IB Tribunal Hearing

strawberry_cupcake_2

Afternoon all,

I will try to keep this as brief as possible, last summer, my IB (which I had been receiving since 2003) was suddenly stopped after I had a medical carried out by Atos.

Since July 2008 and I have been appealing against the decision, because the "doctor" (I use that name very loosely) wrote down completely different answers to the ones that I gave him.

Basically ever since then, I have been waiting for a tirbunal hearing, the first one I had was adjourned and now I have been given a date for August.

What I would like to know is this, first of all, why are they so keen to accept the "doctors" word but not mine? He saw me for only 15 minutes, but I have had at least 3 other medicals (for IB) before, and always scored sufficient points.

I had to leave a great job to go on IB because of my condition, I'm not some kind of scrounger who just wants to grab whatever money I can without doing an honest days work, but due to health reasons, I can't work at the moment.

I don't hold out much hope for the next tribunal hearing, the Judge we saw last time was so abrupt and spoke to my mother and I like we were criminals, he only seemed to side with the Benefits Agency, and wouldn't allow me to speak, so who's to say it will be any different this time.

What I need to know is what will happen if I fail my appeal? Surely I wont be eligible for JSA if I'm unfit for work, and as my husband works, I won't get income support or anything. And why are they so keen to believe the Atos guy but not me? His report was incorrect, but that doesn't seem to count for anything.

NASA_2

Why do they believe the doctor over you? Because they hire him to get his opinion on peoples illnesses - anyone could say they are sick in order to get money from the state.

If you fail your appeal then you can appeal again but it will have to be on a point of law which means that you have to be able to show that the law itself is in error.

If you dont think you are available for then you wont be able to claim JSA. Its up to you what you live on from that point.

strawberry_cupcake_2

Why would I leave a well paid job that I loved in order to claim benefit? As i said, he wrote down incorrect answers to the ones I gave! Why do they take his word over mine???? If I couldn't walk, yet he wrote down that I could do the can-can and break dance would they believe that too? Its all one sided!

healy

If you fail your appeal you could claim JSA but you are unlikely to paid any money as your husband works but you will get you NI paid if you sign on.

The only further appeal would be if there was an error on a point of law if you fail the appeal.

All is not lost as the tribunal are fully aware that some of the Doctors medical reports are flawed and they will take your evidence and award points accordingly. It will help if you can get medical evidence to back up your claim and have a representative at your appeal (CAB etc).

NASA_2

strawberry_cupcake wrote: »

Why would I leave a well paid job that I loved in order to claim benefit? As i said, he wrote down incorrect answers to the ones I gave! Why do they take his word over mine???? If I couldn't walk, yet he wrote down that I could do the can-can and break dance would they believe that too? Its all one sided!

Its none of their concern why you left your job, there could have been a thousand and one reasons, its fairly irrelevant to the claim. The Department hire doctors to get their opinion on peoples illnesses, its their opinion that counts because its their opinion the department wants, I could say I am sick today and go on benefits going by what you want to be the case.

If your version is true then the tribunal will maybe see that and reverse the decision.

strawberry_cupcake_2

ESA wrote: »

Its none of their concern why you left your job, there could have been a thousand and one reasons, its fairly irrelevant to the claim. The Department hire doctors to get their opinion on peoples illnesses, its their opinion that counts because its their opinion the department wants, I could say I am sick today and go on benefits going by what you want to be the case.

If your version is true then the tribunal will maybe see that and reverse the decision.

Do you mind telling me why you are being so harsh? You don't know the reasons of my illness, and I'm not about to bore you with them, I am not a scrounger, and I find your tone rather uncalled for. As I said before, the Atos person is at fault, not me, but nobody questions his judgement.

NASA_2

strawberry_cupcake wrote: »

Do you mind telling me why you are being so harsh? You don't know the reasons of my illness, and I'm not about to bore you with them, I am not a scrounger, and I find your tone rather uncalled for. As I said before, the Atos person is at fault, not me, but nobody questions his judgement.

I dont see that I am being unduly harsh, simply stating what I think is the truth, that your opinion is probably one of the least important when it comes to these decisions being made. You have more or less said that anyway albeit in a different way.

I dont know the details of your illness, and I dont need to, my opinion on your illness is irrelevant too.

Garry_Anderson

Cupcake - your experience is not uncommon with ATOS.

As I have stated many times: these tests are subjective not objective.

The government hope you are having a 'good day' for examination and don't want to take into account expert opinion e.g. your doctors notes, or pain clinic specialist report, or consultant surgeon etc.

It is all about targets - reducing incapacity claimants and saving money.

http://www.news-medical.net/news/2006/07/11/18814.aspx

bestpud

The whole point of the IB changes is to weed out the people who may have been getting it for a while under the old system but who are actualy capable of doing some sort of work.

Seems to me they are doing just what they said - reducing the vast number of people living off this benefit. That is the right and proper thing to do imo.

I know someone who has recently been awardrd DLA at a much higher rate than they thought and the doctor who did the assessment actually said they felt the claimant was putting on a brave face (which is very true as it happens!) Different benefit I know, but it does show they are not all out to fail claimants or trick them into saying certain things.

But it is bound to cause a stir when they start taking people off benefits they have some to expect and we are seeing the results on here. Same with lone parent income support, although that seems to have settled now.

It seems people do not want to investigate what they can do though.

suelees1

I really don't think ESA is being harsh - simply telling it as it is.

I've seen dozens and dozens of these reports from EMPs and have my own opinions about the majority of those who provide them. Remember they're commissioned by the DWP.

Do as has been suggested and obtain some medical evidence of your own. Tribunals have a duty to consider all the evidence and make a decision based on the balance of probabilities.

Chairmen of tribunals (with recent changes they're now called judges) should not be there to take sides. Did you seek advice before or after the tribunal ? Any experienced advisor would have been able to tell you what you should have done next but it will be too late now.

For this appeal I'd strongly advise you to find a specialist advisor in your area well asap so they can help you prepare well before the hearing date

strawberry_cupcake_2

oh well, what will be will be, just a shame genuine claimants like myself are suffering because of this new government campaign to get people of benefits. The truth of the matter is the scroungers will simply go and register for JSA or income support, ot have another kid, that usually pays dividends, yet I will just slip through the net, at least the figures will look good. ESA hope you don't find yourself in my position, its not nice.