Incapacity Benefit Appeal Unsuccessful

sunnyone

SueP1944 wrote: »

I know this is certainly going off topic and I am in part responsible.

But please tell - where do you live??????
Then I can have a look on Rightmove for places to rent! LOL

As for a GP coming out yike!!! my other half was in HDU and they let him out after nearly 3 months
- couldn't eat, lost nearly half his body weight in hospital and they expected me to care for him!! Where does one start I said to myself? I got through it without any help, visits or advice from anybody!!!

you dont like to see your GP andy, go a troll somewhere else.

nannytone_2

i live in a rural area but still have nightmares with the doctors!
theyre very good with home visit's though. my mum in law is housebound and when she needs a doctor, theyre always there within an hour.

he6rt6gr6m

munchings-n-crunchings wrote: »

Can I just clarify one of your answers.

You confirmed you requested a Written Appeal Hearing?? or

Did you request the appeal in writing ??

These are 2 different things.

Agh. Sorry. That's me being a spanner.

A written request has been sent for the appeal of the appeal, and also for a statement of reasons. In hindsight, I don't think the letter stated preference for an oral hearing, which I believe would be much more truer than reading stuff off a sheet and basing a decision off of it.

birkee

seven-day-weekend wrote: »

I find it difficult to believe that there are any Dr's surgeries where you can't book, say, a month in advance. What if the Dr has just started treating you and tells you to come back next week to review the treatment -can we really believe that you can't book an appointment?

As for the appeal, I agree that she should see her Dr first and maybe ask him/her to write a letter to put in with her next appeal?

Well my Doctors will never book more than a week in advance either, and I bet there are a lot more, so why you find it "difficult to believe" I've no idea.
If they tell you to come back in two weeks, you have to make an appointment 6 days before the end of the two weeks.
Seems to work quite well.

seven-day-weekend

birkee wrote: »

Well my Doctors will never book more than a week in advance either, and I bet there are a lot more, so why you find it "difficult to believe" I've no idea.
If they tell you to come back in two weeks, you have to make an appointment 6 days before the end of the two weeks.
Seems to work quite well.

Thanks, what I really meant was that I find it difficult to believe that anyone can't book in advance - a week IS in advance, isn't it?

However, it seems that this is indeed the case in many places, thankfully not in my Drs where you can book in advance (although I must admit I have not tried to do so for more than a week in advance).

dmg24

he6rt6gr6m wrote: »

Agh. Sorry. That's me being a spanner.

A written request has been sent for the appeal of the appeal, and also for a statement of reasons. In hindsight, I don't think the letter stated preference for an oral hearing, which I believe would be much more truer than reading stuff off a sheet and basing a decision off of it.

The Tribunal would have sent you a form where you would have ticked for a written or oral hearing. Can you not recall what you put?

You cannot appeal the Tribunal decision simply because you disagree with it. Did you take advice before sending your appeal letter?

he6rt6gr6m

dmg24 wrote: »

The Tribunal would have sent you a form where you would have ticked for a written or oral hearing. Can you not recall what you put?

You cannot appeal the Tribunal decision simply because you disagree with it. Did you take advice before sending your appeal letter?

There was no form with it. It was simply a letter saying "Judge "whoever" has refused your appeal. The decision stands." No statement of reasons and nothing else with it.

The advice we were given was that the Tribunals Service's decision could now be appealed by someone higher.

Bamber19

nannytone wrote: »

at my doctors surgery the only qay to make an appointment is to phone on the day. the ONLY way you can get an appointment in advance is if the doctor requests to see you at a specific time for a repeat consultation.
i think it's a crazy system!

There is a reason for this crazy system. Many surgeries are overrun by constant repeat appointments by (normally elderly) people with nothing wrong with them but who are scared that if there is anything wrong they wont be able to get an appointment so they phone up and make appointments in advance. I wish my own doctor had a similar system but they are still operating the old way so normal wait is a week minimum.

he6rt6gr6m wrote: »

There was no form with it. It was simply a letter saying "Judge "whoever" has refused your appeal. The decision stands." No statement of reasons and nothing else with it.

The advice we were given was that the Tribunals Service's decision could now be appealed by someone higher.

Dmg is talking about before the appeal was heard, way back near the start of the appeals process a form would have been sent to you asking for some details and one of the questions is whether you want the appeal to be heard on the papers they already have (plus any supporting evidence you send in) or an oral hearing where you attend and are asked questions by a doctor and solicitor. Had this form never been received and completed I don't think the appeal would have went ahead to any extent.

As for what set aside means, this would mean that the appeal would be heard again, at the same level (first tier tribunal) by a new panel as if the appeal had never been heard before. There must be good cause for this to happen though, and in general that is that the tribunal erred in law.

john539

SueP1944 wrote: »

In my surgery the telephone lines open up at 8am sharp. It can take up to an hour to get through because everyong else is doing the same. You cannot make any 'forward' appointments. Once the slots for that day are booked up you are told to ring again the following morning hoping that you are more successful. This can go on for many days at busy times - winter, school holidays etc.

This is what happens when targets take over, creating a crazy self-serving system which stops meeting basic needs of patients to book a convenient appointment in advance and where patients have little or no say.

Beware more of this if Tories get their way with NHS reforms & all powerful GPs having massive power controlling the system & budgets.

he6rt6gr6m

Bamber19 wrote: »

Dmg is talking about before the appeal was heard, way back near the start of the appeals process a form would have been sent to you asking for some details and one of the questions is whether you want the appeal to be heard on the papers they already have (plus any supporting evidence you send in) or an oral hearing where you attend and are asked questions by a doctor and solicitor. Had this form never been received and completed I don't think the appeal would have went ahead to any extent.

As for what set aside means, this would mean that the appeal would be heard again, at the same level (first tier tribunal) by a new panel as if the appeal had never been heard before. There must be good cause for this to happen though, and in general that is that the tribunal erred in law.

Ah, I see. Well, we actually went to the town hall to see someone specifically about this and they filled in all the paperwork and we gave her what she asked for, namely GP's details.

It was definitely a set aside that was asked for, which is where I may have been getting confused earlier. The reason being that no notification was received here about the tribunal hearing, even though the tribunal say that a letter was sent.