Legal Question in Family Law in Maryland

Can I sue my husband for this?

My husband has suffered from psychological problems for about 7 years. One of his psychiatrists told him that he should put in for medical disability because he can't seem to hold a job for very long. He stopped seeing this doctor 3-4 years ago because she had him admitted to the psych ward of a hospital for a 5 day stay. He has refused medical treatment since then. We still have 2 children at home and he has not been able to provide for us these past few years. I work, but just don't make enough. What recourse do I have in this situation? Can I sue him for being medically impaired enough that he chooses NOT to be treated? We have lost everything and owe everybody. I can't keep doing this. If I leave him again he is going to die because he can't take care of himself. I used to think he was just stupid and stubborn, but this is not the same man I married and he is just really sick. Help!


Asked on 2/21/06, 2:06 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can I sue my husband for this?

It appears that an involuntary admission for medical care may be appropriate. This is not an easy process. It requires two physicians certifications and a judicial process. It is possible that your actions in this regard will spike his attention and he may voluntarily seek admission. You have a difficult situation and I wish you well.

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Answered on 2/22/06, 9:08 am
Carolyn Press Chung & Press. P.C.

Re: Can I sue my husband for this?

I don't see that you have grounds for a divorce as long as you are living together, and you can't sue someone for being medically or mentally impaired. While at some time you might decide to separate from him and divorce him, there is a better way to go currently. Your husband should file for Social Security disability insurance benefits, and the sooner the better. The longer he delays, the more of his potential benefits will be lost. If he is found to be disabled, he will receive not only monthly payments but also retroactive payment based on what he would have received monthly during the time he has been unable to work. Your minor children will also receive benefits based on their father's disability. The retroactive payment ("back benefits")can not be paid for a period more than one year before the date his claim is filed. You can help him get the claim filed, since he is likely to be in denial and uncooperative. Another reason not to delay is that medical records from the time he was seeing the psychiatrist will become harder to get if you wait too long. You should find a lawyer who does a lot of Social Security disability cases to represent him, because the odds of a favorable decision increase greatly when a lawyer is involved. Legal representation will not generally cost anything unless there is a favorable decision, and then it will be a percentage of the back benefits. You should not engage a lawyer whom you might want to represent you at some time in a divorce action against your husband, because the lawyer, having represented your husband in the disability case, would be barred on conflict of interest grounds from representing you in an action against your husband. It is likely that the increased income will relieve a lot of stress for the whole family, and you may end up deciding that a divorce is not a good idea. I hope so.

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Answered on 2/22/06, 11:48 am


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