Disability Case Designated Representatives

The Social Security Act allows people who have filed disability claims to name a designated representative to access the applicant’s medical records as they are used pursuant to that Act.  A designated representative can be any responsible person.  There is no requirement that a designated representative be impartial.  Therefore, it is perfectly acceptable to name a family member as a designated representative.

When to Request a Designated Representative

If you have any concerns about your own ability to understand the information contained in your medical records or, simply, if you would like another person to have access to the records so that person can help you interpret the records then you may request a designated representative at any time.  If a designated representative is appointed you still have the right to access all of your personal medical information maintained by the SSA for your disability case.

Why the SSA May Require a Designated Representative

The Social Security Administration (SSA) may also require you to designate a representative to look at your medical records.  Most of the time the SSA does this because it has concluded that showing you your own medical records will have an adverse effect on you.  However, the SSA will not tell you that that is the reason for requiring you to have a designated representative.  Instead, the SSA will simply send you a letter indicating that they are requiring you to designate a representative without a reason as to why the designation is necessary.

If you do not respond to the SSA’s written requests to name a designated representative then the file gets sent to the SSA’s Central Office of Disability where it may become difficult to access the records.

The Right to Review Medical Records Used by SSA or DDS

The medical records that may be reviewed by your designated representative include:

• Records, charts or notes kept by doctors, nurses or other medical personnel;
• Reports created with the information provided by doctors, nurses or other medical personnel;
• Medical information contained on social security forms;
• Records, reports or statements created by people who witnessed your medical symptoms.

The law only provides your designated representative with the right to access your medical records.  Any other personal information included in your SSA or DDS file should not e released to your designated representative without your informed written consent.

Help from a Disability Lawyer

It is important to able to access your medical records in order to mount a proper claim or appeal of benefits.  Therefore, if you have been denied access to your records or if you disagree with an SSA or DDS decision regarding the appointment of a designated representative then it is important to seek the advice of knowledgeable attorney who can help you.