Help with advice for Tribunal next week!!!

oldsporty

Hello everyone, hope you are all keeping warm and as well as can be! I need some advice about my Tribunal next Wednesday 22nd/2010. I had asked my GP if he would give me a letter to send in before my Tribunal and he said he would but as of yesterday they hadn't received anything so I rang this morning and was told he hadn't done it, sorry, and he is now away until the New Year!! What do I do??? Ask for a postponement or go without anymore evidence then what they already have and just explain things and let them see me as I am?? What does everyone think!!

kurgon

Do you have any other written evidence to take in? Your GP should have already submitted evidence to them so not sure if waiting will add anything much but you could always try and see the practice nurse and ask them for something?

dmg24

kurgon wrote: »

Do you have any other written evidence to take in? Your GP should have already submitted evidence to them so not sure if waiting will add anything much but you could always try and see the practice nurse and ask them for something?

This is not necessarily true - the DWP are under no obligation to request GP reports.

OP, when did you become aware of your Tribunal date, and when did you ask your GP for a report?

oldsporty

Thanks for the suggestion ie- Nurse. The GP did send in eveidence but it wasn't very uselful as he hadn't seen me for a while and the DWP were so quick that they had sent it and he had returned it before I could see him and discuss how my situation/health had changed. The only thing with seeing the Nurse is that it is now too late to send in anything as it has to be in 7 days beforehand.

oldsporty

I had my date through 10 days ago even though the initial paperwork said it wouldn't be before February and I asked my GP for a report 2 days later.

dmg24

I doubt a nurse would be in a position to give a report of the depth needed for Tribunal, so don't worry about that. It sounds like they have offered you a cancellation, so you should be ok to call and explain that you are not able to gather your evidence in time. However you should be aware that this could delay your hearing even longer than Feb.

cit_k

dmg24 wrote: »

I doubt a nurse would be in a position to give a report of the depth needed for Tribunal, so don't worry about that. It sounds like they have offered you a cancellation, so you should be ok to call and explain that you are not able to gather your evidence in time. However you should be aware that this could delay your hearing even longer than Feb.

Surely though, the tribunal would find it hard to argue over a nurse supplying evidence, especially if that nurse has seen the patient numerous times and has access to their full medical history etc, and knows the patient well?

After all, surely that is a better position to be in, evidence wise, than a nurse who does not know the patient, has usually not seen their medical notes/history at any point, who has never treated or examined the patient in any 'medical' way - ie the typical nurse who often supplies a ATOS report that the tribunal uses at evidence?

I mean, the nurse who did my preboard medical (to show that I required a medical assessment) was a expert in allergies of all things, with no known experience in mental health apart from the few days disability training ATOS provides.

She did not read the form, and I have in writing from ATOS of all people, an apology for her oversight' in not acting on some major points I had raised in the form.

Mind you, that did not stop them from treating the report as accurate, despite their admisison of neglicence...

dmg24

cit_k wrote: »

Surely though, the tribunal would find it hard to argue over a nurse supplying evidence, especially if that nurse has seen the patient numerous times and has access to their full medical history etc, and knows the patient well?

After all, surely that is a better position to be in, evidence wise, than a nurse who does not know the patient, has usually not seen their medical notes/history at any point, who has never treated or examined the patient in any 'medical' way - ie the typical nurse who often supplies a ATOS report that the tribunal uses at evidence?

I mean, the nurse who did my preboard medical (to show that I required a medical assessment) was a expert in allergies of all things, with no known experience in mental health apart from the few days disability training ATOS provides.

She did not read the form, and I have in writing from ATOS of all people, an apology for her oversight' in not acting on some major points I had raised in the form.

Mind you, that did not stop them from treating the report as accurate, despite their admisison of neglicence...

An ATOS assessor is trained specifically to do that role. A practice nurse is not trained to give an expert opinion on someones condition.

TOBRUK

Hi oldsporty, not sure what to advise however I personally wouldn't postpone - I would go to the tribunal. If someone at your surgery could give a letter to take with you to the tribunal I don't think it would do any harm.

I went to my first tribunal with no extra evidence and I took a friend with me although she didn't say a word. I answered their questions and I explained how things were - I won. I did the same with my second tribunal - and won.

It is up to you what you decide, but if you are able to get some written evidence and produce it on the day, I'm sure they wouldn't object.

Good luck.

kurgon

dmg24 wrote: »

I doubt a nurse would be in a position to give a report of the depth needed for Tribunal, so don't worry about that. It sounds like they have offered you a cancellation, so you should be ok to call and explain that you are not able to gather your evidence in time. However you should be aware that this could delay your hearing even longer than Feb.

As a nurse who provides reports for tribunals I can tell you that you are wrong. Also the DWP ALWAYS gets reports from a medical person, either GP or consultant invloved in care. They may also choose to access this information from a CPN or specialist nurse.

tomitma

oldsporty wrote: »

Hello everyone, hope you are all keeping warm and as well as can be! I need some advice about my Tribunal next Wednesday 22nd/2010. I had asked my GP if he would give me a letter to send in before my Tribunal and he said he would but as of yesterday they hadn't received anything so I rang this morning and was told he hadn't done it, sorry, and he is now away until the New Year!! What do I do??? Ask for a postponement or go without anymore evidence then what they already have and just explain things and let them see me as I am?? What does everyone think!!

Please check that this appeal is actually going to happen, the appeals in the Cardiff area have all been postponed, due to the weather, as the staff and the Doctors can not get into the office, Cardiff isnt too bad weather wise, but the rest of the country may be worse.