Very bad experience with SSD Judge yesterday

Discussion in 'Fibromyalgia Main Forum' started by PepperGirl52, Feb 21, 2006.

  1. PepperGirl52

    PepperGirl52 New Member

    Want to share my experience with the SSD judge that I had yesterday. I'm hoping this is a rare experience and no one else here, who has applied for SSD will ever have to go through this!!

    This man was incredibly rude, intimidating and humiliating, to say the least!!

    He had the nerve to insinuate that I have a problem with addiction and that maybe it's time to start going to a doctor who will take me off all my medications! He also said that I just need someone to encourage me to 'walk everday or do some exercise' so I can get rid of this pain!!

    I was SO mad! I looked him right in the eye, and said, "I am NOT a drug addict! I am dependent on my meds because they get me through the day, take the edge off my pains and keep me from committing suicide by helping me to function!" I told him it took 5 years for the doctors to convince me to even try the narcotic pain meds, but I finally got to a point where I didn't have a choice, thanks to this fibromyalgia!

    Anyway, my lawyer was stunned! He had never been in front of this judge and had no idea the man was so obnoxious! Thank God I had a vocational expert there who went over the notes that my rheumatologist sent and agreed that someone in my situation should NOT be working. But you know, it can go either way. Sadly, these ignorant people, who know nothing about living in chronic pain, are the ones whom we have to depend on to make a rational decision about OUR lives!!

    I hope and pray that none of you have to go through this. It sent my pain levels through the roof, to say the least! Take care, all. PG
  2. Kacjac

    Kacjac New Member

    I hope this works out in your favor!
    Good for you too stand up for yourself, any the manner in which you did!
    I hope you realize though, because of what you did, it may help the road, for others claiming disibilities, to be able to go down a smoother road in the future!
    My brother fought 3 years, and my bestfriend fought 4 years, DO NOT give up! Let us know!
  3. lucita2k

    lucita2k New Member

    These are the times I wish I had my magic wand to let people feel the pain and fog we're constantly in. Boy, I've wished that several times when I've met insensitive people (count my mother in law as one!!).
  4. zerped

    zerped New Member

    Same type of judge, same story. So far, the shrink hired by Sc. Sec. and the voc-rhab expert witness for SS have stated simply and unquivocally that I am not in any way able to work 40 hrs. a week at any job. According to the law (my understanding of it, anyway) is that the judge doesn't get to rule on whether or not we are hypochondriacs, drug users, chain-smokers, bed-wetters or anything else. He/she sees to it that the letter of the law is followed, and if expert witnesses testify that you cannot meet the requirements, that SSDI must be granted.

    Where I live, they have told me I can have a recording of my hearing (since they do that now instead of having a court reporter present). I want to be able to demonstrate to people that the judges in these hearings aren't even TRYING to appear to have not made up their minds before any testimony is heard or evidence presented. How would the public react if a judge in a murder case made some racial remark at the beginning about how "you people" always seem to be shooting one another? PR gaff, perhaps? But it goes on ALL the time for us and no one is doing anything.

    May is the time for the Oregon Primary, and members of the House of Rep. are up for re-election. I'm sending a copy of my hearing to my congressman's staff with a letter. I'm not out to get this one judge in trouble, but I want someone to look into the situation with these judges and their total lack of even the appearance of objectivity. Who's with me?! :eek:)

  5. achy

    achy New Member

    I hate you had to go thru that. It's not right, it's prejudice. I went thru a similar experience and I've read many posts here that were the same.

    I wonder if a judge ever told a person in a wheelchair that he/she just needed to get up of their _ss and exercise. I doubt it.

    Until the medical field comes up with a test for a definative diagnosis such as a FMRI or blood tests things will not change much.

    For me all was not lost...I did get my disability after fighting for 2 years. So hang in there...
  6. pemaw54

    pemaw54 New Member

    Im so sorry this happened. We have so much on us just trying to get through a day with the pain when nothing is stressing us out. Someone should make some of the judges come to this message board. Its a real eye opener. This also scares me because Im at the pt where my advocate is writing a brief for the judge and if he doesnt approve it, I will have to go before a judge. We look healthy and being obese is not going to help me when he looks at me. I will pray for you

  7. PepperGirl52

    PepperGirl52 New Member

    It's amazing to me how many others have had to go through this, and I think it's a VERY good idea to write to a power who is higher than an ALJ!! As a matter of fact, if I DO lose this case, I plan to write to John McCain, my senator, and anyone else I can come up with that needs to know how I was treated by this man. You all are so right-this is prejudiced, plain and simple! Why not tell a diabetic that he/she just needs to exercise and/or get off their meds, and they would feel better? Who the HE** does this man think he is to diagnose and even suggest a treatment for me?? I have FOUR documented letters from different doctors stating that I should NOT be working. And I am not overweight-thank God. THAT would have made me furious and I probably would have gone for his throat, if he had implied something like that. They have NO right whatsoever to have pre-conceived ideas about us. OOOH, I'm just getting more and more angry.....I'd better stop writing. Good luck to any of you who are getting ready to go through this. May God give you a wonderful, understanding, and compassionate judge! And may we ALL win our cases!! PG
  8. Jen102

    Jen102 New Member

    The important thing is that the vocational expert's testimony got in the record, and that your lawyer asked all the right questions. Then you will have good grounds for them to overturn a bad decision by a loose cannon.

    Sorry for your trouble and for the humiliating situation. It is hard enough to live with a debilitating illness, be forced to bow out of much of our former lives, and then be blamed on top of it. The judge will never say it, but on his behalf, I will say SORRY! Blessings to you. Jen102

[ advertisement ]