Benefits Tribunal

willas00

Hi,

I know i've left this a bit late but hopefully someone can give me some advice!

Back on September I attended a medical with ATOS for ESA as part of my on going claim and was only awarded 6 points.

In November the decision was made to disallow me ESA. I appealed against the decision and had all the paper work sent to me ready for a tribunal.

Which is today at 11.20! (Bit short notice to ask for some advice)

In the document it states no further evidence can be given after the decision maker made the decision.

However some of the information in the report dates to 31/12/10 (After the decision was made and an appeal was sent) so does this mean that the Drs report which has been done on 31/12/10 is invalid? If so what can should I do?

Also there is a lot in the report claiming that I'm fit for work when 90% of the facts in the ATOS report have not even been mentioned.

In the ATOS report the Dr reports I'm able to cope with changes, socialise all the time, lead what seems to them as a normal life and makes note of the fact during the assessment I was calm and relaxed.

Where as in fact I can't cope with changes, I never socialise, I hardly leave the house, I don't really lead what I call a normal life. Staying in doors because of how I feel to me doesnt really seem as a normal life?

I was not relaxed at all I was very nervous, sweating and fidgety. Seems a lot of the facts are missing from the report.....

I do suffer with server depression and in the report from my Dr on 31/12/10 my Dr stated "Dr Stated that he is trying to get Me to engage in getting back to work. However Me doess ebb and flow into a depressive state."

This report was from an appointment at the beginning of December since which I have seen my Dr.

However my Dr has been signing me of as un-fit to work due to depression since I started to appeal and the DWP asked for Sick Notes in order for me to appeal.

I understand from what I've seen on here that a solicitor? will ask me some questions and a GP will ask me some questions based on how I feel, what tasks I can/cant do, how I live my life etc etc then a decision will be made.

If in my favour then I go back into the full rate of ESA, If against me I have to start claiming JSA? However if the decision goes against me how am I supposed to claim JSA when my Dr signs me of and It's not practical for me to be working....

My Dr has stated on a few occasions he thinks me going back into some line of work would be a good idea, and when I was on the Work Focussed group he agreed the support from this was better than getting me back into work as it would support me with my condition and ease me into work.

Last time I spoke to my Dr he agreed I should see a councillor however this is something I've personally found hard to pluck up the cur-rage to do, I'm not the kind of person who likes to talk much at all, this was all discussed end of December of which would be no relevant to the tribunal and seems something I should of informed the DWP about before hand?

Any advice would be appreciated I know it's short notice.

allen35

Take any evidence of your illness with you, yes the tribunal want to know how you were before the decision was made but there is argument to say this is a true reflection and there has been no change in your mental health state, i wish you luck and try and answer all the questions they ask, they are independant and are not there to trip you up, they just want facts to base a decision on.

GOOD LUCK !!