Asbury, NJ Personal Injury Law Firms & Lawyers

The answer to your question, whether it is "legal" for a medical provider to charge for reports, medical records and other items, depends on what you mean by a "medical disability case" and what type of items you are referring to. Generally, medical providers are permitted to charge for medical records under Nebraska Revised Statute 71-8404. This statutes sets forth the amounts that can be charged for various items such as medical records, x-rays and similar special medical record. However, under 71-8405 medical providers may not charge a person for medical records if the records are to support "an application for disability or other benefits or assistance or an appeal relating to the denial of such benefits or assistance" under Titles II, XVI or XVIII of the federal Social Security Act. In addition, these statutes do not cover special reports issued by a medical provider generated specifically as it relates to a person's legal case (car accident; workers' compensation; personal injury; etc.). A medical provider can charge more than the amounts set forth in ? 71-8404 for these types of special reports. Without knowing whether you are applying for Social Security Disability benefits I cannot comment on whether your medical providers can charge for copying your medical records.

You should at least seek legal advice from your local attorney regarding your medical expenses as well as your pain and suffering. Medical documentation should be provided to your insurance company to substantiate your injuries. You should be aware that your premium can be raised if the payment for the claim is against your insurance policy only if that the other party was uninsured and the terms of your policy determines your monetary relief.