fighting a subpoena

[Malex1]

What is the name of your state (only U.S. law)? PA
Hi -my ex is trying to subpoena my therapists records to try and fight the recommendation for alimony. How do I file an objection to the subpoena?
Thanks

[Proserpina]

Originally Posted by Malex1

What is the name of your state (only U.S. law)? PA
Hi -my ex is trying to subpoena my therapists records to try and fight the recommendation for alimony. How do I file an objection to the subpoena?
Thanks

What is your basis for the objection?

What is your ex trying to prove?

[Malex1]

My objection is (1) it is irrelevant and (2) that it is privileged. I have a fairly severe physical disability and am on SSD; the initial support recommendation was for permanent alimony, and my ex is trying to prove that I am not actually disabled. I have already signed release forms for all medical information relating to the illness that caused my disability, but my ex is claiming my therapists records are somehow relevant to my earning capacity.
Thanks for your help.

[Proserpina]

Originally Posted by Malex1

My objection is (1) it is irrelevant and (2) that it is privileged. I have a fairly severe physical disability and am on SSD; the initial support recommendation was for permanent alimony, and my ex is trying to prove that I am not actually disabled. I have already signed release forms for all medical information relating to the illness that caused my disability, but my ex is claiming my therapists records are somehow relevant to my earning capacity.
Thanks for your help.

I'll go out on a limb here....if you have been deemed disabled by Social Security your ex is going to have a very hard time proving otherwise.

Is there anything in those records which could become an issue?

[Malex1]

There is nothing really relevant to the case there, but I sought out therapy when I was distraught upon discovering my husband had been cheating. . . so its not exactly something I would want part of the public record or have my ex have access to. And in the future, I don't want to feel like I have to guard everything I say with a doctor or a therapist because it might wind up in court one day.

[Ohiogal]

Originally Posted by Malex1

There is nothing really relevant to the case there, but I sought out therapy when I was distraught upon discovering my husband had been cheating. . . so its not exactly something I would want part of the public record or have my ex have access to. And in the future, I don't want to feel like I have to guard everything I say with a doctor or a therapist because it might wind up in court one day.

Since you want permanent alimony due to disability, your ex has a right to question and investigate any alleged disability and he will most likely get a court order for ALL of your medical records. If you didn't want medical/therapist records to play a role then YOU should not have petitioned for alimony due to disability.

[Ohiogal]

Originally Posted by Dogmatique

I'll go out on a limb here....if you have been deemed disabled by Social Security your ex is going to have a very hard time proving otherwise.

Is there anything in those records which could become an issue?

But he has a right to try. And he has a right to ANY information that can aid him. She brought disability into it. he has a right to all of her medical records in order to fight the claim. She needs to be prepared for it. If she had not petitioned for alimony, her disability would not matter nor would her medical records.

[Malex1]

I didn't exactly bring disability into it. I was in an auto accident which brought disability rather forcefully into my life, at which point he promptly found someone else. I can see that he has a right to all my medical records that relate to my disability, and indeed have already provided them. But I fail to see how a disability gives him a right to my therapy records, since they are in unrelated to the disability. Because I am disabled, does he also have a right to subpoena my email, as well?

[Ohiogal]

Originally Posted by Malex1

I didn't exactly bring disability into it. I was in an auto accident which brought disability rather forcefully into my life, at which point he promptly found someone else. I can see that he has a right to all my medical records that relate to my disability, and indeed have already provided them. But I fail to see how a disability gives him a right to my therapy records, since they are in unrelated to the disability. Because I am disabled, does he also have a right to subpoena my email, as well?

Actually all of your medical records relate to your OVERALL health. Just because you are disabled doesn't mean you can do NO work at all. Your overall health is at issue when you are claiming disability and that you need permanent alimony. He has a right to investigate whether your medical situation is as you state or whether it can be changed or whether you are faking or various other things.You don't get to pick and choose what medical records you want him to see. Therapy is related to your overall ability to provide for yourself -- hence your need for alimony.

[Malex1]

Actually, the court already restricted his discovery request for medical records to only those pertaining to my disability. He then came out with this subpoena for my therapist (which were not considered medical records, since my therapist is not a doctor). If he has already been told that my disability does not, for example, give him the right to all my gynecological records, I don't think it would that difficult to convince the court that it does also not include a therapist.

[LdiJ]

Originally Posted by Malex1

Actually, the court already restricted his discovery request for medical records to only those pertaining to my disability. He then came out with this subpoena for my therapist (which were not considered medical records, since my therapist is not a doctor). If he has already been told that my disability does not, for example, give him the right to all my gynecological records, I don't think it would that difficult to convince the court that it does also not include a therapist.

I agree. If the court has already restricted his discovery to medical records pertaining to your disability, and already told him that gynecological or other records do not pertain, then you have a definite chance a quashing the subpeona for the therapy records.

I also cannot see any way that they are even relevant. Your disability is a physical one not a mental one.

[Ronin]

PA is one of few states that puts the confidentiality of psychologist-patient communications on par with atttorney client privilege. So any attempt to subpoena such records should be objected to based upon the applicable statutes, which then throws the ball back to the other side to try to get a court ordered subpoena for such records.