4 those of U who have been to your court for SSD

Discussion in 'Fibromyalgia Main Forum' started by mindbender, Mar 18, 2007.

  1. mindbender

    mindbender New Member

    4 those of U who have been to your court for SSD

    I'm getting ready to go to mine and I wanted to ask you what kinds of questions should I expect to get from the judge.

    I've been waiting like allot of you have, for 3 years, and I don't really want to wait anymore. (if I can help it)

    I did go ahead and get a lawyer and he's going with me, but he says no matter what, the Judge is going to want to ask me questions anyway.

    The reason why I'm asking is because of Fibrofog, and I know you know what I mean. My recall memory is shot, and any other memory for that matter.

    First of all I'm not in the mode of having to defend myself. That's where my problem starts. Everyone else in the last 3 years hasn't really believed me, so apparently I'm not doing such a good job explaining it to them.

    When this all started for me, I expected the Dr's to know what was wrong with me, and I know you can relate, but they didn't. I also thought that they would just give me a pill and it would all go away, that didn't happen either.

    Any information would be greatly appreciated. I'm going to be gone for about an hour so if I don't thank you for your replies, I will when I get back.

    Thank you for now,
    Dan

  2. obrnlc

    obrnlc New Member

    hi dan
    first of all, good luck keeping your sanity as the "judgement Day" approaches!
    Don't worry if you are foggy and can't "spit out" answers in a timely fashion--that is all the better, for that is alot of the problem, isn't it? You want the judge to see you as you REALLY ARE.

    secondly--humble yourself--it bites to have to do, but is necessary. if the vocational expert says you can tie ribbons around the old oak tree, LET YOUR ATTORNEY argue why you can't make the knot. I can relate about the frustration with having to explain yourself ALL OF THE TIME, and wanting that one "magic pill" to be normal, but if he (or she) tries to get you to bite--don't take the bait!

    Mine started out by asking my name, age, etc. then if i had done any work since my last date, what work did i do OVER PAST 15 years (important--it pays not to be well rounded!) what my education level is, etc. Also alot about my medication, side effects and cognitive effects.

    Then, why i couldn't work, in my words. I was SOOOOO nervous, i just froze on alot of questions, and still don't know the outcome (MAYBE i'm not the best person for advice, lol!) The things to bring up, and hopefully your att. will ask, is: how many breaks/day do you require (if more than standard 2-3, and any involve needing to lay down, that greatly increases your chances, since these are not conducive to a normal workplace.

    Check out ssaradio.com for some really great advice and info from a ssdi att. who will answer an email question, or you can listen to archived radio broadcasts, you will learn alot.

    basically, speak when spoken to, and offer nothing, since it could come back at you, only answer the questions. Hopefully voc. expert like mine will come up with "no jobs in the national economy", but will come up with some real gems if you can't show that you need the frequent rest periods, etc.

    good luck!!!! post after and tell us all about it--L
  3. mindbender

    mindbender New Member

    No I’ve never worked anywhere that aloud napping.

    To me it feels like studying. I have to return back 3-4 yrs ago, and study my own existence. I tried typing it out for myself and I got really bored.

    Bored is how my life looked, for the last 3-4 yrs.

    Dan
  4. ephemera

    ephemera New Member

  5. mindbender

    mindbender New Member

    I want to bump it also to get as much info as I can get
  6. mindbender

    mindbender New Member

  7. monkeykat

    monkeykat Member

    Hi Dan,
    I was finally able to find a lawyer this year as well so I will be curious as to how others answer this.

    I hope to go to court this summer.

    My severe exertional fatigue keep me from doing anything else anyway even if I did have a good brain but I don't...it's a mess when I speak to others.

    Ugh!

    Good luck!
    Monkeykat
  8. mindbender

    mindbender New Member

    Monkeykat,

    It doesn’t look like there are to many people to share today.

    I figured there would be many more.

    You all have been helpful never the less.

    Perhaps, and I dread this but what if when they received SSD, that they stopped posting?

    Dan
  9. mindbender

    mindbender New Member

    For the late nighters.


    I just realized, some people may feel edgy about answering this thread, say maybe because I'm talking about SSD.

    Well I don't worry in the least asking the question because it is well noted that we almost all share cognitive problems.

    But I have to admit I have been leery of posting on other threads like this.
    You can help yourself to the Posts on my profile.

    Thanks,
    Dan


    [This Message was Edited on 03/18/2007]
  10. mindbender

    mindbender New Member


    I hope mine’s like yours, but I’ve got to be prepared.
    Is it going to require me to get into 3 auto accidents? Just kidding
    I’m sure that’s not funny unless you can laugh about it now.

    Thank you desertsage,
    Dan
  11. mindbender

    mindbender New Member

    I’ve never been sent to any of their Drs, it’s been 3yrs, my Dr also refused to sign the papers.

    Big surprise.

    I hear this is common.

    You sound like you’re still wound tight about it, no?

    Dan
  12. Mikie

    Mikie Moderator

    From the get go and I highly recommend it. He sent me to a pain specialist and psychologist he knew would fill out forms. My own docs also filled them out. They stated that according to SS's own criteria for disability, I qualified.

    The advice was to go to court looking like you do when you are at your worst at home. I was told to wear something simple and dark.

    The judge asked me a few simple questions. Then my atty. asked if he could ask me some. His questions were leading questions such as, "Isn't it true that you sometimes become so exhausted that you are bedridden and you never know when this is going to happen?"

