For matters that touch and concern medicine and medical practice
Shyam A. Jha, MD, JD
- for Social Security Disability Insurance.
- Texas Medical Board Defense.
- On cases that require interpretation of medical records.
Currently I am accepting clients only from Dallas Fort Worth and surrounding areas.
Social Security Disability Claim
Thinking of filing a disability claim?
It is not necessary to engage an attorney to file a social security disability claim; however, it is useful to consult a qualified attorney even before you file a social security disability claim.
Many people make the mistake of engaging an attorney after their claim has been declined.
Consulting an attorney who understands the social security disability process and the medical and non medical criteria used by the Disability Determination Service can help you succeed in the first attempt.
After a review of your medical and financial records I can advise you whether you meet the disability criteria or not. If you meet the criteria I will represent you, prepare and submit a brief, and ask for a decision on the record.
If the claim is unsuccessful then I will represent you throughout the appeal process.
Denied a disability claim?
You have to appeal the denial within sixty days.
If you did not have an attorney and your social security disability claim was denied then you can request a reconsideration, hearing by an administrative law judge, and seek the assistance of an attorney to present your case.
Judges do not have the knowledge to interpret medical conditions. They depend on Disability Determination Service and attorneys to assist them in understanding the medical basis of your impairment, and how that impairment meets and satisfies the criteria for disability as laid down by Social Security Administration.
This area of practice requires an understanding of medical as well as legal issues. With my background in medicine and law I can understand your medical condition, review the medical records, interpret the medical findings, and present it to the judge for a favorable decision.
There are many if’s and but’s to social security disability claims. I do not accept every case. A majority of claims fail because the medical condition is not severe enough, or the medical record does not reflect how it meets the disability criteria.
Texas Medical Board Defense
Texas Medical Board is entrusted with regulating the practice of medicine by physicians in the state of Texas. They investigate complaints and initiate disciplinary action against the physician, … if appropriate.
Even though the nature of this investigation in most cases is clinical, and the physician is well qualified to respond to this investigation; … it is not something that a physician should respond to without legal advice. The language used by the medical board is full of legalese, their demands are over-broad, and their actions have serious consequences.
The very first step that the physician should take without delay … is to call their medical liability insurance. The liability insurance policy has a limited coverage to defend the physician against action by licensing authorities, and they will enlist an attorney to advise and represent the physician.
Some actions can be resolved withing your coverage limits and some can not.
An attorney who has a medical background will have a better understanding of the issues and in the long run cost less than the attorney who needs the assistance of medical experts to interpret the medical records.
If the physician accepts the conditions imposed by the Texas Medical Board in lieu of disciplinary proceedings … then the matter has the potential of being resolved. However, those conditions have consequences that the Medical Board does not explain, … and does not care about. It is important to consult an attorney to understand how those conditions can impact future medical practice, and then negotiate those conditions to reduce the adverse impact.
If the matter can not be resolved then Texas Medical Board files a formal complaint with State Office of Administrative Hearings, and the case is heard by the Administrative Law Judge, who then issues a proposal for decision. It is a court proceeding where the Texas Medical Board is your adversary and the evidence is presented to a neutral fact finder. At this stage again the physician is better served by an attorney who has knowledge of medicine and medical practice to present evidence, counter Texas Medical Board’s medical experts, and explain medical issues to the court.