The Social Security Administration has enacted new regulations that clarify what evidence you and your attorney must provide to Social Security. When you apply for Disability benefits, you are required to tell Social Security about all evidence that relates to your claim – even if it hurts your case. Your lawyer or representative has the same obligation to turn over or tell Social Security about evidence. You are required to provide Social Security the following:
- Medical Records
- Medical Opinions
- Medical Examinations
There are only two narrowly defined exceptions:
- Your Attorney’s Work Product: This only covers your “attorney's analysis, theories, mental impressions, and notes.”
- Information covered by the Attorney Client Privilege: The attorney-client privilege protects confidential communications between an attorney and their client that are related to providing or obtaining legal advice.
Neither of these exceptions includes factual information, medical source opinions, or other medical evidence. Indeed, concealing or hiding evidence from Social Security could result in criminal or civil penalties.