Call a NC Disability Lawyer Today at (800) 508-9684 or Email Mr. Paletta directly at

Disability Law Blog

Home/Disability Law Blog

ONC’s Final Rule & HITECH

ONC's Final Rule. Are HITECH medical records requests now Obsolete? In 2018 I wrote an article explaining why HITECH medical records requests were "an excellent tool attorneys can use to obtain medical records at a lower cost". Click here to see the article. A lot has changed since 2018. On January 23, 2020, the United States District Court for the District of Columbia entered a Decision in the case of Ciox Health, LLC v. Azar. The Court ruled that the HITECH cap on the fee a patient can be charged for [...]

By |2020-07-08T18:34:36+00:00July 8th, 2020|Disability Law Blog|0 Comments

ONC’s Cures Act Final Rule

ONC's Cures Act Final Rule. In this article I will discuss how federal regulations adopted on May 1, 2020 dramatically change the rules of the game on how patients can access their electronic health records, and what fees can be charged for such records. The 21st Century Cures Act. The 21st Century Cures Act was adopted in 2016 to help accelerate medical product development and bring new innovations to patients including improved access to medical records. This Act encourages the "interoperability" of electronic health records. The term interoperability means ". . . [...]

By |2020-07-08T16:01:08+00:00July 7th, 2020|Disability Law Blog|0 Comments

MyChart Accounts – A Better Alternative to HITECH.

MyChart Accounts are becoming a better alternative to HITECH medical records requests. I recently wrote a blog on how Ciox Health, LLC v. Azar affects HITECH medical records requests. Click here to read that blog. In this blog I want to suggest a better option to HITECH medical records requests is now widely available. This option is the patient's MyChart Account. Most health care providers now offer patients the option to access his/her medical records via an online MyChart Account. Once set up, the patient has access to all his/her medical [...]

By |2020-07-07T17:31:36+00:00February 21st, 2020|Disability Law Blog|2 Comments

HITECH Medical Records Requests & the CIOX Health Case

The law on HITECH medical records requests has changed due to the recent CIOX Health case. On January 23, 2020, the United States District Court for the District of Columbia entered a Decision in the case of Ciox Health, LLC v. Azar, Case No. 18-cv-00040 (APM). The Court ruled that the HITECH Act cap on the fee a patient can be charged for medical records does NOT apply to records sent to third parties, such as a law firm. The decision of the Court can be found here. In response to [...]

By |2020-07-07T17:33:56+00:00February 20th, 2020|Disability Law Blog|12 Comments

Approval Rates for Social Security Disability Judges.

The Approval Rates for Social Security Disability Judges vary widely among judges. Nationally, it varies from a low of 9% to a high of 96%. In North Carolina, the approval rates vary from a low of 23% to a high of 87%.  The national average is an approval rate of approximately 53%. Clearly, the judge randomly assigned to a disability case is an important factor that influences whether benefits will be awarded. For this reason I have obtained data on the approval rates of each disability judge in North Carolina (see [...]

By |2019-12-17T14:30:34+00:00December 17th, 2019|Disability Law Blog|0 Comments

Top 10 Tips for Hiring a Disability Lawyer Video

Top 10 Tips for Hiring a Disability Lawyer Disability Lawyer David R. Paletta 1. Do NOT hire an out-of-state law firm. Large out-of-state law firms spends thousands of dollars advertising on TV and the Internet. Their # 1 goal is to make a profit. They do not allow you to have a personal relationship with an attorney. In my opinion, they do not provide the level of legal services I believe you are entitled to. 2. If you look for a lawyer online, avoid the middle men. In recent [...]

By |2019-10-31T17:42:58+00:00October 29th, 2019|Disability Law Blog|0 Comments

Degenerative Disc Disease and Disability Video

Degenerative Disc Disease and Social Security Disability.  One of the most common causes of disability is chronic back pain. We have all hurt our back at one time or another. We take it easy for a few days or few weeks and fully recover. However, for some individuals back pain is chronic, severe and debilitating. The Spine. The spine is tremendously important because it provides the physical support for our entire body. The spine has five parts – cervical, thoracic, lumbar, sacrum and coccyx. Spinal vertebrae are bones that form an [...]

By |2019-10-31T17:32:37+00:00August 1st, 2019|Disability Law Blog|0 Comments