Medical reports for ESA appeal - only with permission of DWP!!!!

cit_k

If you are already paying the solicitor, ask them if its possible that the cost of the solicitor could be met by the DWP if you win the case, as the DWP can pay compensation for any financial lose incurred if the mistake was theirs, its all complex, and I dont understand the rules of that much, but perhaps the solicitor knows. Better yet, find a free welfare rights advisor to inform you, as the solicitor could charge a fortune to find out, and could say no, they wont pay...

Uncertain

cit_k wrote: »

If you are already paying the solicitor, ask them if its possible that the cost of the solicitor could be met by the DWP if you win the case, as the DWP can pay compensation for any financial lose incurred if the mistake was theirs, its all complex, and I dont understand the rules of that much, but perhaps the solicitor knows. Better yet, find a free welfare rights advisor to inform you, as the solicitor could charge a fortune to find out, and could say no, they wont pay...

I suspect this is one of those situations where the DWP would need to be more than just "wrong" if you see what I mean.

You would need to show that they were in some way negligent or failed repeatedly to correct a problem that had been pointed out to them.

In a way it is a bit like being charged with an offence then found not guilty. There is no automatic right to compensation.

cit_k

There is more on the issue in this pdf if anyone is up to reading it all.

stazi

cit_k
Special Payments to which the pdf doc refers, do not apply to cases where normal benefit and legal processes are involved- in this case a medical examination for either ESA or IB.

DWP would not pay for a customers solicitors bill, as legal representation is not required at a tribunal. Any legal bill therefore, is the responsibilty of the customer.

Special Payments can only be considered in the circumstances mentioned in the document.

If a customer wins their appeal, then benefit is reinstated and no financial loss has occuried- this is not considered 'a mistake/error' by DWP.

cit_k

stazi wrote: »

cit_k
Special Payments to which the pdf doc refers, do not apply to cases where normal benefit and legal processes are involved- in this case a medical examination for either ESA or IB.

DWP would not pay for a customers solicitors bill, as legal representation is not required at a tribunal. Any legal bill therefore, is the responsibilty of the customer.

Special Payments can only be considered in the circumstances mentioned in the document.

If a customer wins their appeal, then benefit is reinstated and no financial loss has occuried- this is not considered 'a mistake/error' by DWP.

What if the lawyer can prove a mistake / error did occur, such as medical negligence, failure to follow proper legislation/procedures/etc etc?

would that not count as a mistake/error, ie its not just a disagreement over fit to work or not, ATOS or the DWP made a error in law or procedure...

AngelBadger

Think carefully about what will be in any letter from your GP. Mine thankfully were fine about writing me a letter but when it came to the tribunal I didn't use it as it was useless. It was factual information about medication (some of it incorrect) but very vague, it didn't even tell them what medication I'd been taking. It also included some details about who they had referred me to. Overall it said nothing about my condition or how it might stop me working which is the whole point of the tribunal.

I also requested a letter from my psychotherapist (he was quite angry about the whole thing so had offered his services anyway) as he is the only prof who knows much about my condition and how it affects me. I did give this into the tribunal, although it's impossible to tell if it was of any use as they didn't say much about it beyond the fact that they'd both read it.

Good luck

cit_k

Check to see if the GP on your tribunal is actually licenced to practice medicine, I was quite taken aback to find out the one on my last tribunal was not...

andyandflo

AngelBadger wrote: »

Think carefully about what will be in any letter from your GP. Mine thankfully were fine about writing me a letter but when it came to the tribunal I didn't use it as it was useless. It was factual information about medication (some of it incorrect) but very vague, it didn't even tell them what medication I'd been taking. It also included some details about who they had referred me to. Overall it said nothing about my condition or how it might stop me working which is the whole point of the tribunal.

I also requested a letter from my psychotherapist (he was quite angry about the whole thing so had offered his services anyway) as he is the only prof who knows much about my condition and how it affects me. I did give this into the tribunal, although it's impossible to tell if it was of any use as they didn't say much about it beyond the fact that they'd both read it.

Good luck

Ummmm!! thanks. I do seem to be barking up the wrong tree don't I? All along I have assumed that when the medical evidence is presented, and there being a GP on the panel at the Tribunal, it would seem pretty straight forward to show that given that illness, there was no possiblity of working.
As it now seems that notwithstanding the medical diagnosis, I am now having to gather further evidence supplied by an expert that in their opinion, given my condition, I cannot or would find great difficulty in carrying out the descriptors which were attached to the ATOS report. In otherwords finding someone willing to contradict the ATOS medical assessor's findings. In which case should I not be asking for that info and supplying a copy of the descriptors for the GP and the consultants to comment upon?
How the hell did this system get put in place? At the end of the day, it would be my medical people V their medical people in determining how long I can stand for unaided!!! Phewwww!!

AngelBadger

andyandflo have you got anyone helping you with the tribunal, like from the CAB? I would really recommend it, it helped me a lot as the guy's job was basically going to tribunals such as these helping people. When I first went to see him he didn't advise that I needed any medical evidence, but when I asked about it he said if it's possible great but don't worry if I couldn't.

andyandflo

AngelBadger wrote: »

andyandflo have you got anyone helping you with the tribunal, like from the CAB? I would really recommend it, it helped me a lot as the guy's job was basically going to tribunals such as these helping people. When I first went to see him he didn't advise that I needed any medical evidence, but when I asked about it he said if it's possible great but don't worry if I couldn't.

Hi, thanks for your comments. No, I don't have anyone. I have been down to the local CAB and all they would offer to do is put the details of the case together for me to present at the hearing. They don't represent anybody at the hearings as they did not have the time or staff. Put it bluntly, the girl was a 1st year law student so it didn't give me any feeling of comfort in putting my life in her hands. So off I went looking for a more experienced individual. No such luck - local council stopped employing a Welfare Rights Officer years ago due to budget cuts. County Council do have one but only for people who have a social worker. The rest of the disability/charity outfits were only good for handing out leaflets.
So it's down to me along with the other vast number of residents of Kent to look after ourselves.
Anyhow, as I have said, I am employing a solicitor to hopefully get me out of this mess. I have already spent £100 on obtaining copies of my medical records. Hopefully, the Tribunal will pay for the evidence I need from my GP and Consultants. I have put a total limit of £1,000 on all of this which goes on the old plastic! Have no choice!!