Tribunal Appeal Refused

rockingbilly

MHOWARD wrote: »

I read these forums a fair bit but rarely contribute, as I have nothing constructive to add. I wish you felt the same, its a shame there are people who like to kick people when they are down. You seem to just be a nasty piece of work.

Hey I was only stating the obvious. How can you make it sound good, honest and genuine when the poster not only flouts the rules but he then tells the DWP and ATOS that he has done so? That was a red rag to a bull - it was obvious that the DWP would then send someone to the appeal hearing if only to make sure the judge and the rest of the Tribunal knew about it.
The rest is history, the judge would not be too impressed and the poster would lose all sympathy and understanding, never mind credibility as a witness.
Now what could I say that would make the poster feel good about himself after all of that? Maybe some good will come out of it when for the next time he has an assessment he would not make the same mistake twice.

FBaby

OP, you say that ATOS never responded to your complaint. Regardless of the outcome of the tribunal, you have a right to have your complaint investigated. Did you make it clear that your request was an official complaint and have the time passed by which they have to respond to you?

If anything, I would follow-up on this.

Tommo1980

@ rockingbilly
You could try keeping your opinions to yourself rather than the constant diatribe you inflict across multiple threads.

densol_2

Rockingbilly is a troll who posts over the years under various user names - its easy to spot as he spouts absolute rubbish.

OP - I lost my first tribunal but put in another application ( as my mental health deteriorated ) and I won the second one. All is not lost. Please contact your GP to be referred back to the mental health team. You need support to get through this. Take care x

rockingbilly

Tommo1980 wrote: »

@ rockingbilly
You could try keeping your opinions to yourself rather than the constant diatribe you inflict across multiple threads.

If everyone was to do as you have stated this forum and others like it wouldn't exist.
I don't pretend to be a welfare rights specialist. I am simply a member of the public that owing to my many run ins with the DWP over the years I can offer valid comments and advice that is based on my own experiences - much like the majority on this site.
Whether anyone wants to take notice of my postings then that is up to them and NOT you

cbrown372

Whenever rockibgbilly says "let's be honest" that is a lie.

OP ignore their posts in this thread and follow the advice given by others in particular get some help from your GP and CAB.

Alice_Holt

OP re: PIP

It may be possible to challenge the first tier tribunal's decision. There is a process by which you can request the Upper Tribunal to review their decision. If the first tier tribunal have made an error in law, it is possible to have that decision "set aside". The first thing to do is to request a Statement of Reasons (SoR) from the tribunal service within one month of the date on your TS decision letter.
It's possible you local CAB / advice centre may be able to assist with this.

If you don't wish to do this (and I can quite understand why), do remember that you can reapply for PIP again in the future. When you do, I would suggest getting help with the form. Again your local CAB should be able to help, perhaps MIND, or there may be other voluntary agencies in the area which may be of use. Your GP or your local council may be able to refer you on to a helpful agency.

However, all this is secondary to you getting the immediate help with your current state of mind.
Please (in your own time) let us know you are OK. Do take care of yourself.

Don't worry about anything rockingbilly has written. He's certainly not contributing to these threads to help others, in fact I would suggest (per cbrown372) skipping over his thoughtless posts.

Best wishes.

Messed_Up_Kelly

FBaby wrote: »

OP, you say that ATOS never responded to your complaint. Regardless of the outcome of the tribunal, you have a right to have your complaint investigated. Did you make it clear that your request was an official complaint and have the time passed by which they have to respond to you?

If anything, I would follow-up on this.

I am a good complainer (the words of my therapist!) apparently...

They did initially respond acknowledging receipt of my complaint saying it was being investigated. About six weeks after that another letter, saying they could not see that the HP had done anything wrong and they would close the complaint. However, this letter also said if I was to forward a copy of the 'recording' within 4 weeks they would look into further. I sent a CD of the recording RM Signed For, which arrived and a signature obtained, that was November and with the decline in my MH, I never chased them up. It's only in the last month that I checked to see the CD was signed for, but I never got a reply.

densol wrote: »

OP - I lost my first tribunal but put in another application ( as my mental health deteriorated ) and I won the second one. All is not lost. Please contact your GP to be referred back to the mental health team. You need support to get through this. Take care x

Like most mental health services ours are so overstretched. My first referral last year was an assessment with RAID via A&E after a Consultant sent me there because of my self neglect issues, RAID did nothing despite me openly telling them I wanted to harm someone else (yes, I kid you not...)

