By: Matthew DeGioia, Law Clerk

The Social Security Administration (SSA) extends an affirmative duty to Social Security Disability (SSD) claimants, as well as their representatives, to inform SSA of or submit all evidence that is known to relate to whether or not the claimant is disabled. See 20 C.F.R. § 404.1512(a)(1). Patients generally have the right to inspect and obtain a copy of their medical records under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 42 U.S.C. § 1320d et seq., and therefore it is rare for claimants to be found in breach of the duty prescribed by SSA, provided that they inform SSA of or request and timely submit into evidence all medical records that are relevant to their treatment.
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By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Just like Ronnie Dunn (of Brooks & Dunn) sang in 2011, “the cost of livin’s high, and going up…”

Even though experts across the country wondered if 2019’s cost of living increase would top 3%, two weeks ago the SSA issued a press release indicating that the increase for 2019 would be 2.8 %. The SSA press release can be found here:   https://www.ssa.gov/news/press/releases/2018/#10-2018-1

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