[Caladium]

I spoke with my Attorney yesterday about questions for the deposition that's coming up in December. She doesn't have a list for me to use, but of course, wants to look at anything I come up with. The list my p.t. provided was prety vague. How much can you lift, bend, etc. etc.

I've begunwriting down daily activities and will hopefully be able to organize them somehow, some way...

If any one has any other suggestions, please reply!

Thanks,
Cala

[Caladium]

Anyone????

[johannakat]

C- has the other thread answered your questions? I guess I don't quite understand what you are asking here?

[Caladium]

I guess I was asking for a template of sorts, as Fern suggested on my original thread. I am trying to follow each of everyone's suggestions from that thread, and am nervous about leaving something significant out.

I've been to court 5 times now and it seems like the Insurance companies attorney always asks something I didn't anticipate. I'd like to feel like I have all my bases covered in this deposition.

Thanks anyways, I'll work with what you all have given me.

I appreciate your help, tremendously!

Cala

[tshadow]

I am going to be honest here and put out a warning to everyone who is posting on any legal-ish questions.

I don't like how these questions and answers are going frankly. I feel "we" are in jeopardy of looking kind of questionable...and I say "we" because I tried to answer this question honestly and openly myself.

First, the initial question was how to answer a doctor's list of questions.

Then, it turned into a question on how to answer a deposition / questions.

In either case, no one can or should answer these questions for you, or give you a "template" as you describe.

There are occasions when I bet insurance companies / attorneys / gov. agencies look at this website, and I'd hate for it to be a perception that instead of honestly describing one's own personal situation and health, that we as a group are sharing symptoms and how to handle what should be an honest question and answer UNDER OATH I remind you, about YOUR condition.

I don't mean to sound angry - I'm not angry - but many of us here have insurance or work comp cases, and it's just this "kind" of "thing" that makes us look as if we get our symptoms off of a website and are "fakers."

A deposition is the opposing side of a legal dispute chance to hear the TRUTH. It's really that simple. For the complex issues, one is supposed to go to one's attorney, and in fact, if anyone else interferes with that contractual relationship can be sued for negligent or intentional interference with a contractual relationship depending upon the laws and cases in every state, and whether there is a Federal issue for multi-states.

I think we all have done our best to answer how we handle this, and each person I think has emphasized that the answers are going to be individual, honest and up to one's attorney for more than that...

Let's all be careful with these legal-ish answers and how they can get really screwed around. And I really think we've exhausted what a Board can do to answer a question...

God bless you all and know that I want nothing bad to happen to anyone.

[Bi-Coastal]

Cala,

I could not agree more with Tam. This is an improper question in an improper setting.

Although I understand and sympathize with your feeling in need of support, this is just way out of line and endangers your case in every way.

What happened to just answering questions as truthfully as possible. You cannot possibly have any idea of the impact your answers have, especially when they are not sincere and peppered with opinions and experiences of other people.

I have investigated persons who had been coached by personal friends, (police officers, no less). Their answers, based on that advice, resulted in a very negative result and may have (I never knew the results of my cases), cost them them their jobs and any chance of finding another position in their chosen professions.

I felt terrible for them when I had to confront them with the the proof of their deceptions and they had to make an official statement which will remain in their history forever.

These were (usually) good people who were nervous about the interview and ended up making a 'Federal Case' out of something minor.

This sort of request should be strongly discouraged in the future, for our own sakes.

Anne

[tshadow]

That is just what I meant, and why I insisted that I'm not angry, and I am trying to protect us.

See, even though we all mean well, and I am positive that Caladium has no ill intent, that when someone is "coached" it does come out that way - I used to "do" about 5 depositions a week, and you can really tell when someone is frankly just listening to the questions and answering, vs. someone who is "trying to tell a story" or trying to get "their story" out, which just doesn't read well to the applicant on a deposition later when the judges are either reading the transcript or watching a video.

There are general concepts that your attorney will explain to you, but then, you've got to try to answer without prompts. And "lists" may or may not be "ok" with your attorney - for instance, I do keep a list of my meds and doseages. But maybe another attorney (in a certain area of the country) wouldn't find that acceptable.

That is why we must be so careful when sharing our advice, as different areas are definitely different.

So these are just my attempts at helpful thoughts, and absolutely not an attack on any one person or answer, as again, I think I posted three times trying to help...

Thanks everyone and God bless.

[Caladium]

I am here because my attorney suggested I ask you guys, as I asked her what to do when my Dr. asked me for a list.

[Bi-Coastal]

Cala,

I am disappointed that you did not recognize honest and accurate assistance when it was offered. Some of us have real-life experience we are happy to share with you and everyone on this forum when it is applicable.

No one knows everything, but those who can contribute accurately, and with concern for others, ought to. It would be easy to ignore your post and let you inadvertantly harm your own case.

This was not a personal attack. The information applies to all who post on a public forum. It's not all about you. It is unfortuneate that you choose to take this information in that context.

Some people just have to learn the hard way...I guess.

Anne

[fern]

Caladium,

I'm not trying to read your mind but to me you just sound anxious about an upcoming deposition, as anyone of us would. What I don't understand is why your doctor is requesting that you make a list. This is usually something an attorney would ask of you if he/she needed it. So I wonder why your atty isn't driving this process. If you need the list for the atty, try what was suggested, start with the material your PT put together, even if limited, and think through your usual day and unusual days like vacations, etc as well. Again, you aren't perfect and won't come up with everything you need, but please start the process. The more time you have (in my experience) the more you can refine it and think of most every issue that is relative to you and your life. We really all are individual and lead individual lives. Even if several of us have similar symptoms and limitations it will have a different effect on each of our lives. I think this goes for filling out other forms too, like applying for SSDI. What i am simply trying to say is that I wouldn't say I couldn't ride a horse or drive a stick if these are things I don't do with my life. And while one person could handwrite or compute for 10 minutes, another of us could for an hour; our bodies are very different.

I would encourage you to work with someone who is present in your life or even more than one person, someone who knows your work life and a partner or family member who knows your personal life.

Good luck with your list.