TIPS ON DISABILITY HEARINGS TO WIN?

Discussion in 'Fibromyalgia Main Forum' started by Becci, Jul 25, 2006.

  1. Becci

    Becci New Member

    Hello to all of you wonderful people who always help me with all my questions. I just want you to know how thankful I am for all of you. Tonight I am wondering what my chances are going to be for my third attempt at getting my disability, which will be a hearing before someone. I have been denied twice, and have retained an atty, Binder and Binder, and now am wondering what more I can do to have this thing come out favorably. Any advice any of you have will be much appreciated. I thank you and wish you all a cool, breezy evening (NO MORE HEAT!!!)
  2. mrdad

    mrdad New Member


    Is this hearing pending in front of an Administative Law
    Judge?? About 2/3 of the claimants win there cases at this
    level. I did so without an Attorney but glad you have re-
    presentation.

    Let your Lawyer do the talking unless you are directly
    addressed by the Judge or others on the Panel. Be honest
    and don't make any statements that will appear contradict-
    ary. They have the experience to spot a "snow job" even
    in the Summer months!! Basically, you and your Attorney
    must prove to them that you are too ill to provide a po-
    tential employer with the reasonable expectation of a pro-
    ductive and constructive workday. Would you be able to per-
    form in the workplace based on your past work history,age
    and eduacational considerations??

    They should have a Doctor who has read your med.records
    as well as Labor expert familiar with the physical and
    cognitive demands of the workplace in general.

    Try to relax and be respectful and non defensive in attit-
    ude. I found that in my case the Judge and Panel were
    objective, kind and non-intimidating!! Hope you have a like
    experience and result as I.

    Best Wishes,
    MRDAD



  3. ChristineInPA

    ChristineInPA New Member

    http://immunesupport.com/chat/forums/message.cfm?id=888294&B=FM#888294

    Looks like you need to copy/paste.[This Message was Edited on 07/26/2006]
  4. Marjidoll

    Marjidoll New Member


    Best of luck with your hearing. One thing that really helped to influence the judge in my favor was a personal letter written by my doctor in support of my disability. The judge said he put a lot of weight on that.

    If you have a good attorney, they know the questions to ask. Answer them directly and honestly. I was advised by my attorney to not wear a lot of makeup and jewelry, and to dress modestly. His exact words were "don't go in there looking like a million bucks."

    There will be you, your attorney, the administrative law judge and a vocational specialist whose job it is to determine what jobs you may be able to do. In my case, he could not come up with anything but a person who watches security monitors. The judge asked him if there were any of those jobs that would allow me frequent bathroom breaks and the ability to lie down if I need to. He said no... That was the end of that.

    My attorney told me that the judge that we had could be a real SOB. if he wanted to, but he was very polite and respectful of me. At the end, he asked me if I had anything to add, and I looked him in the eye and told him that I would never chose to be like this, I hate being ill all of the time and would prefer to work, I liked to work.

    The combination of the letter from the doctor, a very good attorney who knew what and how to ask, and my sincerity all worked and I won my case. More and more people are being approved for fibromyalgia. Please let us know how things go!