First, regarding the fact that the claims representative contacting you regarding this, and the fact that they are they are contacting you - when all disclosure and discovery was supposed to be requested or at least discussed at the pre-hearing is odd.
Remember back clearly that the Judge asked the AG repeatedly as if she were shocked that the only issue that remained was whether a crime occurred, and that the amount of benefits would be determined after the hearing if there was a determination that a crime occurred.
One might email victim services back, specifically advising them that at the pre-hearing that the amount of compensation would only be discussed after it was proven you were the victim of a crime. Indicate that damages aren't being discussed at the hearing, and ask politely, if they still require that evidence, and if so, for what purpose.
You might mention that given that the parties stipulated at the pre-hearing that compensation wouldn't be brought up during the hearing, that you can no now longer prepare for the hearing - since you were advised, and relied on the pre-hearing ruling that damages would not be discussed. Seek a continuance based on this. Remember, you must share your list of who you are calling as a witness with the other side.
One might ask for a second pre-hearing to clarify this, given that specifically you were told that information regarding damages is being requested, and this is contrary to what was discussed at the pre-hearing.
Be very, very polite, and ask for clarification from all parties regarding that agreement. Again, the rules indicate you are allowed speak to the hearing officer alone (so long as you discuss procedural matters and not the facts that are in issue), and the AG as well. Have you tried to settle this case?
So, I would email all parties requesting clarification, since the representatives of the AG are seeking information from you that is not at issue in the hearing.
Remember - be polite, and ask as if you wanted to ensure that Victim Services did not have a misunderstanding of what the rulings were at the pre-hearing.
Another option for you to consider, is that you will eventually have to cough up everything to prove damages, and if that's the case, if your medical records don't hurt your case, and actually help your case, there would be no reason not to just reveal them.
However, think of this - if they want to use these records to prove (or show lack of proof a crime was committed) that you never saw a doctor, never sought treatment, etc. - it would be admissible if you are now claiming that the injuries were so serious that you are disabled - yet never sought treatment of any sort. That could be what they are really looking for. You can't play games and hide treatment records given that if it is determined you are misleading them . . . think what that does to your claim.
It would be normal, if a person has debilitating injuries to see a doctor. If you didn't and all your records were released, they could indeed use that against you. The crime you are being compensated for is "battery" - and indeed medical records could reveal what injuries you suffered.
BUT - right now you might also think about the statute indicating that the parties could settle the matter. If you have good proof of injuries, this might be a good time to attempt to settle the issue. The rules say the parties can settle. It might be worth a try.
Finally, normally one would write a letter regarding this request. If they rely on emails to makes these requests, I don't believe that it is wrong for you to respond by email - and then there is a chain of emails discussing the topic, already in the order they took place. Normally one would draft a formal letter.
Since they contacted you that way - I believe email is fine.
It is an odd situation, as we have discussed, the AG - right on their web-page indicates that the AG is attempting to fulfill their moral obligation - not just their legal obligation to compensate victims of crime. If you lost that chat of ours in which we discussed this, I will find it for you.
Indeed you are correct, based on the rules that we discussed long ago - my answer regarding this question is actually exactly what you mentioned in your question:
YOU SAID: It is the AG that should have been asking for records, providing discover, and resolving all issues that could be resoled during the pre-hearing.
That is the law, and we have discussed that. That issue as well could be discussed in a letter if indeed they are now changing their goal at the hearing and not only trying to prove that you weren't victim of a crime - but are now adding additional issues.
One might ask for a supplemental pre-conference to clarify these issues. Continuances are granted, and they are asking for information that the AG indicated was not at issue in the pre-hearing.
As we discussed earlier when I provided the statute, either party can contact the hearing officer in advance of the hearing in Order to request a continuance or discuss procedural matters anyway.
When is the hearing date set? No late requests should be made for a second pre-hearing to settle these issues, since the government has now asked for additional records that aren't relevant (of course by now you realize that the word "relevant" means that the records they want "don't matter" and aren't related to what the AG declared was the ONLY ISSUE that was not resolved.
Copy all parties.
Generally, hospital records and medical records of your injuries could be used to show that there was actually an assault that took place - and that you aren't making this out of the blue. However, given that they asked specifically when
I answered Question 4 in my answer to Question 3 - except for the following.
If they want to use the information to prove you weren't the victim of a crime (let's pretend that in your original application that you said you were viciously beaten over the head until blood was pouring all over (exacerbation to use as an example) - but you went to the doctor and the only thing that was treated was a sprained finger from when you fell.
In that case, the medical records are fair game.
Arguably, mental health records are fair game if you have a mental condition that relates to your ability to perceive, and recall events.
If you give you medical records, you can't pick and choose - it's all or nothing. If you have a second pre-hearing, and they indicate that they do want to litigate damages, you will have to turn them over. If you choose and hide records, it will destroy your case, and lessen your credibility, and even result in the hearing officer ruling against you based on your refusal to provide all the request records.
We've talked about that before, and the law is our first discussion.
You just answered the most important question yourself - if you tried to provide medical records when they were evaluating your claim, and they never asked for them, and an incredibly good argument about why this appeal must be granted, and indeed it is a manifest injustice.
Regarding your 4th question - that's why many attorneys would send a letter or email in such a case to ALL PARTIES, REMINDING THEM ABOUT THE ISSUES THAT WERE AGREED UPON DURING THE PRE-HEARING.
Regarding this, many would draft a letter and ensure that copies are sent to all parties, and ensure the original is sent to the Court. Since this involves a more serious issue, I would actually draft a formal letter regarding your concerns including the email record.
Remember, all these rules indicate that there should be open communication among all parties, but none of this was discussed during the pre-hearing. Ask the question regarding whether the AG is attempting to prove more than what she indicated the only issue was going to be at the pre-hearing.
One might, in writing, ask for a supplemental pre-hearing to address these issues.
But remember above all - you have to provide the other side with the evidence and witnesses you are going to use and call at the pre-hearing, so if you didn't do that, you must do that now.
Please reply w/ follow-up questions that I have created in this answer.