Help I'm having a disability hearing and I'm sarced to death - Fibromyalgia Message Board

bonnie1956 · 02-13-2009, 08:48 AM

I have been trying to get SS disability for almost 2 years. I suffer from rheumatoid arthritis, fibromyalgia, back pain & spasms, migraines, plus all the things that go along with the side effects of my medications and diseases. I am finally getting a hearing with a administrative law judge about my case and am scared to death. How can I convince a stranger about my problems when it seems my family, friends and sometimes my doctors can't understand the hell (pardon my language) I am going through? Has anyone gone through this and won? Can anyone help me with getting through this PLEASE!!!!! Is there certain things I should say, do, not do????? I am so afraid of what will happen if I don't get this.

jann71 · 02-13-2009, 05:34 PM

Write down all your conditions and medications, your physical limitations and how your conditions affect your daily life and take that with you. He will ask you things like how long you can stand, how far you can walk, how much you can lift, do you need help caring for your personal needs, how much housework you can do. Answer him as straight and honest as you can. Look the judge in the eye when you are answering him and explain to him how you feel on a daily basis.... how hard it is for you to do the things you used to do... how much your life has been affected by your conditions. Don't get overly emotional but make him "feel" your pain.

I wish you the best. Just take a deep breath before going in and try not to be too nervous. He's just a person like you are. Please let us know how it goes. God bless!

MizSpentyouth2 · 02-13-2009, 07:57 PM

Hello there I wish the best of luck with this. The best advice I can give you is just be honest. He will have your medical records also, also if you are uncomfortable in sitting to long ask him if you can stand . Do not be discouraged if you get denied the first time, they tend do that for some reason. The pain we feel isn't easy for many to see. But it sure is real! If you get denied appeal , if you use an attorney they take their cut from the back money you will get. God Bless

Missie23 · 02-13-2009, 08:48 PM

I was awarded permanet disability in 1984. I was refused SSA 4 times. My lawyer took a deposition of My Dr. and that was all it took, as long as you have a copy of you medical records. You should know that fibromyaliga has been know to be disabling for 20 years. This disease is progressively degenarative, there is no know cure. Medication and some times therapy are the only thing that works. Also you could go into remission and have a flare up the next week. I hope you have done your home work. The judge will look at you, not your disease. If you have swelling, hands, feet and legs. Take pictures. Have a list of medication you take and how long you are down.
Make a list of all the things you can't do any more. Also how it has effected your work.
The Judge will weigh everything and make a dession.

Best of luck, Missie23

DeBeachSiren · 02-13-2009, 10:53 PM

Hi,

Maybe it's easier in other states, but it wasn't easy in DE. It depends on what judge you get also. My advocate was really great but it took 3 years to get there. Also another factor came in to it. I turned 50 during that time, wait for it. The lady that was at the court from the job thing said I was unable to work doing anything. Here it comes.......The judge wouldn't grant payment from the time I was no longer able to work. So what it boiled down to was at 11:59PM the eve of my 50th birthday I could've worked, but 1 minute later at 12:00am I was totally disabled. So they only went back for 1 year, to my 50th birthday. It also happenned to other people in my state. Also if I wanted to dispute it we could start all over again and the next panel of doctors might not see me disabled and grant me nothing. So I had to settle for that. I had a huge pile of doctor notes, from all sorts of doctors, including the quacks that they sent me to that also were on my side, BUT it's up to the judge. I've paid in and it was like the $ was coming from his bank account. So be prepared for that too. All judges aren't nice.

I was also told do not dress all up, to wear everyday clothes. No fancy hairdo's and little to no make-up so the judge could see how I really looked. Also I was told to wear only a watch and wedding ring, no other jewelry.

My husband was there and he was questioned with me out of the room, then I came in and answered question after question.....watch it, they try to trip you up. It's very hard with fibro-fog to remember exactly what you were doing 5 years ago on a tuesday at 3:00PM. The judge will have documents with dates in front of him. Also family members and friends also wrote letters to be added to my file to read before he cast his decision. I was notified by mail about 3 months later that I got it.

Fibro has been around for a long, long time. They just used to call it myalgia or the rhuematiz. Fibro became a disease and not a syndrome less than 5 years ago. My advocate brought that to the judges attention also and I'd have do dig through boxes of stuff to find the date, but believe me it hasn't always been acknowledged. Just as doctors now still don't believe in it, although it is a disease.

Hang tough, you hopefully will get a nice judge. I think you ought to be prepared for if it goes as hard as mine went.

I wish you the best of luck.
DeBeachSiren