Judge decides to tamper with evidence

Discussion in 'Fibromyalgia Main Forum' started by zerped, Mar 21, 2006.

  1. zerped

    zerped New Member

    First off, if I were reading this kind of post, I'd think, "Oh my god, what a paranoid nut-case" I'm not saying that I'm NOT a nutcase (LOL) but that this is what has happened after my hearing before the judge.

    If you remember my posting of about a month ago, the judge made it clear at the beginning that he doesn't believe there is such a thing as CFIDS, and that all I need is to see a shrink. At the end of the hearing, he called on a witness who is a voc-rehab expert. After establishing her credentials, he asked her about a hypothetical situation. He gave her a profile of someone with some similarity to me and asked if this person could do any kind of work. She mentioned three jobs, and how many openings there were for that kind of work, both in my state and nationwide.

    Next he asked if, in her professional judgement, that I specifically could do any kind of work at all for 8 hours a day, Mon.-Fri., with only two days a month missed due to illness. She replied, "No." He had his jaw hanging for a moment then ended the hearing.

    I received his decision over the weekend, and he denied the claim! That was bad enough, but in his written decision he neglects to mention the testimony of HIS expert, which goes against the outcome HE wanted to see before the hearing began! He then proceeds to FABRICATE TESTIMONY THAT WAS NEVER GIVEN TO SUPPORT HIS VIEW! He claims that the vocational witness said that I could do any of the three jobs she described!

    Pardon me for being long-winded here, but if you or I did this, we would be guilty of several felonies! He omitted the testomony of the expert hired by Soc. Sec., and wrote words that never came out of her mouth! I am, of course, appealing to the Appeals Panel. The proceeding was recorded, and I rewuested a CD of the recording before I got the decision. When the Appeals Panel hears the testimony, they'll see that the judge deliberately falsified evidence, won't they? How many times has this guy committed this particular felony and why is he still able to rule on parking violations, much less the future of people's lives!!!!

    Any and all feedback REALLY appreciated! Thanks!

  2. amymb74

    amymb74 New Member

    It sounds like he twisted things around. I hope your appeal goes in your favor and you get approved soon. (Wish I had some great advice) AMY
  3. JenniferAnn539

    JenniferAnn539 New Member

    Oh My!

    Best of luck with your appeal.
  4. findmind

    findmind New Member

    Did you have a lawyer? If not, plz consider hiring one...Soc.Sec. pays them.

    Sounds to me like you have a very valid case and you will win!!!

    Best of luck..

  5. lois1023

    lois1023 New Member

    I had my hearing in August in Eugene Oregon and the exact same thing happened. The judge asked the voc rehab guy the same thing and got the same reply. When I got his decision nothing was mentioned that the voc rehab guy said a person in my conditiond wouldn't be able to do any type of job.

    Of course, the judge had already made up his mind before the hearing that he was going to turn me down. His reasoning was that I am too young, too fat, and looking for a handout because I have a disabled child on ssi.

    When I got the letter on his decision I was shocked. He made up so many lies. I can't even begin to imagine where he got his info. He even ripped into my doctor and accused him of over reacting and ordering a bunch of "exotic tests" based on symptoms that I "claimed" to have. His idea of exotic tests were a ANA test and a test for lupus. He said my doctor was not qualified to tell me I am not able to work and that only he (the judge) could make that decision.

    My lawyer called me as soon as he got the letter and told me not to worry. He requested all the transcripts and evidence and a copy of the recording. He filed for for it to be reviewed. He only does these social security cases and he said he had never seen anything like this. Where the judge just disregarded the evidence and lied.

    I am wondering if we had the same judge. Was his last name Stewart?
  6. zerped

    zerped New Member

    I appreciate evryone's input and concern. I did not have a lawyer at the hearing because I tried for 3 months and could not find any lawyer with disability experience who would take on an CFIDS case. Even though they get 25%, I gues they think it's too much work for the money.

    The only mistake I made was not having someone there with me who is not a lawyer, for "support" (i.e.--a witness in case some psycho judge flips out and takes the law into his own hands!). Assuming they send me the recording, the expert witness' name will be mentioned. The judge's clerk, named Ardis (never got her last name) was monitoring the recording. I am talking to some social work organizations (i.e.-Legal Aid and Oregon Advocacy Center) and if I need to, I'm hoping I can subpoena witnesses for testimony just as in the third stage. A deposition from the expert and from Ardis would be nice icing on the cake.

    I've written to my congressman (this is an election year!) and am waiting to hear from his staff. I used to write for the weekly, "Village Voice"-ish paper here in town. The owner is also a lawyer and his wife is a judge. The paper just won a Pulitzer for a sex scandal involving a former governor, so I'm offering a good chance to win another! LOL

    The scary part is hearing someone from Eugene say that the same thing happened to them, with a different judge!

    thanks again everyone, and you'll DEFINITELY be the first to know when there's news!

  7. pemaw54

    pemaw54 New Member

    I have an advocate from my old job working on mine and it is going before the judge next. If he doesnt approve it, I have to go before him. Ive dreaded this for mths. IM so afraid this will happen to me too. I have Fibro.

  8. 69mach1

    69mach1 New Member

    did you call scott davis out of arizona or allusip...i think that was the company....

    look up on this message board in the upper right hand under advocates...


    PITATOO Member

    Do you have a lawyer? If you did have one I would fire him/her and get a new one. Your first comment about what the judge said about not "believing" in CFIDS. People don't understand that it is not something you have to "believe in" it is not a higher power or entity; it is a disease. I am not sure how he can deny it when it is clearly a disease according to the CDC and WHO. Don't give up. No only would I appeal the decision but based on the facts I would assume you would have a right for a new trial; with a different judge. I wish you all the luck in the world and please keep us informed - Bobby
  10. sofy

    sofy New Member

    I dont know anything about getting a lawyer etc but I did notice one post that said the same thing happened to them and their lawyer filed for a transcript.

    My brain is way too fuzzy today but I bet their is a way you can file for a copy of the transcript yourself. The transcript will prove that he lied and that his judgement was based on his fabrications.

    What you can do with this info once you have it Im not sure but I do know that having it will be necessary to prove that you did not get a fair and honest hearing.

    Good luck, your going to need it
  11. zerped

    zerped New Member

    I almost missed my deadline for filing the appearance before an ALJ because I spent almost three months trying to find a lawyer to take my case. I even emailed Scott Davis (in AZ, I believe) and no one would get near me. One of the lawyers in Portland I spoke to (his practise is 100% disability claims) said that he'd take fibro clients but not ME/CFIDS).

    If you're lucky enough to get a lawyer to take your case, they work on a contingency basis. When you win your claim, and receive your settlement check, the lawyer gets 25% up to $5300 (or so).

    I am speaking with the Oregon Advocacy Center, Legal Aid and a group whose name I don't remember, where law students help you with your case. Soc. Sec. doesn't care who helps you with your case, as long as they're not getting paid. If you have an actual member of the bar working with you, the pay goes as above.
  12. deb06

    deb06 New Member

    Yea, you need a lawyer. Even with a lawyer a similiar thing happened to me. He changed my mental problems from moderate to mild to use the hypothesis he wanted to use with the vocational expert. the only way he could have denied me. Without a lawyer, it doesn't seem we have much of a chance. Deb