PreHearing meeting with attorney

[Billt]

@Billt

I had a lot of doubt too, before my ALJ hearing. I would suggest practicing a mock hearing with your son. My ALJ tried to trip me up on the first comment/question. But I was honest, consistent, and stood my ground. The ALJ tried to ask the same question in different ways to see if I was telling the truth. ALJ tried everything possibe to find something inconsistent. I felt like I was being grilled on the witness stand by a clever attorney. I found it to be an over the top exhausting experience, and I let the ALJ know that my energy expended during the hearing would make me crash for days. I had to stay "as cool as a cucumber", and recall as many facts as I could to support each answer.

I somehow rose to the occasion to get thru it all.

Best of luck,

You did well, I don't know if son will be able to stand up to the grilling !! He is so easily confused that he could answer the same question different each time, All we can do is to try his best Thanks

 

[Billt]

The information in your son's claim needs to show that he can't sit and work at any job 8 hours a day, 40 days a week. That's the definition of a sedentary job, the lightest form of work.

Hopefully he's done a functional capacity evaluation showing how fatigue and pain inhibit his ability to work on a consistent basis and a neuropsych test showing the concentration issues and any mental health issues. SS should have paid for and sent him to these tests.

The doctor's letter is good too. Plus any abnormal labs mentioned in the ME/CFS letter put out by SS defining how to adjudicate it.

In my case, it was also very helpful to have a record of continuing disability, accomplished by seeing the doctor every 3 months and reporting that I was still disabled. My lawyer had a nifty form for my doc to fill out for this. By the time I got to the ALJ, I had two years of this evidence.

If this kind of medical evidence is not in your file, it might be better to delay the hearing, get a new lawyer, and get this evidence.

Your son having trouble answering questions should actually support a finding of severe concentration issues in his medical evidence. However, if he's like a lot of us, he should be able to rise to occasion for a brief period.

If he would get denied at the ALJ stage, then you do need a lawyer to appeal the case at the Federal level. It takes several more years to get a hearing. I've heard of people waiting as long as 7 years from initial claim to a hearing at the Federal level.

My memory is getting fuzzy here - you can search and look back at my old posts, but I believe at this point you should also file a new claim (in the case that he would get denied).

Thank you so much for the info.
They didn't send us to do any additional testing at all. I hope the judge sees his confusion as just that and not something else.
He is ok for about 10 minutes then starts a rapid decline. I am going to call on Monday and see if this can be delayed since it is so close. . Thank you all for your help ... Billt

 

[Groggy Doggy]

You did well, I don't know if son will be able to stand up to the grilling !! He is so easily confused that he could answer the same question different each time, All we can do is to try his best Thanks

Okay, can your son honestly state that he is feeling confused by the questions? That simply him sitting there today in front of the judge is causing him to feel (name the symptoms); that he doesn't know how much longer he can do a decent job with answering questions because (state reasons).

Because if your Son can not answer a series of questions, then holding down a 40 hour a week job should be obviously an impossible task.

I am not an attorney, but am trying to think of ways you could highlight your sons disability.

 

[Groggy Doggy]

Thank you so much for the info.
They didn't send us to do any additional testing at all. I hope the judge sees his confusion as just that and not something else.
He is ok for about 10 minutes then starts a rapid decline. I am going to call on Monday and see if this can be delayed since it is so close. . Thank you all for your help ... Billt

@Billt

I am exactly the same way. I can hold it together for about 60 minutes, then I usually go into a confused slow state for a few minutes, followed by a quick rapid decline. The judge witnessed this and that's what help me to win my case.

I chose not to delay the hearing, even though I had many doubts. I didn't want to wait any longer. I knew the policies of the new president meant that I'd better get on MediCare ASAP (since I am one big pre-existing condition and would be unable to get health insurance).

If your son hits his peak at 10 minutes, then that's actually good for the hearing.

I don't really know if getting another attorney or delaying the court date would have changed my outcome. As others have stated, the outcome is more related to the judge that you are assigned.

 

[geraldt52]

If you are going to go for a delay on the hearing anyway, and reading of your son's inability to concentrate after a short period of time talking, it may be beneficial for him to get a psychological/psychiatric evaluation for his file to document this...his regular doctor should be able to refer him. DO NOT allow Social Security to send him for an evaluation at one of their quack psychiatrists, or you can be sure they'll manage to put something unhelpful in his file. The ALJ has wide latitude within Social Security to "believe" or "disbelieve" anything he wants based on anything he wants, including anything that your doctor has provided.

If the ALJ issues a denial, you can appeal that. There are also two or three levels of appeal, within Social Security, above the ALJ. Each time you appeal, expect it to take another year or two. Once an ALJ issues a denial there is a strong tendency within Soc Sec to stick with that decision no matter what...government employees don't like to admit mistakes. When you've exhausted appeals within Social Security you then must take your case to Federal District Court. You can also appeal a District Court decision. Under such a situation 10 years to get benefits wouldn't be out of the question. Soc Sec also limits lawyers' fees to something like $5-6K, but once you get to Federal Court the court will decide what is a reasonable legal fee, and it will be much higher. Most lawyers work on the basis of no-win, no-fee, with the fee being taken out of past due benefits.

