Question Re Disability and Divorce

Discussion in 'Fibromyalgia Main Forum' started by Hippo, Jul 7, 2003.

  1. Hippo

    Hippo New Member

    Hi, I have posted about this before, and I apologize if I am becoming annoying. I asked a question recently regarding proving disability in divorce court. My husband left me in 2002 and I have been a stay-at-home mom for 20 years. I still have young children at home. Someone, sorry I can't remember who, suggested that I call attorney Scott Davis's office. I thought this was a great suggestion, and did so. I explained to them that I am NOT filing for SSDI, but that my husband is divorcing me and claiming that I can work. I asked them how exactly do you prove you can't work? They told me that my doctor's records should be enough. Unfortunately, I have been told by a Legal Psychiatrist that doctor's records are worthless. I am now scrambling to get neuro-psychological testing and a functional assessment test, which is where they make you do repetitive motions until you collapse. Has anyone had one of these tests done, and why is it you can use doctor's records with SSDI but a divorce judge won't look at them?

    Hippo
  2. teach6

    teach6 New Member

    Before you rush to get a functional capacity test done you should be aware that they can backfire for us. They are usually done over a brief time and do not show the effects that our syndromes can have for the next few days, or even longer, depending upon what you have done. I would be very wary of this one. There are some tests that can be done, but not this one.

    Barbara
  3. Hippo

    Hippo New Member

    Monicacat: Were you getting spousal support from your Ex, or was this just for child support? I have one of my doctors actually willing to testify for me. I cannot believe that this is not enough.

    Teach6: I know we talked before about the neuro-psychological testing. Do you feel that your test results accurately indicated your degree of disability? I also have Post-Traumatic Stress Disorder from being terrorized by my husband for 20 years; does this show up on the test results?

    Also to Teach6: If you don't recommend the functional capacity test, is there a test that would be better?


    Thank you both, any clarification would be appreciated.

    Hippo
    [This Message was Edited on 07/07/2003]
  4. Hippo

    Hippo New Member

    Looking for Teach6 or Monicacat.
  5. Hippo

    Hippo New Member

    Doesn't make sense, then. I haven't worked in 20 years, been married 20 years, and Ex makes a ton. I am totally disabled, can barely drag myself to the supermarket. Thanks for the info; we will have to see how this works out.

    Hippo
  6. teach6

    teach6 New Member

    I was not dx'd with CFS and FMS when I was divorced, although I do believe I had been struggling with it for many years and that it contributed to my divorce. So it didn't play into my spousal support.

    I opted for a little higher support for only 7 years rather than the lifetime spousal support I could have received. This was in part becaue my ex was being so nasty about having to pay me anything. I should have just dug in my heels and said too bad, but I felt it was a way to get our agreement settled without going to court, so I accepted that option. Now I have only five more months of support left, so I am finding ways to cut my expenses so I can live on my LTD, SSDI, (if and when it is approved) and disability retirement (also pending approval).

    My neuro psych testing couldn't have been more accurate. The psychologist who did it also wrote a response to a misguided psychiatrist hired by the state for my retirement and I could have sworn he must have been in my home watching me he was so on the mark about how difficult filling out the take home test the shrink gave me.

    As for other testing, all my attorney mentioned in a letter to me was that he would refer me to a vocational expert. To date he has not done so and I can't tell you more than that.

    Barbara


  7. Hippo

    Hippo New Member

    To Teach6: I remember your story about the 7 years of spousal support. I can't afford to give up, because I have no pension of my own. If I lose spousal support, I get ZIP. And I KNOW what's wrong with me, and I KNOW I can't work. Hoping the neuro-psychologist will be as good as yours.

    Also to Teach6: My Ex paid for and sent me to a vocational evaluator, I flunked his tests already. The problem I am having is that Ex sent me to a rheumatologist who said that there is nothing organically wrong with me. That one statement has caused me a world of trouble.

    To Monicacat: I already have an attorney, I have enough to pay her. She was the one who sent me to the Legal Psychiatrist, and I had to pay HIM, too. He evaluated my case and says I don't have enough to be considered disabled. It sounds like it was relatively easy for you.

    Thanks again to both of you kind ladies for your responses.

    Hippo


    [This Message was Edited on 07/07/2003]
    [This Message was Edited on 07/07/2003]