Tribunal Appeal Refused

Messed_Up_Kelly

Mrs_Ryan wrote: »

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.

Thanks Mrs Ryan. I have BPD also along with PTSD, Depression, Anxiety.

The treatment of people with BPD on the NHS is extremely poor although some areas are improving services and therapy options, but the whole help in a crisis is unacceptable. How many times has someone in a BPD crisis been told 'Take a bath to relax!'

Mansonfan72

Rockingbilly, what a complete knobhead you are. Kicking people when they are down is pretty pathetic. If you have ever experienced those tribunal hearings then you should know just how degrading, humiliating and !!!!!! they can be for the large majority of people. Idiot.

poppy12345

Did you make your account to comment on a thread that's 17 months old? The person in question doesn't even post on the forums anymore.

Ames

poppy12345 wrote: »

Did you make your account to comment on a thread that's 17 months old? The person in question doesn't even post on the forums anymore.

At least, not under that name...

Missy-D1956

rockingbilly wrote: »

I'm sorry for what has happened, but telling the DWP and ATOS that you flouted the rules for whatever reason was not the wisest of moves.
To be honest I have had many assessments in my time both for ESA and DLA and not one of them was recorded. Personally I just couldn't be ars*d. My attitude is that if the DWP or the assessor want to make up stories about what I say or don't say, the place to argue it is at a Tribunal. Your evidence would be given as much weight as any DWP assessment does without the need for this cloak and dagger stuff.
As for why these rules exist and why they are different for ESA & PIP only those people at the DWP know that answer.
What you have to remember that these assessments are nothing but opinion and conjecture. They are about on the same level legally as what my neighbours opinions of me are.

It makes me mad that they fabricate what you say
Recording it to their specifications is not possible as the equipment is sooo expensive
RECORD RECORD RECORD and complain also Brian Pepper is in charge of these duplicitous HCP's
A friend was told by the HCP I can see your in pain so I wont ask you to get on the bed and within the report she claims he declined ???
They lie its leaves room for ambiguity so RECORD and go to your MP and tell them they lied

GET THE FACTS OUT THERE

poppy12345

Missy-D1956 wrote: »

It makes me mad that they fabricate what you say
Recording it to their specifications is not possible as the equipment is sooo expensive
RECORD RECORD RECORD and complain also Brian Pepper is in charge of these duplicitous HCP's
A friend was told by the HCP I can see your in pain so I wont ask you to get on the bed and within the report she claims he declined ???
They lie its leaves room for ambiguity so RECORD and go to your MP and tell them they lied

GET THE FACTS OUT THERE

You can't record an assessment without permission and using the correct CD/tape recorders. Recording without permission and being caught would highly likely lead to you being refused that benefit.

calcotti

Missy-D1956 wrote: »

It makes me mad that they fabricate what you say
Recording it to their specifications is not possible as the equipment is sooo expensive
RECORD RECORD RECORD and complain also Brian Pepper is in charge of these duplicitous HCP's
A friend was told by the HCP I can see your in pain so I wont ask you to get on the bed and within the report she claims he declined ???
They lie its leaves room for ambiguity so RECORD and go to your MP and tell them they lied

GET THE FACTS OUT THERE

Not sure why you’ve chosen to tack this comment on the end of a 7 month old thread.

sportsarb

calcotti wrote: »

Not sure why you’ve chosen to tack this comment on the end of a 7 month old thread.

It’s actually 2 years old, and been needlessly bumped, on two completely separate occasions. It’s actually pretty impressive that people managed to do this.

calcotti

sportsarb wrote: »

It’s actually pretty impressive that people managed to do this.

In a perverse way I suppose it is.

Messed_Up_Kelly_2

Messed_Up_Kelly wrote: »

I wanted to share my experiences...

I won't quote it all. I'm surprised to see this thread reappear and I am the original OP - can't remember my original login details, sorry.

This was TWO years ago... So much has happened since I wrote this post.

I didn't reapply for PIP after the tribunal as I couldn't put myself through it all again, especially with little help available.

My mental health declined over the months and I did try to end my life less than 6 months later. I tried to get help in the weeks before but the mental health trust screwed up and forgot to do an urgent referral - that's another story...

Clearly I survived and woke up in ICU, again the follow up care was lacking. I did eventually apply for PIP again and my ATOS assessment was much fairer and I did not record it. However, I didn't get enough points, but points awarded at the tribunal were not awarded so I appealed with an MR.

This was refused and I braved going for tribunal again. Court papers logged the DWP then changed their mind after an internal review and then awarded me PIP, standard rate for both daily living and mobility.

Sadly I'm due another review towards the end of this year but I don't plan on putting myself through it again. I can't face it for a third time.

I did not record the assessment in order to use it, I did it because my memory is poor and I wanted to listen to the recording to make notes or for reference if I needed to appeal. I appreciate it was not official but as I said before the DWP make it difficult to record assessments legally. The only reason I admitted to recording it was because of the lies the ATOS HCP said in my assessment report. I should also add the tribunal panel didn't refuse it, they did try to listen but claimed they couldn't hear the recording clear enough - you could with earphones.

17 months after my suicide attempt I still don't have mental health support. Only last week I overdosed and I have again been referred to the CMHT. There is still no crisis support unless you are a service user with the mental health trust.

I've not really come to terms with surviving the suicide and frequently experience flashbacks of my dad and friend looking over me in ICU. Most days I wish I was dead.

I am a calm caring person who often puts others first. I'm never abusive or rude to staff and will engage with services if they are offered. I'm slowly reaching a point where I know I can't carry on like this and for once I'm thinking about putting myself first over others. When your alone, isolated and depressed sometimes the thought of dying and ending the misery I am in gives some relief that one day I might be free of being this way.