Legal Question in Personal Injury in New York

How do you obtain records of a federal agency for use in a stste court action?

I am defending a personal injury case in a state court brought by a plaintiff who is receiving social security disability benefits. The social security administration, despite repeated requests, has refused to provide copies of the disability records. How can i obtain the disability records? If an action needs to be brought in federal court, what type of action is it, and does anyone have any useful forms?

thank you.


Asked on 4/26/00, 9:14 am

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: How do you obtain records of a federal agency for use in a stste court actio

This is quite the conundrum---you can only get the records for the state court action by having a judge "so order" the subpoena.

However, it cannot be the state court judge who does this, because the state court does not have jurisdiction over a federal agency. It must be ordered by a United States District Court judge. In other words, you must go into Federal Court to get the records.

Good Luck.

RRG

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Answered on 6/08/00, 10:13 am


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