Your attorney would be more familiar with your judge and his potential reaction to this evidence. I am sure you are mad as can be but I can't guarantee that the judge will give you the relief you are seeking.
This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid consultation with an attorney with expertise in this area.
As "better" evidence, you may want to contact your attorney about possibly retrieving records from UL for the volunteers or paid employees during those two or three weeks. But I agree with Mr. Conroy, it will definitely be up to your judge.
Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.
I agree with the previous posters. However, the lost of use of an arm from nerve damage is a severe injury. If you strongly believe she is grossly exaggerating her symptoms and disability it would seem that in this day and age where everyone has a camera/video recorder you may be able to build substantial evidence of any exaggeration. Does she grocery shop? Play with the chold/children? Engage in any sports or gym activites? I have had clients that obtained amazing evidence through a little thought and effort. Faking a severe arm injury for a significant period of time would probably take real dedication. You may surprise yourself with the evidence you can obtain these days. Significant evidence may well show 2 things: 1. that she is capable of significant work and 2. that you really believe she is exaggerating by taking the time and effort to show it. Most unbiased physicians will back off disability ratings when shown significant evidence of patient history distortion. Turning her doctor would probably go a long way in convincing the judge to reverse his/her ruling. Consult your attorney.
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