I used up all of my spoons before 9:30 a.m. today, and I didn’t even leave the house. Today is a day that will go down in infamy — in my head. I had my disability hearing this morning, and discovered I would crumple like a piece of tissue paper and confess to any crime I never committed if I ever set foot on a witness stand. Nobody would have to say a word to me, just look at me sternly. I would be Law & Order dun-done! It all started smoothly with me raising my left hand before finally switching to my right 🙄. Fortunately, they could not see me since the hearing was over the phone.
The judge asked me questions first, and that was nerve-wracking in itself. If I didn’t answer the question correctly because I didn’t understand what he was asking of me, he just repeated the question verbatim without rephrasing or any kind of explanation. That was very intimidating to me and made me feel stupid. When my lawyer questioned me, it was easier because he would rephrase or elaborate when I didn’t understand what he was asking of me.
Notably, and embarrassingly, my lawyer asked me if I was “bad at falling,” to which I replied that, no, I was good at falling, and he asked if I was saying I fall frequently or do not fall. After thinking on it, I understood what was being asked and felt very autistic in that moment. While Adam would understand my answer and clarify the question for me, I fear the judge thought I was being a smartass or pedantic, which I wasn’t. I simply did not feel I had the time to think on the answers, especially with how quickly the questions were being asked. This happened with several questions.
I got choked up on questions regarding Mom’s death, suicidal ideation, suicide attempts, and self-harm. I know it had to just kill Adam that he couldn’t comfort me since he wasn’t supposed to be in the same room at the time.
The social security people provided an expert to detail which jobs I would be able to do with my level of disabilities, and that was even more nerve-wracking for me because I could not refute any of the listed jobs, which the jobs were so obscure, and none could be done from home (I’m agoraphobic), and I certainly couldn’t do the ones she mentioned due to carpal tunnel and arthritic hands. There were only three available sedentary jobs they felt I could do, which were mail sorter, eyeglass lens polisher, and “electronics checker.” Where do they find these jobs?
She named even more jobs that were “light duty,” not sedentary, but when my lawyer cross-examined her and asked how many of those jobs could be done by someone with a history of falling who needs some assistance walking, she replied, “None.” He thought that was a promising answer.
Regardless, there are zero jobs that were listed that I could do in my home, on my own flexible schedule with as many breaks as I require. I spoke of my job I’ve been doing for 19 years and how difficult it is to do because of ADHD, and how it takes me an entire day to eke out two hours’ worth of work. I also mentioned how I am paid by production, meaning I get paid solely for what I produce even though I have to do research in my work frequently.
As mentioned, my lawyer felt confident about the hearing and told me so after I spoke with him after the hearing concluded. I told him how frustrating it was that I could not refute the jobs listed, and he understood my frustration but was pleased with how few job opportunities they came up with. There is an automatic appeal process that will take place if the verdict is not in my favor, but after that, it would go to a federal appeal court, which I really don’t want to do. Of course, I can file again in the future, but the process takes over two years each time. By that time, however, I would have more medical documentation and evidence to provide to the court. So, now, we wait.
Cari R Esta 