Went to My disability lawyer today

Discussion in 'Fibromyalgia Main Forum' started by Crispangel66, Mar 2, 2006.

  1. Crispangel66

    Crispangel66 New Member

    I am so nervous about this hearing, my lawyer said that this judge is different from most of the judges she has dealt with.

    She told me not to tell him I am in bed all day long b/c he doesn't think anyone should have to lie in bed all daylong.

    She also said if I can do any chores to tell him what they are and for how long I can do them, and also how the way I do chores has changed since I have became ill.

    So now I have to keep a log of what I am able to do everyday.

    Also I am supposed to time how long I can sit, stand and how often and how long I do lay down.

    What I am worried about is how I look on the outside, b/c I lay down alot more than he would probally think I would.

    She wrote down all the questions the judge would ask.

    Then I am supposed to come back the day before my hearing with all my witnesses, I only have three .

    I just wish I could calm down about this hole thing.

    I have to go see my regular PCP to help fill out paperwork, he is realy good about putting on quetionaires whatever his patient wants him to, well he won't go to extremes.

    I was hoping my lawyer would have the report from my evaluation and that way she could see how bad I did on it b/c honestly I think in the past six months I have been doing alot worse than usual.

    My lawyer also said that if I come in with a cane but don't need it that he will deny my claim. If I act sicker than your medical record indicates that he will deny me.

    So please keep praying for me and thinking about me.

    I really am thankful for all of ya'll's support.

    Pamela
  2. sues1

    sues1 New Member

    My son thinks I should have the pictures and the clock on the wall......the wall across from where my couch faces that is..........sideways so I could see the clock normally and enjoy the pictures.

    My family has a twisted sense of humor (& I love it).

    After living with this for so long....I do not see where a judge would think it was abnormal to lay down a lot. I hurt sitting....it reliefs pressure points by laying down. My computer desk has those slide out "tables" at the left and right of my key board. I keep them out for support of me. Rest my arm on it as I type.

    I think it sounds abnormal to your attorney.....but if this judge has heard other cases from Fibro and Cfid people, he might think you were healthier than them and deny your case.

    If I am doing dishes for example (by hand), I sometimes take 3 to 5 breaks.....resting, so I can go back and work some more. I have problems scrubbing pots and pans and casseroles, because my hands are weak. I drop things easily. I can fall easily....for no apparent reason.

    I get a fever in the middle of the day and usually have to lie down for a while. My eyes do not always function correctly, they hurt and also things gets out of focus.

    Sometimes I can not leave my home due to irritable bowl syndrome....I awake often during the night and my legs spasm, sometimes other parts of me does.

    Yadda Yadda....Please ask your Dr. how to word things, and no $10.00 words, or it would look as if you copied it from something and not your own words....

    How long it takes you to do something? Some days we can not do at all, we can not pick the days we will be like this so it is hard to plan anything.
    Ringing in ears? Sinus? Migraines? Swollen glands? the list is endless.....make sure you cover them all.....even if it does sound ridiculous!

    This is my opinion, you must do what you think is right.......but we can not keep sweeping this illness under a rug,,,,My opinion again.

    Let's see what others say....GOOD LUCK.....Blessings, Susan
  3. rockgor

    rockgor Well-Known Member

    Instead of just saying, "It's hard to move", examples are better.

    When I get into the car I have to lift my right leg into the car very slowly. I can no longer carry a ten pound bag of potatoes. I buy milk in the quart size because I can't lift a half-galleon anymore.

    I don't make the bed anymore because it hurts to bend over. I have to move very cautiously getting in and out of the tub. (Or maybe you can't do it at all and have take a shower sitting on a chair.) I can no longer wear clothes that have fasteners in the back.

    Good luck.
  4. ckzim

    ckzim New Member

    If the main problem with working was the fatigue? (I was a telephone operator) That I would be ok if my job let me go take naps when needed, or rest when the pain set in? I agreed.
    He looked at the attorneys who where there to say I COULD work, and asked them, what job would let her do that?
    They had no answer.
    The judge said..."thats what I thought"
    He stated that he wouldn't hire me if I had pain all the time and was tired all the time.
    The judge asked what was the hardest part of Fibro?
    I told him, besides the pain and all... it's the "I don't look sick" part. That it is very difficult to explain what you can't see.
    As odd as it sounds, I too had the stress big time that day...but it worked in my favor! I was so stressed I got "brain fogged" I was slow answering, and all my answers didn't make sense to the judge.( its like I could hear myself and tried to be more alert, and it wouldn't come)
    He noticed I was kind of out of it, and asked me if I totally understood what was going on? I said yes, But that I was sorry he had to repeat himself so much...but that's the Fibro. ( I took no meds before hand, I did the normal things expected of one person before one starts their day, that was enough to put me into the pain, the fog and the fatigue)
    Bascically ...Show the judge the Fibro! Don't cover it.
    I won the case...(I had no attorney) It took about 20 min in all.
    So let the stress work FOR you this time.
    Prayers are with you!
    Kathy
  5. deb06

    deb06 New Member

    Hi there. Think FREQUENCY, SEVERITY AND DURATION of your symptoms when you do try to do anything. They don't want to here and that rest all day. They want to know specifics of what happens when you do try to live and how long it takes you to recover.

    Don't add anything extra to the Judges questions. Answer honestly with examples.

    It is important to also dig deep emotionally and tell how this has changed your life and your deep loses and in your relationships. Go afer the psycological aspects.

    I would not have won on my pain alone. I only won my second case due to the depression, anxiety, panic attacks, etc. Good luck, Deb
  6. Crispangel66

    Crispangel66 New Member

    I know I told my husband I don't know what to do b/c I do lay down almost all day long.

    But on the outside I don't look like someone who has to lie down all day.

    I am only 39 almost 40 so he may just think I am lazy.

    I am so worried.

    I think I will listen to some of ya'll advice and some of my lawyers advice too, b/c she has dealt with this judge alot.

    I am hoping what my dr has to say will support what I say, I think it will since he is going to ask me what I want him to say.

    Thanks to all of you.

    Pamela