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Received Appeal Papers Today!!

Hi Everyone

Well back in September I went to have a medical done because I was claiming IB due to depression, I failed only got 9 points and I needed 10 points to pass. I appealed against the decision, well today I have received the papers, not really sure of what to do , because you can either have an oral hearing, or a paper hearing.

Has anyone on here have been through this , and passed on a paper hearing?or passed on any hearing ?

Many Thanks

ajb135
«1

Comments

  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    I would always suggest going for a oral hearing tbh.
    Hit the snitch button!
    member #1 of the official warning clique.
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  • Yes always go for the oral hearing far more chance of a positive outcome. You should start to gather supporting evidence now for your appeal. A letter from your GP stating how Depression affects you, and also supporting letter from your CPN or counsellor.
    You need to get the appeal form off as soon as possible as I think you only have 28 days to request the appeal. You dont have to wait until you have your supporting evidence before requesting an oral appeal hearing.
    You can send a covering letter with your appeal request stating that you are gathering more evidence.

    Good Luck
    :j I have a persecution complex. Everytime I pass a shoe shop they persecute me till I buy them:j
  • KxMx
    KxMx Posts: 11,306 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's 14 days to get your appeal form back!
    I've just been through all this myself. I went for an oral hearing and I won! I needed 12 more points as well, as you only need 1 more then I think you stand a pretty good chance of success.
    It's a good idea to go through your appeal papers, note down inconsistentcies, errors etc and anything you don't agree with, pay special attention to your Dr report.
    The CAB were a great help to me, they are well worth a visit!
  • AJB135
    AJB135 Posts: 100 Forumite
    Hi Everyone

    Many Thanks for those that have replied to my post, well I managed to get an appointment with CAB for tomorrow afternoon, thankgoodness.

    Today I was looking through the paperwork I have been given and I am not too pleased, like for instance, they asked the question quote (Can he or she answer the telephone and reliably take a message, they put yes). They did ask questions if I had a mobile phone in the medical etc etc, well I only phone and text family members people who I know , and have restricted the phone to accept calls from people who I know. That is totally different , to answering the phone to strangers or anyone even if you don't know who it is., So I think the answer should be no to this one.

    I answered in my IB50 I don't answer the phone, I always get other people to answer it for me, I need to know who is ringing and what they want before I will consider answering it, as I get so anxious and nervous even if it is a member who is on the phone I find it hard to strike up a conversation and I always pass the phone to someone else. If I have to take a message, i have to write down the message otherwise I will forget.

    Also another question uder the Daily Living section quote(Is he or she frequently distressed at some time of the day due to fluctuation of mood?, they put no) I feel that this is wrong and should be yes. In the IB50 I stated that When someone knocks on the door I have panic attacks. Well my mood has fluctuated hasn't it, also don't you think it is a similar question that is being asked down below?

    Another question under the Coping With Pressure section quote ( Does he or she frequently feel scared or panicky for no obvious reason? they put yes, I did get the points for this one, also under this section they quote (Is he or she able to cope with changes in daily routine? )they put yes . I suppose that is the correct , but they stated on my records under this section that I am quote Not upset by having to come here today? WHAT !!!! of course I was upset, nervouse totally dreading the whole thing, kept moving my hands, heart beating fast etc etc. and they kept me waiting for at least 30 minutes or so. I don't know where they get this idea from , beats me.

    I have know got to choose between the oral and paper hearings, I know I should go for a oral hearing and get my point of view across. I just don't know what to do.

    Nevermind sorry for all of that.

    ajb135

  • I was told by the lady who dealt with my case from Welfare Rights that you have a better chance of winning an appeal with an oral hearing. If you get help from the welfare rights people, the person dealing with your case will attend the hearing with you.
  • LadyMorticia
    LadyMorticia Posts: 19,899 Forumite
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    I'm not sure about appeals and things because I've never had to have one, thankfully.

    What I do know is that with these medical examinations they try and catch you out by repeating the same question but rephrasing it.
    When I went for mine the doctor asked "Do you cry frequently" then later on he asked "Do you cry a lot?". I think it's to catch people out who are playing the system.

    Seeing as you only need one point, I'd say that the appeal should be successful. :)

    Good luck. *hugs*

    xx
    2019 Wins
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  • jules_2
    jules_2 Posts: 541 Forumite
    I had the same problem as you - I went for a paper hearing as my panic attacks and anxiety prevented me from travelling to the hearing. I just wrote a letter to the appeal board to put my feelinga across. I won the appeal. This morning I got a letter saying I need to go for another medical exam - I am very worried the same thing is going to happen so I totally empathise with you - sending a big hug :)
  • AJB135
    AJB135 Posts: 100 Forumite
    Hi

    My appeal date is to be held on the 5th March , I am getting so nervouse about the whole thing, doesn't help my partner has got a job now and doesn't think he can get the time off to go with me :eek::eek:. I deffinitely can't go on my own. I am just not looking forward to it at, in my mind there is a lot of ifs and buts at the moment.

    I don't know what I am going to do if they find that I am fit for work, as I get upset of the slightest thing and cry. Hopeless on the phone as I forget what has been said and I like to know who is on the phone beforehand and to know what it is about, before I will answer.

    I don't know :cry::cry:
  • lil_me
    lil_me Posts: 13,186 Forumite
    10,000 Posts Combo Breaker
    Welfare rights officer would probably be able to attend with you, get someone to give them a call for you. Another alternative would be your support worker, I know several with MH issues who have been supported by their MH nurse at appeals.
    One day I might be more organised...........:confused:
    GC: £200
    Slinkies target 2018 - another 70lb off (half way to what the NHS says) so far 25lb
  • my mum is having the same prob again....other year she missed out by 1 point and as she didnt know what to do so she went to local CAB...she says the guy there was great and went with her to the hearing and she won....again just last week she has had to appeal as they have not put down things she answered....dont see the point in medicals as it seems the docs dont listen and put down anything for you.
    :)
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