Author Topic: My Appeal  (Read 9912 times)

ATurtle

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Re: My Appeal
« Reply #15 on: 29 Mar 2013 05:14PM »
Just wondering, these tribunals, what's the process?

Is it the board sitting in front of me, with a DWP person who has read up on my case and will argue against me getting my benefits.

Do I get to put my case first, or do they?
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

Fiz

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Re: My Appeal
« Reply #16 on: 29 Mar 2013 06:54PM »
There is a Judge who chairs the process, they know the legal ins and outs. There is a Doctor and there is a person with experience of disability they are the 3 on the panel. Someone is in the room typing up what is said. The DWP are sometimes represented but usually not. The one time the DWP were there, they put their case to the Judge and only asked me one question. The 3 people on the panel were the ones to ask me questions really. The Judge wasn't soft on the DWP bloke! I've been to several Tribunals now and I have always found the Judge and Doctor to be gentle, fair and smpathetic. The person with the experience of disability, less so. But my take is they have less say in the result.

Fiz

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Re: My Appeal
« Reply #17 on: 29 Mar 2013 06:57PM »
Adding, the panel sit on one side of a big long table/desk and I sat the other side with my advocate when I had one. The DWP bloke sat on my side of the desk too. Thankfully, so I didn't have to look at him. Felt like he was the enemy  >devil< though actually he was ok. Even before we were asked to leave so the panel could decide the DWP bloke said he could see I should get the benefit so he conceded really but the Tribunal rubber stamped it.

ATurtle

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Re: My Appeal
« Reply #18 on: 30 Mar 2013 04:24PM »
Good news for you Fiz  >thumbsup<

 >tah< for the information on how they sit and work (if you can call that work!).  I expect there are others that are faced with this sort of thing in their future and they will be getting churned up worrying what will face them.
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

ATurtle

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Re: My Appeal
« Reply #19 on: 13 Apr 2013 09:59PM »
Latest twist in my situation is that the wife has now been called for a Work Focussed Interview in May!

Two weeks after the Appeal date, so I might find out beforehand if I can drive her there, or have to send on the bus.

There's her with no bowel, so needs to go to the loo 20 times a day, just undergone a spine op, and awaiting an op on her foot.  Bet she's told she can work full time, standing up in a computer game shop (as she knows nothing about hardware or software)!
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

Monic1511

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Re: My Appeal
« Reply #20 on: 14 Apr 2013 02:52PM »
Turtle
you said your wife has been called to "Work Focussed Interview"  do you mean at the jobcentre?
many people come to us straight from the jobcentre as the person has told them to appeal to get into the support group.

Or do you mean her "work capability assessment" thats the medical to claim eas or if your on IB the reassessment?
Monic.   

ATurtle

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Re: My Appeal
« Reply #21 on: 14 Apr 2013 03:39PM »
Nope, this is a Work Focussed Interview at the JobCentre.

If she were called for a WCA, I wouldn't worry, it's just that this interview has come at a very strange time.

I sometimes wonder if the DWP shouldn't just pay each person that is unemployed/disabled separately with a single person "bonus" for those living on their own. (Not that living as a couple is that much cheaper than two separate people)

She hasn't claimed ESA, JSA or any other benefit, just the fact that she's my wife and I claim benefit for her.
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

Monic1511

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Re: My Appeal
« Reply #22 on: 14 Apr 2013 08:06PM »
Right I understand now
Your wife might be advised to claim ESA in her own right - its because the government has changed the rules again and if you have a partner they want to know why that person isn't employed and supporting you. 
The JC+ worker will probably advise that she claims ESA & DLA in her own name just to stop them having to call her in every so often to see why she isn't employed yet.   I know its daft but thats the system we have to work with
Monic

ATurtle

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Re: My Appeal
« Reply #23 on: 19 Apr 2013 05:35PM »
Went to the Tribunal today, spoons running out very quick now.

I think they were impressed with the way I had listed out the 22 errors/mistaken observations that the Atos Doctor had made.  It might be an idea for others to get the points that you disagree with listed out, so that you can hand it over for them.

One up on the DWP chap that was there, he's never heard of the tribunal not reaching a decision!!!!

Medical notes being called for, so another 10 months of waiting. (I hope not).

 >tah< for the advice so far peoples,  >x-fingers< for the next bit.
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

Monic1511

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Re: My Appeal
« Reply #24 on: 19 Apr 2013 05:39PM »
Hi Turtle

I take it that the tribunal was adjourned for a Medical Report,   if thats the case then HMTribunals will write to the named doctors in your papers, its then a wait for the doctors response and roughly 4 weeks after they get the evidence they will relist your tribunal for another hearing.

so hopefully another 8 -12 weeks before the next tribunal
Good luck
Monic

ATurtle

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Re: My Appeal
« Reply #25 on: 10 Jul 2013 02:12PM »
Second tribunal yesterday - strength sapping trip 18 miles from home climb a massive flight of stairs, down a lift, into a dark, airless waiting room and then after a 10 minute wait into the tribunal room. 

Why I bothered, I do not know, they decided that the fact that I had curled up and accepted my limitations was proof that I had no limitations!  The doctor wanted to know when I flicked the switch and went from OK to heavy duty pain, and then didn't seem to accept that it had gradually increased so I couldn't give a date when it started.

So the board (careful choice of words there) decided to come down on the side of the DWP, so my DLA is out of the window.  If I can't find a way to afford to tax my car, I'm stuck in the house permanently.  I won't say how bad I feel as it might trigger others, but needless to say I'm not a happy bunny.    >crying-<
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

ditchdwellers

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Re: My Appeal
« Reply #26 on: 10 Jul 2013 05:24PM »
So sorry to hear that  >hugs<

KizzyKazaer

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Re: My Appeal
« Reply #27 on: 10 Jul 2013 05:42PM »
That just stinks, Tony  >thumbsdown<

You can say how bad you feel here, that's what we do - just mark your post (or another thread if you want to start one in 3 am) with the warning triangle icon if you're concerned it might trigger others.  It's OK to talk about it and it might help get some of it out of your system.  You're not alone!

Monic1511

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Re: My Appeal
« Reply #28 on: 10 Jul 2013 07:26PM »
Hi Turtle

Im sorry to hear that you can ask for a statement of reasons though.

What you do is send this letter to the tribunal service within the next 28 days and they will send back the written transcript of the tribunals decision.

To HMTS from A Turtle


Dear Sir/ Madam

Re:   __DLA___________________      NINO:   ______________________

Appeal Ref:   _____________________      Tribunal Date:   __10/7/13_____________

REQUEST FOR A FULL STATEMENT OF REASONS   

I request a full statement of reasons and record of proceedings for the decision of the above appeal hearing.

Please send a copy to both myself and my representative _______________________________________________________________.

Thank you for your co-operation.

Yours faithfully

A Turtle

This will show you how they made their decision and if you can find an error in law you can ask for a set aside of this decision.

I know thats not the answer you wanted but it is the next step in the process  >hugs<
Monic

starsmurf

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Re: My Appeal
« Reply #29 on: 10 Jul 2013 08:04PM »
I'm so sorry Tony  >hugs< >hugs< >hugs< >hugs< >hugs<

I wish there were something we could do here.

It also makes me sick that they think you've no limitations (because you've been realistic) and that some twit with an MBChB can't understand that pain can get much worse.
Look carefully at the avatar, note what's barely visible in the gap in the rings.  I've highlighted it for you.