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TipBill

Senior member
Joined
Sep 8, 2014
Messages
224
Reason
DX FIBRO
Diagnosis
03/2014
Country
US
State
None
Really, I just can't take anymore. I am 10 days from my hearing with the judge and I am falling apart. The closer it gets, the further I fall. I can't eat or sleep. I can't concentrate on anything. On top of everything else that is going on my sister in law had a massive heart attack on Friday (she is okay) and my son in law had a seizure on Saturday night. I was up until 5:30 Sunday morning with my 7 year old granddaughter while we waited to hear any news from my daughter. She was asking me "Grandma, what will mommy and I do if daddy dies". She didn't want to leave the hospital for fear he would die and she would not be there with him. It just broke my heart. He is also okay. They don't know what caused the seizure but this is the second one he has had since I've known him. The first was in 2010. They recommended that he see an neurologist.

On top of the weekend I have had I was rereading my material from the judge and discovered that there would also be a vocational expert at my hearing. This is a person that I have never met and knows nothing about me. I guess it is his job to recommend to the judge that if I can't do the job I was doing when I quit working that there might be other jobs I could do. First of all, I have gone downhill rapidly in the two and a half years since I quit working so what I could do then is not a good indication of what I can do now. Does that mean because I am capable of blinking my eyes that I could find a job as an eye blinker? I seriously doubt it. Only I know what I am capable of doing, not the judge, not my doctors, not my attorney and certainly not a person I have never even met.

Rant over!
 

rtphotos

Active member
Joined
Dec 17, 2014
Messages
43
Reason
DX FIBRO
Diagnosis
00/2010
Country
US
State
Hawaii
Hi Krista,

My heart goes out to you, sister-in-law, and son-in-law. You certainly have a full plate and more than a fair share of challenges.

Let me just say that you do have the strength to take on these challenges. Just look at how much you've endured these past 2-3 years waiting for the disability application process to unfold! Yes, dig deep, take a few deep breaths, and do your meditation.

Have faith that you and your lawyer have built the strongest case possible. Do remember that he told you that you had a very good chance of winning.

As for the vocational expert, yes it is normal to have one present at ALJ hearings. The judge will ask him/her questions about hypothetical jobs. Again, if your lawyer has done his job, he will have presented strong evidence that you are incapable of working or doing any significant gainful activites (SGA). In my case the V.E. didn't say a single word as the judge had no questions for her.

Just gotta have a little bit of FAITH that everything is happening as it will, and you DO have the strength to go for the ride. YOU CAN DO IT! :) Seek help from your support crew, when needed (PDocs, husband other family members).

Take care, be good to yourself, and try your best to KEEP POSITIVE! We'll be rooting for you! :)
 

TipBill

Senior member
Joined
Sep 8, 2014
Messages
224
Reason
DX FIBRO
Diagnosis
03/2014
Country
US
State
None
Thank you for your kind words and caring. I guess I am just baffled by the notion of a "hypothetical job". Hypothetically I could lift a brick wall and walk underneath it but in reality I know I can't. Anyway I will try to take your words under advisement and try not to let so much of this bother me. Am I the only person like this? My sister in law is about 8 months younger than me and in far worse shape then I am in (she is on disability) but she seems to take it all in stride. Her attitude is "what happens is what happens, nothing you can do about it so why worry about it". God I wish I could have that attitude. I don't like worrying like this all the time. I am crying at the drop of a hat, yelling at my husband (he usually deserves it, ha! ha!) yelling at my animals, shutting myself off from all my friends and family. I am starving all the time but to sick to eat which isn't really a problem since I could stand to lose 100 pounds but this wasn't how I planned on doing it. I am planning to go out to lunch tomorrow with my witness so we can plan our strategy.
 

diamond

Legendary member
Joined
Sep 18, 2015
Messages
1,548
Reason
DX FIBRO
Diagnosis
01/2008
Country
UK
State
anywhere
Sorry you have so much on your plate Krista..i do understand how impossible it is to switch off the worry.

As far as the court appearance goes you can only do your best....It might help with your concern about being able to do other work if you remember that to do ANY job you have to be able to do it Repeatedly and Reliably...our condition means these two elements are impossible because hour by hour our pain and fatigue are unpredictable and even if we could manage a short time at ANY task we will both pay later and not know when or if we can do it again once let alone regularly.

Employment wise you have hours you must be present and even if the job is simple you cant just go lay down and rest when it gets too much...so i really think your lawyer is right you have a good case. Pain and fatigue and medication all influence concentration and safety performing ANY job.

Maybe it would help if you keep these two words (Repeatedly and Reliably) at the forefront of your mind to help you explain...or write them down on a tiny piece of paper and keep in your hand.

And if it helps write down poor concentration too...they cant really argue if you have a peice of paper to help you remember as memory is also one of our issues so it would simply prove the point.

I will be thinking of you on the day..x
 
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TwoDimes

New member
Joined
Sep 21, 2013
Messages
6
Reason
DX FIBRO
Diagnosis
08/2004
Country
US
State
KS
The vocational expert is your friend. They listen very carefully and review your records. Your attorney, if necessary, will speak on your behalf. I, too, was very frightened when I knew that a vocational expert would be listening in. The vocational expert was not present but listened via a teleconference. I was asked many questions. I freaked out, (literally), when the vocational expert started suggesting possible jobs that I could hold. I yelled to my attorney, "No, no! I cannot do that kind of work". My attorney told me to relax and told me that it was the job of the vocational expert to make suggestions. I sat there, numb, not knowing what to think. Guess what? I was granted my disability. I had been denied two times. Hiring an attorney was the best thing that I did. He took care of everything. Think how grateful you will be when your back pay is given to you. They gave me something around $12,000. They give you back pay from the day that you applied until your disability is granted. You also get back pay from SSI. Have faith in your attorney and your medical records. They speak for you and your condition. It is my hope that you can relax a bit and just trust.
 
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