Incapacity Benefit Wrongly Stopped - Failed Medical

cit_k

healy wrote: »

I have to agree that your posts are boring, I do not mean to be rude but you do keep saying the same things which makes them boring.

But by definition, that would make your posts equally as boring, as you keep saying the same thing....

healy

cit_k wrote: »

But by definition, that would make your posts equally as boring, as you keep saying the same thing....

Not to the same extent, I have left alot of your posts alone whereas you seem to pick on mine when what I have said is correct as proved today.

I do answer other questions and have replied to you to give the correct picture rather than your version it. I have to repeat myself because you are not giving a true picture of how things are and are worrying people unecessarily and putting people off from posting.

Oldernotwiser

cit_k wrote: »

Some may, but based on my observations of the forum, that does not mean they have to go around often ignoring evidence, and ganging up thanking each others posts even when they dont have any real facts, or proof in them, and ignoring solid evidence. (You would think a certain group of posters are all in love or something, the way they religiously thank posts made by one another regardless of whether they actually contain any facts or not, yet consistently fail to do the same for other posts, simply because the facts do not agree with their view.)

Nor does it mean they should report posters to abuse without solid ....

Rightly or wrongly, many people on MSE use the Thanks button to indicate agreement.

You and Garry haven't given any evidence, you've just described your experiences (at length!) but that isn't evidence, particularly because you're so biased.

alwayshavingago

Dear Vicx

I hope you are still reading this, I hope despite some of the posts here you feel able to get an appointment or contact one of the organizations who can provide you with impartial advice on your situation. That information has been posted within this thread.

You may or may not not have a good case for appeal, that is not something that is easy to comment on here.

You do need advice on appealing and producing evidence to support your claim as well as advice on benefits you could claim now even if this JSA you should be advised to book an appointment with the Disability adviser at the JC+ office and any job seeking activity agreed within your limitations. ESA may also be a possibility.

The Medical Practitioner is making an assessment of you and whether you satisfy the descriptors ultimately this is going to come down to opinion which may be wrong or you do not agree with - appeal providing evidence to support your claim.

If there was maladministration in the medical complain and include this information as evidence for the appeal.

Despite what others seem to think depression is an illness and can be completely debilitating it can hit any one at any time, however it is a term that is often abused as well as the term stress. Unless you have been there ir is difficult to imagine the effects.

On one hand I was concerned that the thread had developed into a pointless argument that was not providing you with any practical advice but on the other hand reading the OP you had asked for others experiences and not advice. To be fair to some of the posters feelings on this, if you are suffering from Mental health problems it is understandable that views can become blown out of proportion or become obsessive about particular issues, however some of the information being stated as fact is totally ridiculous. Someone who is suffering from severe depression id likely to be in an extremely vulnerable condition.

I myself have just been signed off work suffering from severe depression brought on by stress and over work, something I could never imagine happening. Ironic really considering I have spent the last 15 years dedicated to helping others (which may explain my current position).

Please get advice and ignore some of the more extreme views voiced on here.

NASA_2

I've just had a deja vu again.

alwayshavingago

NASA wrote: »

I've just had a deja vu again.

Have you taken medical advice - I would not try claiming any benefits for it though.

alwayshavingago

I will not be posting on this thread any further, it is not doing my health any good.

I see I also need to change my log in name to avoid confusion it would appear that I can not do this without deleting myself - so be it.

nogginthenog

alwayshavingago wrote: »

cit_k wrote: »

If it was something in the bundle, how would he know if it was in the tribunals copy of the bundle? Documents can be in one, but not the other.

How would he know if the judge or chair had raised the issue of any missing documents?

Its possible that documents could go missing from either bundle, its even possible the trbunal may fail to raise the fact of missing evidence in their bundle. In fact, its even happened at a second appeal, where a commissioner had multiple documents missing from his bundle (and pages in the wrong order also) - yet he didn't raise the issue and request the documents - he proceeded with the hearing anyway, despite the missing evidence.

"This task is not made easier by the fact that a few of the material documents are missing from the bundle before me and those that are there are not always in chronological order, but I am fairly confident that I have managed to piece together what has happened."



A possibility as you say - having said that it would be a mistake rather than a deliberate attempt to hide anything or a conspiracy against the claimant. The Chair/Judge can still take it into account at the hearing if it was missing from the Schedule or adjourn, however in my experience missing evidence is very rare.

The evidence from the GP would also need to be relevant to the decision and date being appealed, it would need to support the the descriptors the claimant is stating apply to him.

The OP needs to consider this when providing evidence to support their appeal, what descriptors apply how these differ from the ATOS report - the evidence form the GP or other health professional would need to support the claimants choice of descriptors. It is worth the OP speaking to the GP and explaining what has happened, it depends on the GP but most are happy to provide a factual report giving details of the illness but have little idea of how the individual patient is effected by their condition.

I have never been to a Tribunal where I felt the Chair/Judge was biased and I have never had such a report from any of my colleagues.

If the OP does not agree with a decision they should not be put off appealing I would suggest getting advice first and full written reasons (but please note the time limit) and getting good quality relevant evidence to submit.

The trouble with that statement is that you are talking about tangible evidence,.......Mental health and physical pain, to take 2 instances are both subjective issues, were tangible evidence rarely exists........in fact in many illnesses and disabilitys as a whole.!......Its impossible to get cast iron evidence,...you might get a point of view, or more likey a probability.

Garry_Anderson

cit_k wrote: »

I have complained via a mp before, and he passed on the complaint to dwp/atos, atos investigated and asked the examiner if what I said happened actually did happen. Obviously the examiner said no, and ATOS took the word of the examiner over the claimaint.

Not complained about the others (never had the strength left after an appeal) but may do so after my next appeal (and include details of previous ones).

edit - I have told the dwp of my concerns, about atos and the fact the same thing always happens, but the response is just, you have to undergo the medical. Nothing is ever done about it, the situation is always the same. Although, having two tape recordings of seperate medicals should prove interesting, especially if the examiners deny any wrong doing at all, then I produce the recordings....

Cit K - I also complained to my MP - who contacted Mr Mathison ( Chief Executive of BA) - but it had absolutely no effect - they pay no attention to MPs.

I hoped that some due care would be paid to case - but still they ignored basic errors made that I pointed out e.g. the DWP's misrepresentation of my doctors advice.

Garry_Anderson

Originally Posted by Garry_Anderson
This was doctors letter was sent to them after I received appeal documentation and saw they misrepresented his evidence - he wasn't pleased.

I was not surprised DWP 'lost' it

alwayshavingago wrote: »

Not sure what the is for.
Not sure how this helps the OP with their inquiry either.
I presume you have followed the complaints procedure detailed and also continued your appeal to the Commissioners on the basis that the tribunal erred by choosing to ignore vital evidence because they were biased?
Just how long ago was this appeal?

The is because it was fortuitous for the DWP's case that they lost evidence which proved they misrepresented my doctors evidence i.e. it got lost on purpose.

It helps the OP to know what sort of tricks and problems they will face in any tribunals.

Clearly any complaints procedure would be paid as much attention to as my MP was i.e. not at all - indeed, my case of DWP wrong-doing is not unusual and nothing has been done about it for years.

My appeal with ITS was in November 1998 - things clearly haven't got better.