SSDI Medical Reports

[curiouscat623]

What is the name of your state? PA

Does anyone know if its legal to subpeona the Dr's Report/Medical report from a social security/disability claim? My ex is on disability for Bipolar disorder, and I would like the judge to be able to see her medical records from when she filed for SSDI because I know that when she applied it was probably one of the few times that she was honest about her mental state. Also, I think that if she knows that my lawyer is able to do this, it might make her more likely to compromise in mediation, as she would be afraid that it might look bad for her if it went to litigation, and the judge saw this evidence. At this stage we're heading into court for the first time, but I'd like to know for future reference. Thanks.

 

[LdiJ]

What is the name of your state? PA

Does anyone know if its legal to subpeona the Dr's Report/Medical report from a social security/disability claim? My ex is on disability for Bipolar disorder, and I would like the judge to be able to see her medical records from when she filed for SSDI because I know that when she applied it was probably one of the few times that she was honest about her mental state. Also, I think that if she knows that my lawyer is able to do this, it might make her more likely to compromise in mediation, as she would be afraid that it might look bad for her if it went to litigation, and the judge saw this evidence. At this stage we're heading into court for the first time, but I'd like to know for future reference. Thanks.

Well, first you need to remember that biopolarism is something that can be controlled with medication. Therefore if mom's bipolarism is currently controlled...it has the potential to backfire on you if try to make it an issue.

However yes, its possible to subpeona medical records.

 

[curiouscat623]

She goes through periods where she takes her medication regularly, and then she thinks that she's cured and stops. This time she claims that her CPS caseworker told her that she's fine, and she doesn't need counseling (ie also where she gets her meds) anymore. Which is absolutely ridiculous, as they are not mental health professionals and would never say anything of the like. Please pardon my naivete, but if she was able to control it by simply popping a pill why would she be eligable for SS benefits? She just started receiving them 1.5 years ago. I've always thought that they were pretty tough about who they will give disability benefits to....

 

[rmet4nzkx]

You are going to have to work with your attorney on this. It is possible for the records to be subponeaed if SHE made psychological injury an issue, however due to HIPAA and other confidentiality laws it would require a court order to subponea the records. So if she claims that the CPS worker told her not to take medication, then they/reports could be subponeaed which might lead to the medical records being subponeaed, or you attorney might make a motion depending on what has happened. Being on SSDI does require the disability to be sufficiently disabling that regular work is not possible, it doen't automatically make a parent not capable of custody of their children. It might be possible for the court to order psychoological evaluation and compliance with treatment. The way the system works it may take several hearings before what you seek is accomplished.