Results (after 14 long months) of Tribunal Hearing

strawberry_cupcake_2

I decided that after my tribunal hearing (appealing against the wrongful stopping of my IB) I would come on here, and share the outcome with you all.

In a nutshell I had been in receipt of IB since the summer of 2003 when illness prevented me from being able to do my job, since then, I have regularly been called in for medicals and interviews at the jo centre etc, and each time, have been awarded enough points to carry on claiming. Then in June 2008 i had another "medical" carried out by "ATOS" and when the report came back, it said that my IB had been stopped due to insufficient points! I decided to appeal, because on reading the report, I discovered lots of errors that the medical examiner had either overlooked or deliberately changed, and after several false starts, I had my tribunal hearing yesterday.

Today I received the decision, and guess what? I still failed! I had received 8 points (which incidentally is 6 more than the original medical) but funnily enough, several questions which were completely relevant to my condition and have always been asked before, were asked, but not noted, which meant I didn't get points as the questions weren't marked! aaaaargh!

So now I admit defeat, if the scoring had been done correctly, I would be waiting for a nice bit of back pay, but because of dirty tricks (and what other name could it be called?) I have failed.

But you know what? sod it! I am not going to bother to appeal again, cos I will never win, its too biased, so they can stick their money where the sun doesn't shine, I am not going to put myself through that anymore, for the sake of my health and dignity.

I am going to write a letter though, I will point out the questions he asked (and failed to note down) and see if they have an answer as to why this was allowed to happen.......... But I wont hold my breath for an answer.

I'm not bitter, I'm gonna draw a line under it now, I can't allow it to control my life, the old saying "you can't beat the system" is such a cliche, but its oh so true!

dmg24

several questions which were completely relevant to my condition and have always been asked before, were asked, but not noted, which meant I didn't get points as the questions weren't marked! aaaaargh!

Did you not raise this as one of your points of appeal?

healy

dmg24 wrote: »

Did you not raise this as one of your points of appeal?

I got the impression that the OP was referring to the appeal itself rather than the medical. I could be wrong.

strawberry_cupcake_2

dmg24 wrote: »

Did you not raise this as one of your points of appeal?

Hi, originally i raised the issue of the medical advisor scoring me incorrectly (not putting down what i said) but that applys to yesterdays hearing, I went through the tribunal papers this morning and compared them to the letter I received turning me down, and saw the questions (which he asked) yet he didn't score me for.

strawberry_cupcake_2

I'm not going to appeal again, as its far too stressful, but think I will point out that had he put down the points for a couple of the questions he asked (but didn't score) then i would have reached the threshold easily. I have still been proven right, that the med advisor scored me incorrectly all those months ago, but what can you do? I have to letit go now, or else I'll end up even madder than I already am! What broke my heart yesterday, was this poor lady who was appealing for the second time of having her IB stopped, she was in terrible pain, could barely stand and was sobbing her heart out as she had been in a terrible car accident which made it impossible to work and she was forced to give up her job which she loved, and yet she was being put through an ordeal like that, its just not fair really.

mealone

may I ask what you were on IB for?

There seems to be a definate pattern emerging.

strawberry_cupcake_2

Hi mealone, I was receiving IB for anxiety and depression.

Garry2009

I also got totally screwed over when I went for my medical. The nurse who assessed me totally played down my illness.

When it came to me making my appeal, before it came to tribunal, you know what they said? They said- they won't accept the evidence which I sent them (the reports from my CPN and Psychiatrist) because it contradicts with what the Nurse wrote down on the day I was assessed.

mealone

strawberry_cupcake wrote: »

Hi mealone, I was receiving IB for anxiety and depression.

When looking around this site and others thats the trend, it seems that DWP are targeting people with depression and anxiety and/or similar problems, though all other conditions are also seeing an increase in people failing PCA/WCA.

For the right payments program (DLA) B&W listed the 10 disabilities that they are looking at but I havent seen anywhere anything that lists the "hit list" of conditions for IB/ESA claims.

Claire_DC

mealone wrote: »

When looking around this site and others thats the trend, it seems that DWP are targeting people with depression and anxiety and/or similar problems, though all other conditions are also seeing an increase in people failing PCA/WCA.

For the right payments program (DLA) B&W listed the 10 disabilities that they are looking at but I havent seen anywhere anything that lists the "hit list" of conditions for IB/ESA claims.

Could you elaborate on this please, I haven't seen it. Thanks. x

strawberry_cupcake_2

what can we do tho'? because people with anxiety/depression etc are being targetted for getting off IB, they aren't always in a position to defend themselves, then even when they do, the evidence is overlooked, ignored, refused or left off the report all together! I am seriously thinking about taking this to the papers, how do others feel about it?

I really hope folk dont think I am just moaning as its sour grapes on my part, as I really do feel cheated, and I know I have been.

As i said before, I refuse to appeal again, they can stick the IB as I could not put myself through all that again, only to probably get it reinstated, but conveniently "fail another medical as soon as I'm due another!

I also would like to add, that I'm not anti DWP, having worked for the civil Service myself for many, many years until illness put a stop to my career.