New Trends Changing the Way Lawyers Do Business in Social Security Disability Law
Lee Ann Torrans Social Security Disability Attorney McKinney Texas
Face to face telecommunication has had a large impact on client conferencing contributing a fundamental convenience for clients suffering from physical and at times mental impairments. Clients with young children, who care for other family members, have limited transportation options or suffering from PTSD often do not want to leave their homes. Other clients can take a lunch hour at work and still speak with their attorney without an interruption to their official work day.
A social security disability attorney understands the essential role a client’s medical records must play in documenting a disability in addition to supporting the Residual Functional Capacity status. An attorney can display a client’s medical records and charts during a video conference to discuss specific physician entries and documentation that should be enhanced or clarified to support a successful Social Security Disability hearing or appeal. This can be done in a way that demonstrates in a hands-on-way to the client how to access, notate and store their own medical records.
Another benefit is that in many states a client may request their medical records for free. Once obtained clients are not sure how to manage their records. Demonstrating DropBox or other management techniques is helpful to clients.
HIPAA Compliant Video Conferencing
Because medical information is a part of the protected communication system covered by HIPAA regulations the system itself must be compliant. While Skype is the best known video conferencing software and owned by Microsoft it is not HIPAA compliant. It is sufficiently encrypted to pass HIPAA standards but without that all important Business Associates Agreement as defined by HIPAA it will never be HIPAA compliant. Skype / Microsft does not offer that agreement. The same is true for FaceTime.
Being sure both the client and attorney can communicate through HIPPA compliant videos and applications represents the most important consideration for online client conferencing which involves medical records. In order to be HIPAA compliant the attorney must have a “Business Associates” agreement with the service provider. This means the company must have the proper privacy and security controls in place. Drop Box became HIPAA compliant two years ago, and even so, a Business Associates Agreement is still required. Using DropBox without the agreement is not considered to be a HIPAA protected form of communication. Transmitted information must be encrypted in motion and at rest.
Convenience and Security
With 79 percent of all Social Security Disability claims initially denied it is crucial to have a Residual Functional Capacity form tailored for the individual’s disabilities and have the medical records document not only every disability in medical terms but in terms of the limitations upon the client’s ability to engage in meaningful work.
Attorneys and clients alike agree that this detailed documentation is often easier to explain and document in an internet communication than it is face-to-face. The documents can be stored electronically and access to them can be explained by the attorney directly to the client. The client is able to see why more documentation is required and understand the longitudinal flow of information from the patient, to the doctor, to the attorney and ultimately as evidence during a hearing or an appeal to support a disability claim.