Tuesday, April 13, 2010

The Hearing

I don't know how coherent this post will be. I'm wiped out. The judge did not make a ruling today but I'm hoping that he will rule in my favor. If not, as my attorney said, we will win on appeal.

When the judge started questioning me about "chronic fatigue" I could sense that he was not a believer in this diagnosis and got nervous thinking he would rule against me. His disbelief was communicated in his voice. My cognitive difficulties were very apparent and several times found myself forgetting what his question was so I asked him to repeat it and commented that I had forgotten what the question was.

He brought up the neuropsych testing done by one of their SSDI psychologists and stated "you seemed fine during that session" even though the testing showed a 30 point drop in IQ scores.

He asked the vocational expert what sort of job I could do and she came up with "plastics inspector." Then he said "if someone needed to lay down at will would they be eligible for any work" to which she replied "no." Then "if someone can only leave the house once every 3 weeks is there any full-time work they would be eligible for" and she said "no."

The judge stated he believed my testimony and that it was consistent with written testimony provided by my family as well as my doctor's testimony so I took that as a good sign but one never knows. He is a new judge and goes by the book so my lawyer couldn't get a read on a certain win but he said it went about as well as expected.

It was emotional. I'm glad it's over. I feel exhausted and numb. Now I have to get through the 2 hour HIDA scan test this Thursday and then the 2 hour brain Spect Scan a week from Friday.

I wanted to say how much I appreciate everyone's support and prayers. I could feel them....

More later on in the week...

14 comments:

Cusp said...

You must be exhausted. Try to rest as much as possible and we're all still here thinking of you for the next appointments.

Toni said...

Yes, you must be completely exhausted, Terri. It sounds to me like it went well though. Rest up for your next appointments. We're all with you in cyberspace!

Renee said...

So glad the lawyer felt it went well for you and so glad it is over for today. Rest and recoup....you remain in my thoughts and prayers...

At Home on the Rock... said...

Thanks for updating, Terri as I know you must be exhausted. I've been thinking all day about you, wondering how things were going. Keeping my fingers crossed for you...it sounds like it went well. Keep us posted as you are able. Good luck with the other tests happening this week.

Lee Lee said...

That just sounds like a terrible experience! It does however sound positive though. I will be keeping my fingerss and everything else (maybe not quite everything) crossed too!! Rest up as soooon as you can :)

Sue Jackson said...

Hi, Terri -

I'm just trying to get caught up after 10 days away...I'm up to the M's!

It sounds like the hearing went well. I can't even imagine the stress involved with having your illness "on trial" and having to prove you're too sick to work. I'm so sorry you have to go through this and that it's so onerous.

Try to rest and take care of yourself. I'm thinking of you and wishing for the best outcome!

Sue

Jo said...

Yay, you're through it. Let's hope he rules in your favour so you don't have to go through an appeal. That would be very unfair.

Anonymous said...

plastics inspector....omg these ppl really are crazy!!!!!!! i couldn't help but laugh aloud when i read that. i'm sure someone with cfid's who is extremely sensitive to smells and chemicals would do great at a plastics factory or warehouse.

wow, i really hope you win this so you don't have to go thru an appeal.

i'm waiting for my court hearing after the govt dr. wrote i could lift 80lbs (which i couldn't even do when well) and stand for 8 hours/day...i can't stand or sit upright for more than 5 mins...and they try to tell us we are crazy. they are the crazy ones.

my doctor became quite PO'd when he read what the govt dr. wrote abt me. My doc said basically he just called me (and you) a LIAR.

I have all my fingers and toes crossed for you. Good Luck!!!!!

Lisa in Berkeley

Janis said...

Will keep you in my prayers. Hoping for a favorable outcome.

Pris said...

I'm hoping you get that ruling without the appeal, too. I feel so incredibly lucky that I got it first time out with no appeal. I know it wouldn't happen today. It was hard then...I was the first in the state to not have to appeal...but it's even harder now.

Sending hugs!

Dominique said...

That had to be so exhausting! I am so sorry you had to go through it but I am so hoping for a favorable outcome. It was a judge who turned things around for me. He felt my evidence (family, friend, professors) validated everything I had told him.

I hope you are getting plenty of rest now that it is over.

Anonymous said...

Hey Terri.....love, hugs and prayers.....I did not recall the hearing date so have missed it but was there in spirit in some small way. Hopsing so much this will be at at least an answer to this.....we cill constantly pray to influence a better outcome....let's not give up and then we will rejoyce and also need to pace the next 3 days so we don't crash.......ewwwwwwwwwwwwwwww....but worth it!!!!!!!! love ya honey, j

Jeanne said...

Terri,

I'm sure you are anxious for the results of your hearing but probably relieved that it's over too. You must be totally exhausted!

I can't think of a more unhealthy place for someone who is chronically ill to work than a plastics factory! That part was absolutely incredible.

I am sending positive energy your way!!

Jeanne

Judy said...

Wow, what a story. I will have to dig in your previous blogs to find out what the hearing was about. But I sure hope the worst is behind you now. I'm new to finding followers and becoming a followee. It's really good to make your acquaintance. If you want, you can let me know what part of CA you reside in!

Judy