Conn's Files Not Destroyed After All?
A photo recently obtained suggests that disgraced former Social Security Disability attorney Eric Conn may not have destroyed all of his clients’ files, as had been previously alleged. This development is significant because the files may contain the only remaining medical evidence to support his former clients’ applications for disability benefits.
The Social Security Administration has required that thousands of Conn’s former clients undergo redetermination hearings, but many clients have faced difficulty in obtaining medical evidence dating back to when they were awarded benefits. Physicians' offices are required to maintain files only for a certain period of time. Many disability recipients have had their benefits cut off because they weren’t able to obtain the old medical evidence.
A Kentucky news outlet reached out to the Department of Justice concerning the files. A DOJ attorney responded via email stating:
“It is inaccurate to report that the United States is moving forward with the redetermination process while simultaneously denying claimants access to the records needed to appropriately litigate their claims. It is also inaccurate to report that the Justice Department advised individuals that the files were destroyed. The U.S. government has not forfeited Conn’s law office yet. Those proceedings are pending before the Court. Therefore, the Justice Department does not have custody of the law office and have neither the authority to admit or deny anyone from entering the property. Moreover, the contents of the law office, including the claimant files, are not subject to forfeiture, thus, the United States does not and will not possess or have access to the claimant files. However, the Department is assisting in the process of having a receiver appointed by the Kentucky Bar Association, who has constructive possession of the files, to gain actual possession of the files, and return them to clients for their SSA redetermination hearings.”
It is unclear whether the Social Security Administration will stop the redetermination proceedings while the case files get sorted and distributed.
Disclaimer: This blog provides general information on legal issues and is not a substitute for legal advice. Each individual claim is unique. To seek legal guidance, you should contact an attorney.