My GP referred me back to the mental health team, where I initially saw a MH Practitioner who was useless and I was prescribed medication which I had tried previously many years back. I demanded to see a psychatrist, getting an appointment for 2 months later, to which I wrote to them and said this was not acceptable as I would probably be dead by then. I then got an urgent appointment to see a Locum who was lovely, gave me the medication I had wanted to try, but then discharged me, much to the annoyance of my GP, who said (1) I should have ideally seen my original psychiatrist and (2) given the drugs prescribed, I should have been followed up by the mental health team some weeks later. Instead the most support I have had has been from my GP who has been fantastic, but the medication prescribed by the psychiatrist is clearly not helping.

Up until 2015 I had a CPN who had supported me for 4 years, but once I was 'doing ok' and my therapy ended, the support from them ended as well.

I am going to see my GP again as soon as I can secure an appointment.

Alice_Holt wrote: »

OP re: PIP

It may be possible to challenge the first tier tribunal's decision. There is a process by which you can request the Upper Tribunal to review their decision. If the first tier tribunal have made an error in law, it is possible to have that decision "set aside". The first thing to do is to request a Statement of Reasons (SoR) from the tribunal service within one month of the date on your TS decision letter.
It's possible you local CAB / advice centre may be able to assist with this.

If you don't wish to do this (and I can quite understand why), do remember that you can reapply for PIP again in the future. When you do, I would suggest getting help with the form. Again your local CAB should be able to help, perhaps MIND, or there may be other voluntary agencies in the area which may be of use. Your GP or your local council may be able to refer you on to a helpful agency.

However, all this is secondary to you getting the immediate help with your current state of mind.
Please (in your own time) let us know you are OK. Do take care of yourself.

Don't worry about anything rockingbilly has written. He's certainly not contributing to these threads to help others, in fact I would suggest (per cbrown372) skipping over his thoughtless posts.

Best wishes.

Thank you Alice, We have a CAB and Welfare Rights in my town, but more I so overstretched, however I will probably reapply again for PIP, if I can get my head straight, but I know I couldn't put myself through it alone again.

I have actually done a letter requesting a Statement of Reasons, more out of curiosity than anything else.

I was planning if I won the Tribunal to fund some private psychiatrist appointments again, I had previously seen someone privately self-funded and I had hoped to return to them as well as seeing my old NHS Therapist again who is now working privately.

Now, I can barely afford to eat / heat / pay bills or cover the bedroom tax for the spare bedroom and I am not sure how much more I can cut back on!

Again, thank you to everyone for your support and positive comments.

Yours, Kelly

densol_2

Kelly - I fully understand. Both myself and my two sons have had NHS mental health services assistance. Their treatment has lacked on several levels unfortunately. I choose to spend my PIP care money that I won at tribunal on private humanistic counselling as Im luckier than most as I also receive a private injury pension ( but didnt until 4 years after being in the NHS system ) -so can buy my treatment now that others ( and myself for first 4 years )had to wait for. I know exactly how frustrated you feel.

Mrs_Ryan

Ames wrote: »

Who told you you can't access the crisis team if you're not under CMHT? Obviously it varies by area, but I've never heard of the crisis team only being available to those under CMHT, in fact when I tried to access my crisis team I was told I shouldn't have because I was under CMHT.

Same in this area- you can only access crisis team if under CMHT. I begged for a referral for ages because of the amount of crises I was having OOH and my idiot GP (who still insists I only have slight anxiety despite the fact I now have a diagnosis of BPD- from a psychiatrist) said 'we don't refer for slight anxiety' it was only when I presented for an emergency appointment acutely distressed and having freshly self harmed I got referred. It's the same reason OH is being kept under the CMHT- because his psychiatrist knows that if he kicks off he needs crisis intervention and there's no way of getting him to A&E as I'm too physically and mentally unwell to handle him.