Guest guest Posted August 27, 2008 Report Share Posted August 27, 2008 Hello, My hearing is this month and I am so wrecked about it. My anxiety level is through the roof and I am trying to calm myself down but it so hard knowing that this judge hold my future in his hands. Is there any advice someone can give me on what to expect and things I should or should not do at this hearing? Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 28, 2008 Report Share Posted August 28, 2008 Hi Chavonne, First of all, your attorney should go over your case with you and will give you an idea of what to expect. Most likely your attorney knows the ALJ and has your case and argument all wrapped up. I am assuming you have an actual date. You and your attorney should meet about an hour or so before hand. Your hearing will be the ALJ, a court reporter(transcriber), you, your attorney, any witnesses that you want, and possibly a vocational expert depending on your case. That's it. No other people. So it is pretty low key. If you need special accommodation for any reason, ask for it. Your attorney wants YOU to get your benefits (so he gets paid), therefore winning your benefits is in HIS best interest. If the ALJ asks you a question about CMT and your work, etc., answer the best you can and be honest. If you wear AFOs, use a cane, wheelchair, have foot/hand problems don't be afraid to show them to the ALJ. (I have only seen this happen once) So, I'd say, relax, chill, watch some funny movies to take your mind off of things. Practice deep breathing. And keep it up right into the Hearing. If you already take a muscle relaxant, or something for anxiety, you may want to talk to your doc about an added amount that day. No, your future is NOT in the hands of the Judge. Do not give away your power like that. The Judge has read all the information in your file, and provided all work related info and medical info is there, and you and your attorney are there, it will work out. This is why you and your attorney should meet soon to go over everything in your file, and figure out why your benefits haven't been awarded before this. There is still time to submit new evidence for your case. Even if the Judge rules against you, you have the right to file an APPEAl at a higher level, and beyond that, in Federal Court. And those rulings CAN overturn the ALJ decision. Hope this helps some. Gretchen Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 28, 2008 Report Share Posted August 28, 2008 The monkey is almost off my back. I just got back from the hearing it was nerve wrecking. The judge didn't believe that CMT affets your fingers, hands, forearms. He just thought it affected the lower legs on down. It was well documented my neurologist in my record all the issues I was having with this disease all seven medications that I have been taking etc. The ALJ gave four hypotheticals to the VE. What does that mean? My lawyer asked to leave the record open for thrity days but the judge said no and that any other documents should be submitted within two weeks because that is when he will have his decision. I have mixed feelings about this because the person went before me was in there with the ALJ from 9:30 am-11:30am without representation and I was out of there a little after twelve. Then as soon as my lawyer escorted me out, him and the VE were talking about the ALJ and how he operated and they both said that we presented a good case. It's all up to the ALJ this time and I can't do anything more at this point. It feels like this is it. My lawyer says that I did good but I will feel good once I have a favorable decision so that I throw the monkey off my back. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 29, 2008 Report Share Posted August 29, 2008 The 4 hypotheticals were most likely types of jobs that the ALJ thought that the VE should look at in your case - work that you might be able to do. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 29, 2008 Report Share Posted August 29, 2008 In a message dated 8/28/2008 4:24:11 P.M. Pacific Daylight Time, chavonne1602@... writes: <The judge didn't believe that CMT affets your fingers, hands, forearms. > It sounds like the Judge thinks he is a doctor. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.