Appealing against Incapacity Benefit ceasing

LadyMorticia

mcjordi I've PMed you.

mcjordi

thanks hun agree with first comment lol
yeah ive heard of it hun i thought it was called something else ah well now i know thanks

LadyMorticia

Lol.
It's a horrible thing to have. The stigma attached to it is horrendous.

kncowans

Hello all

I have just found this forum, wished I had found it earlier.

My Tribunal is tomorrow (Tuesday) because my Incapacity Benefit was stopped in January.

I had my medical in October of last year where the examiner either completely ignored what I, and my Mum told him or misrepresented what was said.

As an example I stated on the form I filled in prior to the medical and also during the medical that I could not answer the telephone or door, however when I got the paperwork for the tribunal the doctor had said that I could answer the phone and take a message.

I apparently only scored 4 points of the required 10 points for Mental Health, however, my GP, Psychiatrist and Psychologist have all provided letters for the Tribunal stating that I am unfit for work and suffer from severe depression as well as anxiety.

I can honestly say that I am extremely worried about attending the Tribunal tomorrow even though my Mum and also a representative from the Benefits Advisory and Tribunal Service are attending with me.

Does anyone have any advice (sorry about the short notice)

Thanks in advance

Kevin

Chrysalis

My experience of tribunals is very bad with both DLA and IB. In both cases as you may have guessed already they upheld the DWP decision but they didnt have the respect to tell me to my face and explain their reasons taking the easy way out of making the clerk tell me it will come in the post. If you do get turned down expect to have to really try to get a statement of reasons and also in the tribunal take all relevant evidence with you dont expect them to utilise what may have been provided before hand, in my experience they also seem to have no problem disregarding evidence as they see fit without explanation to justify the decision they make.

It won't be as bad for you with a representative attending they should at least be able to challenge them on legal points, I wasnt so lucky I was basically refused representation so had to attend on my own which I expect makes it much easier for the tribunal.

raypierre

Hi Chrysalis...they can't legally refuse you representation. You can challenge them on that point alone. your GP and/or the Citizens Advice Bureau can give you advice and represntation. With their help, they caved-in and my appeal was upheld without even a hearing. Never give up.

Kaida

I've had the same problems with the !!!!!! of a Dr lying blatantly on the form. I'm going to tribunal at some point, but I've asked for a domicillary hearing (I am agroraphobic and get panic attacks). They're due to decide whether they'll do a domicillary hearing on the 11th, so I'm on tenterhooks till then. I'm considering contacting my MP and Watchdog about the lying scoundrels. Anyone think that's a good idea?

Chrysalis

raypierre wrote: »

Hi Chrysalis...they can't legally refuse you representation. You can challenge them on that point alone. your GP and/or the Citizens Advice Bureau can give you advice and represntation. With their help, they caved-in and my appeal was upheld without even a hearing. Never give up.

Hi raypierre, the explanation I got was they have to cherry pick cases due to limited funding and those cases that are the hardest in other words grey area cases will get turned down. I did not have my GP backing (for my dla case).

Kaida I see no harm in writing to your mp, and I would change GP as well, which I decided to do as I wont see a GP who doesnt trust me.

Kaida

Chrysalis wrote: »

Kaida I see no harm in writing to your mp, and I would change GP as well, which I decided to do as I wont see a GP who doesnt trust me.

Actually my GP has told the DWP I have an anxiety disorder and depression, it's the stupid Dr they sent to do the PCA who lied.

donnalove

:mad:

Kaida wrote: »

I've had the same problems with the !!!!!! of a Dr lying blatantly on the form. I'm going to tribunal at some point, but I've asked for a domicillary hearing (I am agroraphobic and get panic attacks). They're due to decide whether they'll do a domicillary hearing on the 11th, so I'm on tenterhooks till then. I'm considering contacting my MP and Watchdog about the lying scoundrels. Anyone think that's a good idea?

well to be honest i really think this needs addressing as too many people like me are getting false reports and tribunals are basing there findings on the medical report even though u tell them its wrong they are blatently believing the medical dr who in my oppinion are not qualified enough.
I lost my appeal and ive also lost to the commisioner and to go judical review will cost too much so i have to give up on that score, but i am still chasing atos for satisfactory answers as to why these doctors can lie and get away with it as if we lied on government paper we would be done for fraud