Incapacity Benefit Wrongly Stopped - Failed Medical

strawberry_cupcake wrote: »

Dont need the money! I really do need the money, I wont even attempt to explain what our situation is financially now, but as I have previously said, the stress of the tribunal, the way the judge spoke to me, and the complete nightmare that I have endured since getting assessed by that ATOS clown has completely taken its toll and I dont have the strength to carry on, I am broken, and to add to the mix, my husband has now had a nervous breakdown brought on by what has happened, so another "victim" of this whole rotten business.

Thats why i wont try appealing, please, please, please dont patronise me by telling me how fair these people are, I know what happened and I know how our lives have been ruined by it.

I haven't read all the posts so don't know if you are within the month to appeal or not, but if you are then please appeal. You can get someone from Citizens Advice (or maybe other local welfare benefit agencies in your area to represent you and this takes the stress off you. They are used to doing them all the time so they know the format of the appeals well and should be able to put your case much better than you can because of that.

Sorry I haven't got time to read your posts but if you have had a reduction in income and are on Working Tax Credits then let them know as you might get more. It would be worth contacting Citizens Advice or similar in any case to see if there are any ways you can increase your income.

also a quote from the last known publicly available tribunal benchbook (which sets out the legal rules for the tribunal service)

19. EVIDENCE
1. A tribunal is not bound by the technical rules of evidence which apply to court
proceedings. Its task is to decide the facts of the case and then apply the relevant
law to those facts.
2. So questions of admissibility of evidence will not arise in tribunals, since all
relevant evidence, whether oral or documentary, is admissible; what will have to be
decided by the tribunal is the weight to be given to the evidence in question. (For
further discussion concerning this, see paragraph 22 below).

nogginthenog wrote: »

Yes i read the court report the claiment played stupid and the judge believed that the claiment did not know the rules pertaining to tape recordings. and allowed the tape evidence to be played
result...the DWP sent a copy of the rules to the claiment....Now this case cannot be used as a benchmark case. as the rules are now made clear.

Sorry, no that is not the case.

The case clearly states

As he entered the examination room he switched on the same hand-held (single-tape) tape recorder. I informed him that it was not possible to proceed under these conditions because we have been instructed that any interview/examination can only be tape-recorded if the claimant provides, (at their own expense), the facility to produce 2 contemporaneously recorded tapes. He said he knew this, but wished to make a single tape recording to “preserve his rights”.

He was already aware of the rules, AND told them when he asked to record the medical, the case was referred back to the state afterwards to ensure more rules were read out to anyone that asked to record. However, that in itself *only* applies to non-compliance where people are refused a medical as they ask to record without following the rules re recording.

It does not apply to covert recordings where the medical actually has taken place.

The case clearly states

Finally, I must acknowledge that there is no suggestion in this case that the appellant has acted other than in an open and straightforward manner. This is not, therefore, a case in which a claimant has surreptitiously tape-recorded an interview or medical examination. That type of case may well involve different considerations, e.g. as regards the admissibility of evidence in subsequent tribunal proceedings (on which see the decision of the Employment Appeal Tribunal in Chairman & Governors of Amwell View School v Dogherty (UKEAT/0243/06/DA).

Which is referring to a case where covert evidence from a standard tape recorder is allowed.


The dwp cannot stop a claimaint from asking the tribunal to accept covert evidence.
The dwp cannot stop the tribunal from accepting that evidence should they choose to do so.

I also note they state

"This is not to say that the Department’s restrictive policy about tape-recording cannot be challenged. "

edit to add:

and the dwp do not have any legal power whatsover to stop someone recording the medical covertly.

healy wrote: »

Surely if you did need the money you should have taken it further.

I am not patronising you just saying that the tribunal is in the vast majority of cases fair and that you could have done something about it. It is up to you if you did not. You are just one person it does not mean that everyone encounters problems because they do not.

Healy,
Please do me a favour, either you are deliberately trying to patronise me, or you have some vested interest in tribunals (which you wont disclose) but from now on in, please do not reply to anymore of my future posts, you know nothing about me, and like a cracked record you just keep spouting on about how fair the hearings are, its not at all helpful to my situation, so please dont take part in any future posts that i may write, thanks.

strawberry_cupcake wrote: »

Healy,
Please do me a favour, either you are deliberately trying to patronise me, or you have some vested interest in tribunals (which you wont disclose) but from now on in, please do not reply to anymore of my future posts, you know nothing about me, and like a cracked record you just keep spouting on about how fair the hearings are, its not at all helpful to my situation, so please dont take part in any future posts that i may write, thanks.

I am not trying to patronise you, just give the facts. I do not have a vested interest in tribunals.

I find your post quite incredible because you started picking on my posts and I have replied to you. I had no intention to engage in any converstion with you but you have started this by asking me the same question again and again. I do not have to disclose anything to you.

Tribunals are fair in the majority of cases, yourself and others are like cracked records and that is why I have to repeat myself. I have tried to be helpful to you but all you do is attack me and moan.

If you had left me alone in the first place I would never have said anything to you so it is all your doing.