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Old 10-14-2009, 08:26 PM   #1
hessie28
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Join Date: Oct 2006
Location: dumont, NJ
Posts: 1,270
Getting ready for Court next week

I met with my attorney today to go over what will happen in Court. He said it is basically an informal proceeding. It will just be the Administrative Judge, lawyer, me and the recording secretary. My husband will be there too unless the Judge wants to question him.

An independant Dr. will also be there. The only purpose of him being there is if the judge has a medical question. He does not testify on either side. He gives no opinion etc. I thought he was going to be an expert witness for Social Security.

The lawyer said from just going through my file he would think I would come to his office on a stretcher. He said then I walk in all smiles. I'm big on trying to keep things looking normal. I said it is either smile or cry.

He says I have an excellent chance. He thinks my biggest obstacle will be my age. I'm 44 for another month.

I hope the judge takes into consideration that I worked at the same place for 22 years (my entire adult life basically). I took a big reduction in pay etc.

I never thought my life would turn out this way. I thought I would work until I was 55 or 60 since I started so young. I thought I would grow old with my husband and do alot of things after my son grew up.

As my lawyer was asking me who does this and that at home, I realized I basically can't do anything. It sounded like my life is pretty pathetic. LOL

So, wish me luck.
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Old 10-14-2009, 09:37 PM   #2
panpt
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Re: Getting ready for Court next week

I'm here to wish you luck and lots of it. Smile or cry--know that feeling well. And not looking ill only makes everything that much more difficult.
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Old 10-14-2009, 10:23 PM   #3
Executor
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Re: Getting ready for Court next week

Quote:
Originally Posted by hessie28 View Post
I met with my attorney today to go over what will happen in Court. He said it is basically an informal proceeding. It will just be the Administrative Judge, lawyer, me and the recording secretary. My husband will be there too unless the Judge wants to question him.
That's good...Hopefully, no vocational expert will be there. As I posted earlier to you, the hearing is treated like a regular trial...Only material presented there can be considered by the judge. No VE means no possible conflicting testimony on what jobs you could do & etc.


Quote:
Originally Posted by hessie28 View Post
An independant Dr. will also be there. The only purpose of him being there is if the judge has a medical question. He does not testify on either side. He gives no opinion etc. I thought he was going to be an expert witness for Social Security.
That's good news also. Sounds like he's just there for clarification purposes.


Quote:
Originally Posted by hessie28 View Post
He says I have an excellent chance. He thinks my biggest obstacle will be my age. I'm 44 for another month.
Yes. SS will never admit it publicly, but their data shows that younger people are approved much later in the process. I was in a similar boat as you, but even younger. Younger applicants are potentially much larger payouts (over time), so SS scrutinizes these cases much closer.


Quote:
Originally Posted by hessie28 View Post
I hope the judge takes into consideration that I worked at the same place for 22 years (my entire adult life basically). I took a big reduction in pay etc.
Yes, he will. As we posted in a couple of different threads now, this is a big issue. Potential motivation is a huge factor....Again, something they wouldn't admit. Hopefully, your lawyer will bring this up on his own and make this a positive attribute on your part. The judge actually mentioned this at my hearing. He said that he found it hard to believe that anyone would take a substantial pay cut just to go on disability. This is a big intangible in your favor!


Quote:
Originally Posted by hessie28 View Post
I never thought my life would turn out this way. I thought I would work until I was 55 or 60 since I started so young. I thought I would grow old with my husband and do alot of things after my son grew up.
You and me both! I went into a long period of depression and loneliness. I didn't have anyone to help me and wasn't a member of Healthboards at that time....I had no outlet...Just keep everything bottled up. I finally snapped out of it and realized that I just had to roll with it and put my time to good use. Even though I had lost a lot, I sill had some advantages in my life and realized that I could now put those to good use and change how I looked at things overall. I realized that I had to look at the glass as being half full vs half empty. Even though I'd much rather be healthy and working, I am home all the time for my children (and spouse) and don't have to ever worry about being laid off. I don't miss the politics and etc of the corporate world, that's for sure. But, I do miss all the people and the job itself. I have learned to fill the voids with other things....One of the reasons why I'm on HB so much.


Quote:
Originally Posted by hessie28 View Post
As my lawyer was asking me who does this and that at home, I realized I basically can't do anything. It sounded like my life is pretty pathetic. LOL
Sounds as if your lawyer is going to work these things into the overall presentation. It stands to reason that if you can't do basic tasks at home, there is no way you can work. It appears as if your lawyer is doing all the right things.

Best of luck. I'll be thinking of you. I'd love for you to get a hearing decision that day, but usually, you have to wait....So don't be alarmed if that's the case, ok?

Take care,

Ex
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Old 10-14-2009, 11:09 PM   #4
gayle4102
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Re: Getting ready for Court next week

I wish you much luck!!!

Stay strong, and be sure to let us know how it goes.
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Old 10-15-2009, 04:50 AM   #5
hessie28
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Join Date: Oct 2006
Location: dumont, NJ
Posts: 1,270
Re: Getting ready for Court next week

Thanks everyone for the good wishes. My fingers are crossed.

Ex, I actually remembered what you said about the cut in pay etc. So, I mentioned it to my atty. I said to him that I hope he takes into consideration that I worked there 22 years and took a big pay cut. So, thanks for that advice.

I am starting high blood pressure meds but he said they don't care about that unless it caused a stroke or something. I think it's from the severe pain but I also have the mild retinopathy and the Ventricle thickening. So more meds.

The lawyer said very rarely do you get a decision that day. He said 3-4 weeks.

Can't wait to get this chapter of my life over. So much wasted time.

Thanks again.
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