Disability hearing - what is it like

Discussion in 'Fibromyalgia Main Forum' started by carolweedwad, May 16, 2003.

  1. carolweedwad

    carolweedwad New Member

    I have had my initial denial for disability and I have hired an attorney and she said I'll get a chance to tell my side of the story in front of a judge in about 8 months. Can anyone fill me in on what kinds of cross examination type questions he'll ask me and what takes place at that hearing? Anyone been there on a Fibromyalgia claim? How do you prove fatigue?
  2. natrlvr2

    natrlvr2 New Member

    I was in a FM fog through my hearing.My judge basically looked at all his notes on my case/claim and he asked me question pertaining to my specific medical records.Alot has to do with what your med. records say.I did have a chance to tell him what NEEDED to be said if he did not already address it.One thing that really helped was my printout sheet from the drugsotre of all the meds. I got for the whole yr.He also discussed my past attempts at work.I have more ailments than just lil' ole FM though.I showed him why I was motivated to work(divorced single mom with barely an income) but all my attempts failed,that I was not capable of working even a half day,let alone every day.(my work record showed that)I also had records that said people irritate me in a work situation.(I have worked with many backstabbing bitches,LOL)I do still clean a plumbing showroom twice a month(4 hours total for the month),I will be quitting soon,too much for me to recover from.I did tell him I "ALWAYS" overdo stuff and I end up paying for it.But everything I do,I consider an attempt for exercize.I could go on and on.Make sure you have sufficent time to talk with your lawyer and to let him/her know about ALL the things you want to get out to the judge.(took me 6 yrs. to win my claim-I did not have a lawyer for the 1st 3 yrs.
  3. Nothburg

    Nothburg New Member

    Hi there, I usally don't write but I made up my mind to try to help those who are going thru the process of ssd. You asked about the hearing I went through 2 of them. I had the most humilliating and degerating time of it. The judge was a total jerk. That is putting it mild... Your best option is to go to court and be dressed like you normally do everday. Make sure that you have documentation of what you go through everyday. My attorney gave the judge a copy of the listing of cfs and fms what a person suffers with. You should read everything you can from Scott Davis. He is the immune support advisor. He help me and dosent even know it. Be prepared to be watched constantly. Have 2 of the people closet to you write a letter about how much your life has been change and you also. Also your family dr who treat you for your problems. Well, hope this helps you. Hang in there it is a long battle sometimes. Nothburg
  4. carolweedwad

    carolweedwad New Member

    thanks for responding with the good advice.

    Nothburg- how was it humilliating and degrading? I'm trying to prepare myself for what I might face. Also "watched constantly" is that at the hearing?

    thanks for expending the energy that it takes to answer these questions. I have been so down and exhausted that I could not even get on the computer to respond.
  5. carolweedwad

    carolweedwad New Member

    thanks natrlvr2.........you must be some tough FM fighter to go it alone for 3 years before hiring an attorney...and then another 3 years to get disability. What was the hardest part of the hearing? Do doctors attend hearings and explain things to the judge?

    thanks for the info
  6. Nothburg

    Nothburg New Member

    Hi there it is me again. You wanted to know what was so degrating, you wait out in the hallway or outer area which is very unconfortable but this is what happened to me. I had already went to court once with this judge he turned down my case then my attorney appealed it, this is what happened. The judge was mighty mad he had to listen to my case again because the appeals councel told him he did not do a proper job on my case. First off that day when we were in there the judge told me he shouldn't be listening to my case again he went on to say he heard it before and he also went on to say he resented the fact that he was told he didn't do a proper job on my case. This was all before my trial even started. I felt like crawling in a hole. He also said he didn't know what I was doing back in his court room. Needless to say he denied my case again. I had no dought he would. I do have good news though that Judge is no longer a judge. I also, appealed it and the appeals councel sent my judgement and I finally was awarded my ssd. They said several things the judge omitted and things he put in on his own opinion. Several violations. There is a light at the end of a rainbow. I was ready to give up several times but didn't. Hang in there it will happen. As for being watched you might be especially at dr appointments and phys appointment through ss. Just take care Nothburg
  7. carolweedwad

    carolweedwad New Member

    thanks Nothberg...........I see what you mean. I'm glad you won. Sounds like a nightmare to me. If you could hang on through all that maybe there is hope for me. I'll let you know how mine turns out..........thanks....weedwad