recently been changed.  Basically the laws now require that for an agent or attorney to represent a veteran on his or her VA disability claim, that agent or attorney must be "accredited".   To be accredited the agent or attorney must have gone through an application process with the VA after which the agent or attorney will be issued a VA accreditation number. Beginning September 25, 2008, when VA receives a VA Form 21-22a from an unaccredited attorney, it will contact the claimant and advise him or her that VA will not recognize the unaccredited attorney as the representative of record until he or she is accredited. 

To check whether or not your agent or attorney is accredited to represent you on your VA disability claim, click here.

I have a disability claim with the VA.  I need to see a copy of my VA claims file.  Can I have a copy of my VA claims file, and how do I do that?

Yes you are entitled to have a copy of your claims file from the VA.  The easiest way to get a copy is to physically go to the local VA office that has your claims file and make a copy there.  However that is usually not practical.  To have a copy of your VA claims file sent to you by mail, you need to send a VA form 3288 request to the VA office.  Click here to obtain this VA form 3288.

I also have a disability claim with the Social Security Administration.  How do I get a copy of my SSA disability claims file?

Once again the easiest way to get a copy of your disability claims file from the SSA is to go to the SSA office that has your file and make a copy there.  But you can also send in a request to the SSA to have a copy mailed to you.  This is a SSA request form 3288.  Click here to download the SSA form 3288.

What if I have a federal workers' compensation claim with the USDOL Office of Workers' Compensation Programs (OWCP).  Can I go to the OWCP and get a copy of my claims file there?

 No.  The various OWCP offices scattered around the country do not have copies of your claims file.  The OWCP stores all of its claims files in a large facility in London, Kentucky.  To obtain a copy of your OWCP file you have to make a Privacy Act request.  Send your request by certified mail to "USDOL/OWCP/ACS,  P.O.  Box 8300, DFEC Central Mailroom, London, KY 4074208300.  Write "PRIVACY ACT REQUEST" on the outside of the envelope.  Your request should be a simple letter that asks for a complete copy of your OWCP claims to be sent to you.  You will need to include your name, telephone number, mailing address, OWCP claim number, date of injury, social security number, date of birth and your signature.

I am also filing for medical disability retirement with the Office of Personnel Management (OPM).  How do I get a copy of my OPM file?

OPM is one of the more difficult, if not the most difficult federal agency to locate and contact.  The OPM website is very poor and practically useless.  Your file may be actually scattered among different OPM offices.  The only way to obtain your file is to review what paperwork you do have and find the OPM address that appears to most recently have your file and to send a Privacy Act request to that office.

For all these claims I am required to submit copies of my medical records to these federal agencies.  Can my doctors and hospitals charge me for copies of my own medical records?

Yes, but each state has different rules as to what your medical provider can charge you for copies of your own medical records.  To find out the  copy cost rules for your particular state click here.

As I was obtaining my medical records I just found out that my doctor had previously released my medical records to others without my knowledge or permission? Doesn't this violate my right to privacy and can I sue my doctor?

You are referring to a possible violation of your privacy rights under HIPAA (Health Insurance Portability and Accountability Act of 1996).  HIPAA is the federal law that supposedly protects your medical records from public view. 

Unfortunately HIPAA is largely all talk and very little bite. 

Your doctor may have violated HIPAA when he released your medical records to others without your permission.  But there is little to nothing you can do about it.  Federal Courts have already ruled on your right to sue your doctor under HIPAA should your medical records be wrongfully released.  The courts have found that there is no such private right to sue.  According to the federal courts, the US Congress, as it was drawing up HIPAA, simply forgot or even intentionally left out from the law the right of individual patients to sue their doctors for HIPAA violations.  Your doctor may have indeed violated HIPAA by putting your medical records into public view but you have no right to do anything about it under HIPAA.  Click here to read the caselaw.

Trying to understand the laws and regulations surrounding disability benefits can be incredibly confusing for the layman. It's almost impossible unless you have devoted your education and career to understanding this specific niche. If you want to cut through the all the confusing obstacles that stand in your way, give the offices of James R. Linehan a call as soon as possible. If too much time passes, you could miss out on your
Veterans Disability,
Social Security Disability,
 Federal Workers Compensation OWCP,
or
OPM medical retirement benefits.
For your convenience and quicker communications, Click here oovoo  and download this free program. It will only take a minute.  Once downloaded to your computer, add my name as follows: "jimlinehan" to your new ooVoo contact list.  You will then be able to upload and transfer any documents or files (if you have them scanned into electronic format) directly and immediately to me through oovoo and you will also be able to talk with me "live" with full video and audio!
 
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WWW.LINEHANPC.COM