 

[Billt]

Okay, can your son honestly state that he is feeling confused by the questions? That simply him sitting there today in front of the judge is causing him to feel (name the symptoms); that he doesn't know how much longer he can do a decent job with answering questions because (state reasons).

Because if your Son can not answer a series of questions, then holding down a 40 hour a week job should be obviously an impossible task.

I am not an attorney, but am trying to think of ways you could highlight your sons disability.

Yes, I am sure he could that he is confused by the question. That is what I thought as well. But lawyer says that is not an answer and he needs to be able to explain. And that is the catch 22. He can't explain it. He just doesn't process questions well. I am going to try to practice this with him. Thank you so much !

 

[Billt]

If you are going to go for a delay on the hearing anyway, and reading of your son's inability to concentrate after a short period of time talking, it may be beneficial for him to get a psychological/psychiatric evaluation for his file to document this...his regular doctor should be able to refer him. DO NOT allow Social Security to send him for an evaluation at one of their quack psychiatrists, or you can be sure they'll manage to put something unhelpful in his file. The ALJ has wide latitude within Social Security to "believe" or "disbelieve" anything he wants based on anything he wants, including anything that your doctor has provided.

If the ALJ issues a denial, you can appeal that. There are also two or three levels of appeal, within Social Security, above the ALJ. Each time you appeal, expect it to take another year or two. Once an ALJ issues a denial there is a strong tendency within Soc Sec to stick with that decision no matter what...government employees don't like to admit mistakes. When you've exhausted appeals within Social Security you then must take your case to Federal District Court. You can also appeal a District Court decision. Under such a situation 10 years to get benefits wouldn't be out of the question. Soc Sec also limits lawyers' fees to something like $5-6K, but once you get to Federal Court the court will decide what is a reasonable legal fee, and it will be much higher. Most lawyers work on the basis of no-win, no-fee, with the fee being taken out of past due benefits.

I can't think he could handle anything much further unless he would be better. Maybe one more appeal but nothing more. I don't have the funds for that. We have been trying to get his ins to caver an exam but no luck so far. I do believe this would show alot .. I have learned so much here ... Thank you again

 

[Groggy Doggy]

Yes, I am sure he could that he is confused by the question. That is what I thought as well. But lawyer says that is not an answer and he needs to be able to explain. And that is the catch 22. He can't explain it. He just doesn't process questions well. I am going to try to practice this with him. Thank you so much !

My attorney gave me conflicting advice, which added to my anxiety. I don't think most attorneys really understand the what it is like to live with ME.

I had reports from 2 psychologists (one was mine and one was SSDI paid for). They both had enough common ground to show about my inability to handle stress and trouble with concentration.

 

[Billt]

My attorney gave me conflicting advice, which added to my anxiety. I don't think most attorneys really understand the what it is like to live with ME.

I had reports from 2 psychologists (one was mine and one was SSDI paid for). They both had enough common ground to show about my inability to handle stress and trouble with concentration.

I agree, they just don't understand what it's like.

 

[geraldt52]

I can't think he could handle anything much further unless he would be better. Maybe one more appeal but nothing more. I don't have the funds for that. We have been trying to get his ins to caver an exam but no luck so far. I do believe this would show alot ...

Once your son is done with the ALJ hearing, win or lose, there won't be a lot for him to do in the "appeals"...at that point the lawyer will be doing the "arguing". I assume that your lawyer is doing this "no-win, no-fee", in which case any fee will come out of past due Soc Sec benefits, after the case is settled. I can't imagine that most insurance policies wouldn't cover one visit to a psychiatrist, but I'm sure you can figure that out.

It is an inhumane system.

 

[Groggy Doggy]

Once your son is done with the ALJ hearing, win or lose, there won't be a lot for him to do in the "appeals"...at that point the lawyer will be doing the "arguing". I assume that your lawyer is doing this "no-win, no-fee", in which case any fee will come out of past due Soc Sec benefits, after the case is settled. I can't imagine that most insurance policies wouldn't cover one visit to a psychiatrist, but I'm sure you can figure that out.

It is an inhumane system.

It's both insane and inhumane! If only we could look as sick on the outside as we feel on the inside.

 

[caledonia]

If your doctor's letter is good, that, along with a record of continuing disability might be enough. The letter has to say how your son's impairments affect his ability to work at any sedentary job on a consistent basis. Since the cognitive impairment is so pronounced it ought to be mentioned in the letter.

Just saying what the diagnosis is, isn't enough. There are only a few diseases where they give you disability just based on what the diagnosis is - CFS isn't one of them.

Here is some info from disabilitysecrets.com that might be helpful.

http://www.disabilitysecrets.com/disability-reflection-10.html

http://www.disabilitysecrets.com/resources/can-i-fire-my-disability-lawyer.htm

 

[CFS_for_19_years]

When I had my hearing in front of an ALJ my mother was my "lay witness." She was questioned first while I was out of the room and then we switched places. If you are listed as a witness for your son you should have an opportunity to testify on his behalf. You will respond to questions from the judge. You won't have the opportunity to "make a speech" on his behalf, but you could try to expand on your answers as much as possible.

