Monday, September 25, 2017
Free Medical Records for New Yorkers
On September 13, 2017, Governor Andrew Cuomo signed a bill which allows New Yorkers to obtain their medical records without having to pay a fee if they are needed for the support of an application, claim or appeal for any government benefit program. In the past, claimants applying for Social Security Disability ("SSD"), or Supplemental Income ("SSI") could be charged up to $.75 a page for their medical records by their doctors. This bill will take that financial burden off of the claimant's applying for SSD or SSI, who are usually in financial distress.
Saturday, September 23, 2017
Mental Health Parity Laws
New York and Montana both have mental health parity (“MHP”) laws. The purpose of MHP laws is to ensure that people with mental health problems are treated the same as people with physical problems. Surprisingly, Montana MHP laws provide greater protection for those afflicted with mental health issues than New York does.
A few days ago, a federal judge in Montana ruled that Montana’s MHP law requires group disability plans to provide claimants with the same benefits for a mental illness as it would if the disability were due to a physical impairment. While New York’s MHP requires group health plans to provide equal coverage regardless of whether the impairment being treated is mental or physical, New York’s MHP does not require group disability plans to provide equal coverage.
The difference in the States’ MHP is significant because the overwhelming vast majority of group disability plans limit benefits for 12-24 months for mental impairments. In Montana, Sand-Smith v. Liberty Life ruled that group disability insurers cannot enforce plan provisions that limit benefits if the claimant’s impairment is mental. New Yorkers currently lack the same protection.
New Yorkers should contact Attorney General Schneiderman’s office and the State’s Department of Financial Services to advocate for expansion of the MHP law to apply to disability plans in addition to health plans.
A few days ago, a federal judge in Montana ruled that Montana’s MHP law requires group disability plans to provide claimants with the same benefits for a mental illness as it would if the disability were due to a physical impairment. While New York’s MHP requires group health plans to provide equal coverage regardless of whether the impairment being treated is mental or physical, New York’s MHP does not require group disability plans to provide equal coverage.
The difference in the States’ MHP is significant because the overwhelming vast majority of group disability plans limit benefits for 12-24 months for mental impairments. In Montana, Sand-Smith v. Liberty Life ruled that group disability insurers cannot enforce plan provisions that limit benefits if the claimant’s impairment is mental. New Yorkers currently lack the same protection.
New Yorkers should contact Attorney General Schneiderman’s office and the State’s Department of Financial Services to advocate for expansion of the MHP law to apply to disability plans in addition to health plans.
Wednesday, September 20, 2017
OTRs to Reduce Backlog
Yesterday, The Denver Post published an editorial entitled Social Security’s lag time in disability assistance is unconscionable. The editorial noted that thousands of people die waiting for hearings. A couple of days ago, AP News published stating that, “More than 1 million Americans await a hearing to see whether they qualify for disability benefits from Social Security, with the average wait nearly two years — longer than some of them will live.”
In the recent past, OTR decisions have been helpful in reducing the hearing backlog in the past. As recently as Fiscal Year 2010, senior attorneys issued more than 54,000 on-the record decisions, and OTRs were not uncommon. However, last year just over 1,000 were issued, with this year following suit.
Senior attorney or attorney advisor’s would approve OTRs when medical-vocational rules directed awarding benefits, or when a listing was met. I had a hearing today, where the medical expert said the claimant met a listing, and the ALJ indicated that he was accepting that opinion. This case would have been approved by a staff attorney OTR several years ago, and resuming the program to allow them to issue OTRs would be an effective start to help alleviate the backlog.
In the recent past, OTR decisions have been helpful in reducing the hearing backlog in the past. As recently as Fiscal Year 2010, senior attorneys issued more than 54,000 on-the record decisions, and OTRs were not uncommon. However, last year just over 1,000 were issued, with this year following suit.
Senior attorney or attorney advisor’s would approve OTRs when medical-vocational rules directed awarding benefits, or when a listing was met. I had a hearing today, where the medical expert said the claimant met a listing, and the ALJ indicated that he was accepting that opinion. This case would have been approved by a staff attorney OTR several years ago, and resuming the program to allow them to issue OTRs would be an effective start to help alleviate the backlog.
Subscribe to:
Posts (Atom)
