A year ago, early in my divorce, I was jobless, and pretty destitute. Wife made $220k. She complained to a judge that I couldn't provide support, and asked judge to order me to apply for SSDI. The judge so ordered. I went through the SSDI process and was approved. Now, wife had a judge order that ALL the SSDI records, including medical records be released by me to wife for use in trial against me (parental competency). Question: Didn't the court basically order me to not just to produce discovery documents for wife's use, but actually order me to have the Social Security Administration CREATE evidence for the other party? Isn't that messed up??? Should I complain before signing release of records?Just to simplify, the issue I have is that the court issued an order that I tell the SSA that "I am disabled", and then is also ordering that the product of this order be given to the other party for use. I feel this is a back-door ordering of a medical or psychological evaluation. Can the court order me to "create" evidence for the other party?
Judges have broad discretion to make orders that are in the best interests of the children. Based upon the limited information provided, by claiming you are disabled and unable to work, your eligibility for SSDI will provide an additional income resource for the care and maintenance of your children, which is always a good thing. Sounds like your wife got creative and decided to use your disability to her advantage and argue that it impairs you ability to parent your children as well. I assume the medical records sought existed prior to your application for SSDI. Not to be insensitive, but by claiming you were disabled to the point where you could not work, you put your medical condition at issue in the case, and "opened the door" to your wife and the court, as they say. If you are concerned about portions of your medical history, in that they are unfairly damaging to you, you should consult a lawyer who has experience in dealing with sensitive issues and potentially harmful information that might exist in your records.
It's unfortunate, but the Judge is acting in the children's best interest, and providing financial benefits for the children is always good. And if there is something in your medical history that is relevant to your ability to care for the children, a court is always going to inquire into that information.
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If the judge ordered you must provide, or have a great legal reason not to.
henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- [email protected] (978) 749-3606.
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