Although, you never know.....at the end of my mother's interrogation, my mother tearfully said, "May I say something? If she (referring to me) was able to work, she would be working." That it what my mother told me, and she was in tears when we switched places.

A lot really does depend on how the ALJ views things.

 

[Billt]

Once your son is done with the ALJ hearing, win or lose, there won't be a lot for him to do in the "appeals"...at that point the lawyer will be doing the "arguing". I assume that your lawyer is doing this "no-win, no-fee", in which case any fee will come out of past due Soc Sec benefits, after the case is settled. I can't imagine that most insurance policies wouldn't cover one visit to a psychiatrist, but I'm sure you can figure that out.

It is an inhumane system.

It is inhumane ! He has said that this is it and doesn't want to go any further. It's just to hard on him.

 

[Billt]

If your doctor's letter is good, that, along with a record of continuing disability might be enough. The letter has to say how your son's impairments affect his ability to work at any sedentary job on a consistent basis. Since the cognitive impairment is so pronounced it ought to be mentioned in the letter.

When I had my hearing in front of an ALJ my mother was my "lay witness." She was questioned first while I was out of the room and then we switched places. If you are listed as a witness for your son you should have an opportunity to testify on his behalf. You will respond to questions from the judge. You won't have the opportunity to "make a speech" on his behalf, but you could try to expand on your answers as much as possible.

The letter is very well stated by the doctor, so I really think this will help. It's just the questions that is so hard for him.

I was not even asked about being A witness !! Didn't know I could do that. The lawyer just told me that I am not allowed in the room !! Would have been nice to at least been told that was a possibility.

After much rest this weekend, he wants to go ahead with the hearing. I will let everyone know how it goes
Can't thank you enough for the support...

Billt

 

[Gingergrrl]

Bill, please let us know how the hearing goes and said another prayer for your son. Am hoping for the best possible outcome, don't lose hope.

 

[caledonia]

The letter is very well stated by the doctor, so I really think this will help. It's just the questions that is so hard for him.

I was not even asked about being A witness !! Didn't know I could do that. The lawyer just told me that I am not allowed in the room !! Would have been nice to at least been told that was a possibility.

After much rest this weekend, he wants to go ahead with the hearing. I will let everyone know how it goes
Can't thank you enough for the support...

Billt

I'm glad the doctor's letter is well written. If your son does have trouble answering questions, that would just corroborate the medical evidence of cognitive impairment, so I'm not really seeing that as a bad thing.

At any rate, these sorts of stressful situations always seem very daunting, but I've seen many people on here (including myself) be able to rise to the occasion. I'm sure you'll all feel very relieved when it's over.

Good luck and let us know how it goes!

 

[Billt]

Wanted to thank everyone for all your thoughts and advice. It really helped out a lot. We had the hearing this morning for my son. He was fatigued just getting through security before he went in ! .
Thankfully they took him right in and it only took a total of about 30 mins. Lawyer said he did real well and she had a very good feeling for the outcome. Humm wonder if they everybody that ?? But we shall see. They said at least 30 to 60 days before we would get a letter with decision.
Apparently the lawyer figured it out that the less questions the better so she keep it very short. Sounds like the judge only asked a few questions to son and more questions to the vocation expert. Everything the judge asked if my son could do, the vocation expert said NO he could not do that.

I would think the doctors letter was a BIG plus for us and thankfully it was quick and he got through it before getting to overwhelmed.
Also from the sound of it we got a very easy going judge and expert.
Glad we went ahead and got this done so it's not weighing on him. Now maybe he can relax a bit and try to recover.

It all almost didn't happen today and I can't believe they didn't cancel it. We are in New Orleans in the middle of this tropical storm right now. They usually close up all government at the drop of a hat. But they went through with it !!

Billt

 

[Groggy Doggy]

Wanted to thank everyone for all your thoughts and advice. It really helped out a lot. We had the hearing this morning for my son. He was fatigued just getting through security before he went in ! .
Thankfully they took him right in and it only took a total of about 30 mins. Lawyer said he did real well and she had a very good feeling for the outcome. ....

Everything the judge asked if my son could do, the vocation expert said NO he could not do that.

I would think the doctors letter was a BIG plus for us and thankfully it was quick and he got through it before getting to overwhelmed.
Also from the sound of it we got a very easy going judge and expert.
Glad we went ahead and got this done so it's not weighing on him. Now maybe he can relax a bit and try to recover.

Billt

That is such great news to hear things went much better than you expected!!!

Glad you went ahead and got it done today!!

Now it's a waiting game; I hope you remain positive!!!

 

[Billt]

That is such great news to hear things went much better than you expected!!!

Glad you went ahead and got it done today!!

Now it's a waiting game; I hope you remain positive!!!

The 2 pre trial meeting with the lawyer was much more stressful for him. And the lawyers attitude and lack of knowledge we just didn't know where would would be