Anxiety and Handling Legal Situations

From Dr. S. Shipko, California

I find this of great interest. I have seen hundreds of people with lawsuits related to their panic disorder. First of all, as a State Qualified Examiner, Appellate level Social Security Disability evaluator, Disability Evaluator for the LAPD and a few hundred worker's compensation cases, expert testimony for both the insurance and the plaintiff --- I think that people will benefit from your new website.

Synopsis

Due to the nature of Anxiety Disorders, those suffering from them can find themselves in almost impossible situations when called upon to give evidence in courts, insurance appeals, before semi-judicious bodies and hearings of all types. This page gives a number of suggestions which have been found to be of use in helping these people through these stressful situations. Those requiring more background on the nature of the disorders will find links on my title page "Anxiety Disorders - the Caregivers".

Background

Over the six years, I have been maintaining this site, I have received numerous letters from people who were forced into these situations and suffered severely. The plea from them was, "Please publish this so others will not have to go through it." Recently, I have begun to receive information which indicates that at least some of the people in authority are beginning to understand and are taking steps to see that they are not further traumatized during the hearings, giving of evidence, etc.

Many of those with anxiety disorders find it difficult, if not impossible, to do many of the fun things they did prior to the onset of their disability. House parties, small gatherings, walks through malls, etc., can now produce so much anxiety and/or fear that they must be avoided. In extreme cases, their safe zones have become so restricted they cannot leave the house. Their lives are now centred around avoiding stressful situations.

While many are forced to function within these limitations, it does not mean they have given up striving for improvement or complete recovery. They are generally working daily to try to overcome the fear based restrictions which have been placed upon them. Some will heal in a few months, others may take years. Depending upon where they are in the healing process, some will be able to take virtually no stress, others can take a little while still, others, will find it uncomfortable but able to pull through - and all points in between. To push them too much beyond their limits could well set them back. The harm may not show immediately but they and their families could be faced with months or years of hardships from the resulting damage.

As they cannot handle the normal daily stress, a forced adversarial meeting such as in courtrooms, hearings, insurance appeals, etc., is devastating to them. It can be so devastating them that a number cannot even pursue insurance appeals - they just have to give up and walk away. (Unfortunately, it seems that a number of agencies, being aware of this, draw events out as long as possible.)

So what can be done to help these people?

Ideally, what they need is a non-threatening situation in which they feel they are in control - re: location, setting the pace, leaving, selecting seats near doors, etc. Below are a number of things which have been tried with success. Of course, not all suggestions will be possible nor, will everyone require as much support. Who is the best person to ask what type of support they need? The person with the anxiety disorder!

Before the Event

• Allow the person to walk through the empty room, noting the position of doors, etc.
• Explain the nature of the proceedings, who sits where, and estimated time lines.
• Make it clear the person may leave by any door at any time. They probably won't have to leave but knowing the option is there can be beneficial.
• Ask what can be done to make them feel more comfortable.
• Assure them they may bring a support person with them and that they will not be on their own.
• Officers of the court and major players should be made aware of the disorder and any restrictions that must be made for their "mental" protection should be discussed.
• As these people are fear based, it is not unusual to find the person has an unreasonable fear of retaliation from anyone they give evidence against.
• Ask the person what would make her feel more comfortable.
• If one of their requests cannot be met, try to work out a compromise.