Child and Spousal Support Increase Request for Medical Information

Asked 8 months ago - West Orange, NJ

Last August, four months ago, my lawyer gave me a HIPPA form to sign and send to my doctor so that my lawyer could contact my doctor regarding my medical condition. I signed the form, sent it to the doctor and followed up with the doctor to ensure the doctor had received it. Doctor's office confirmed they had it.
I am disabled and unable to work. I hired the lawyer to help get me an increase in child and spousal support. I advised the lawyer more than once that my doctor confirmed receipt of the form months ago. To date, the lawyer has not contacted my doctor. It is my understanding this information is necessary for us to go to Court. What can I do? I have paid this lawyer alot of money, most of which has been spent.

Attorney answers (3)

  1. Jason David Roth

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . Call your lawyer and discuss your concerns. If you cant reach your lawyer by telephone, speak with his/her secretary and schedule a meeting. If the lawyer still does not contact you after you reach out to the lawyer a few times, (absent a good reason like the lawyer being away for the holidays), contact another attorney in your area, and get his/her opinion of the situation, after presenting all facts to him/her.

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  2. Curtis James Romanowski

    Pro

    Contributor Level 13

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    Lawyers agree

    Answered . In my experience, doctors have been very uncooperative about this issue, even with the HIPPA forms signed, sealed and delivered. I have always asked the court's assistance with such matters. That has typically been while the initial matter was pending, and all I had to do was pick up the phone and call in to chambers to request assistance. The judge typically would sign an order that we would prepare, and served upon the doctor, demanding compliance. Regardless of whether or not this is technically enforceable against the doctor is another matter, but it has always worked for me. In your case, you are post judgment. Although it would be nice to have the documents in hand before filing a motion, in your case, I would proffer your disability in a supporting certification to your motion, and also attach a copy of the HIPPA forms that were sent to your provider, along with the covering correspondence, and request the court's assistance there as well. Also, have you applied to the SSA for disability yet? If not, you should do so immediately, inasmuch as coverage is typically denied after only applying once, and since having an administrative agency's disability determination gives you a sizable advantage with the proofs and shifting the burden of going forth with the evidence. Hope this helps.

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  3. Andrew A Bestafka

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I agree that you should speak to your attorney. S/he may be trying to get different information form different sources first? I also agree that doctors do not always quickly and readily comply with a lawyer's request.

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