View Single Post
Old 07-11-2011, 04:42 AM
finz finz is offline
Senior Member
 
Join Date: Feb 2007
Posts: 1,804
15 yr Member
finz finz is offline
Senior Member
 
Join Date: Feb 2007
Posts: 1,804
15 yr Member
Default

I don't know about a whole line up of experts, but I KNOW the vocational expert is normal at an ALJ hearing. I believe it's necessary for a voc specialist to be there, but I am not positive on that.

I had a voc specialist at my ALJ hearing. The judge is supposedly knowledgable about being a judge. The judge is there to oversee that your 'evidence' that you are disabled is consistent with your medical records. Given the medical evidence documenting your limitations, a voc specialist is necessary to determine what work you can do. Obviously, you are hoping that he will conclude that you can do ....nothing.

I know it's easy to say "Try not to be nervous" My hearing is over with And....thankfully, it went well.

My biggest advice is answer the judge honestly and BRIEFLY. I tend to go off on tangents, so my lawyer warned me he would kick me under the table if I was blabbing too much.

For instance.....a common question from the judge is "What is a normal day like for you"

For most of us, 'normal' is hard to define.

I recently had a fun day at a Jimmy Buffett concert. Tailgating all day and then going in to the show. I loooked festive in my parrothead gear and had fun with my friends. I also took 3 times as much medication as normal, supplemented that with copious amounts of alcohol (I'm not advising anyone else do that !), required several ice packs, had to lay down in the car several times and do cervical traction, had to leave the actual concert to go lay down, and missed my husband's famous steak tips because I was laying down then. I also couldn't even consider doing a 'walk about' to check out everyone else's tiki bars and whatnot.

At many points during a good day, someone could look at me and not think I have anything wrong with me.

Bad days are spent mostly in bed downing pills and praying for someone to come and put in a catheter so I wouldn't have to get out of bed to go to the bathroom.

DON"T tell all that to the judge.

I went with.....most days I am unable to shower (as that would require extra meds). I have to stay in my pj's and I go from my room to my chair in the den. It has to be my specific chair with arms and a high back to support my L arm which has issues withpain, numbness, tingling, and swelling. Sometimes I can play on the computer on a small table next to my chair. My husband does the grocery shopping and main food prep. Most of the time, I can fix myself a sandwich or snack. I have to lay down frequently, usually with traction or an ice pack. I nap frequently because I don't get more than 1 hour of sleep at a time. (That has improved for me now, but was the case at the time)I often need one of my kids to get medical supplies, meds, food, and drink for me. I sweat profusely many times per day and am unable to change my bed linens.

At that point, my lawyer kicked me.

Judge turned to the voc expert and asked......"Applicant is a 43 yo woman with a BS in nursing. Is there any job that she can do in a particular chair, with her R arm, that allows her access to a bed where she can lay down when needed and occassionally nap ?

Voc Expert answered, "No, your honor"

Judge called for the next case.

Don't be afraid of the 'experts' They aren't there trying to prove you shouldn't have benefits. They are there to see if the evidence proves total disability.

As others have said.....I strongly recommend having legal representation there will you. The are the ones who are supposed to make sure that your reord/application does prove your disability AND make sure all of the pertinent facts are brought to the attention of the judge.

Good luck
__________________

.


Gee, this looks like a great place to sit and have a picnic with my yummy bone !
finz is offline   Reply With QuoteReply With Quote