    I had an excellent atty. It took three years because the judge who was to hear my case took early retirement and my case kept going to the bottom of the stack. Finally, my atty. wrote to the judge who oversees this district and a court date was set.

    The hearing lasted only about half an hour. At the end, the judge asked me why I couldn't do some kind of clerical work and I told him that no job would have a place for me to go lie down if I got exhausted.

    Tell the truth, tell the judge if your memory isn't working and you can't remember something, and tell him if you have to stand up or take a break because you are in pain. Have someone else drive you to the hearing too.

    Good luck.

    Love, Mikie
  13. minkanyrose

    minkanyrose New Member

    I had to ask the judge to please repeat the question because I didn' understand what she was asking. I then asked do you want to know .... can't remember what the question was but was so nervious that I had to ask to repeat that worked in my favor though.

    Basically the lawyer did all the talking for me and just had to answer a few personal questions.

    such as:
    Do you do your own house work? who helps you?
    Do you cook?
    Have you worked since you filled?
    How do you get grocerys?
    Do you walk up and down steps? how often?

    Not to bad just remember be you don't worry about them beleiving you or not.

    Hope this helps you .
    Don't worry you will do fine.
    hope you get a favorible letter soon.
  14. mindbender

    mindbender New Member

    Thank you all,
    as you can imagine I have quite allot of reading to do.
    I’m going to have to step out for a while and regroup.
    I just don’t want to blow it.

    I’ve been waiting a long time, as you all did also.
    I’ve already been in front of the Judge once and he aloud me to get an Attorney and he put my case back on his first docket.

    I think he liked me, I was very courteous to them.
    As some of you may remember I went to visit my Family in Kansas City MO.
    While I was there, no one here (my estranged wife), checked the mail.
    I was told by my attorneys office to call when I receive a date.

    Well, by the time I got the letter, it was to late for them to work up a case.
    So I went by myself, but I left early to try and get an Attorney in that town.

    None of them would represent me, even though I carried my records with me.
    I figured that they would jump on the chance to make a few thousand $’s for the whole half hour of work.
    Nope.

    I love you gals also, and thank you in advance
    Dan
  15. monkeykat

    monkeykat Member

    Hi Dan,
    I'm glad that you got some good replies. Maybe you'll get some more.

    Hey, I'm wondering what you are reading to prepare for your court date. I haven't read anything as it all freaks me out. Any suggestions on what to read or how to prepare?

    Take care and good luck,
    Monkeykat
  16. mindbender

    mindbender New Member

    have to find it.

    it was a thread from jlh, that's her user name.

    It's also on the news letter from Immune Support.

    It's kind of like a resident Attorney here.

    I'll find it and be right back.
    Dan

    Here's some things to get you started.
    I got the article off this site the problem is that I took what I neede and deleted the rest.

    I'm not sure that it is legal now for me to post it.
    It's a full 7 pages on my word processor.

    www.fmnetnews.com/pages/disability.htm
    www.disabilityawards.com/faqs.html
    www.disabilitysecrets.com/social_security_disability_fibromyalgia.html
    Dommie Bush at www.fms-help.com
    ( CFS & FM Support )on Immune supports, Home page, on the left hand side it says “Disability”

    Ok monkeykat,

    This is the real deal, this is the main article that I'm using. This article is about all you will need.
    http://www.immunesupport.com/library/showarticle.cfm?ID=7757




    [This Message was Edited on 03/19/2007]
    [This Message was Edited on 03/19/2007]
  17. monkeykat

    monkeykat Member

    Hi Dan,
    I copied the info you sent and I'll going to check out those links.

    thank you so much. I've been bedridden most of the day for the past 10 days and it feels like I'm climbing mt. Everest just to type on the computer.

    My brain isn't able to read all that today but I'm hoping I'll be able to read some by the end of the week.

    If you don't mind, I'll be saying prayers for you today that you are blessed with a good, fair judge who is willing to award you benefits. I will also pray that you find peace today:)

    Keep Hope Alive, Monkeykat

  18. charlenef

    charlenef New Member

    i dont have any great info for you but i will be going soon myself my rhumey filled out my paper work i got a copy today so i am very hopful that ill get it you just never know though i also thought a pill would make this all go away when i realized that wasnt going to happen i closed my business good luck charlene
  19. wildflowers2

    wildflowers2 New Member

    What ever you do..DO not tell them you use a computer!!!

    The witch I had for a judge in 1-5-07 basically told me I made up my symptoms as I was on internet support groups.

    She had made her decision b4 the heaign started....ignored MY top doctors and denied me. She lied on the report and
    used a 15 page dr questioneer to validate that I was not credible as I couldnt have THAT many problesm....
    it was questiosn like...have you ever had high blood pressure, measles ( spelling ) and the normal dr questions.


    I cant appeal as ssdi says the judge has the right to
    correct her mistakes and since she denied me then she woudl deny me a second time after she corrected her mistakes.

    And If I put an appeal in it can take over a yr for her to hear it . ANd to add insult to injury IF I put a new application and appeal SHE gets the new application.

    SO I loose all my back wages and start a new application from 1-26-07.


    One more point......this Witch grilled my long term memory and not my short...

    So my advice to use is DO NOT write a thing down from your past.


    wishing you all the best....

    wildflowers2