Is paper based appeal a waste of time?

[hughie1]

I submitted an appeal yesterday. It's been two years since I failed the assessment. I've had no benefits since. I feel all but done with all. I do not like the thought of waiting 5-7 months for oral appeal hearing. It's like I just want this done with. I don't think I can face oral hearing. My condition is severe ocd. I also have bad anxiety, social anxiety, depression. But none of those count as they're not the conditions I was claiming for, plus ice not had official diagnosis.

My OCD is just too hard to explain face to face. And the medics assessment and hcp report has put mw right off face to face style interview. I'm worried I won't be able to explain self properly, won't be able to answer questions, will cone across as fine (99% of my OCD is mental/invisible).

For these reasons, I chose paper based.

I did write what I believed was a compelling 9 page mandatory reconsideration report on my, how it affects me, how it relates to the assessment descriptors, etc. That did nit sway the dwp, of course. But will the trubunal see this? Will I have chance to write more about my condition? Not that I'd look forward to that as it took ne a whole year to write my mandatory reconsideration.

[noisynoodle]

There's usually a higher success rate at appeal if you appear in person as the tribunal will have the chance to see you as you are and can clarify anything they need to with you. If you decide to go for paper-based, remember to back up what you are saying with medical evidence (that was relevant at the time of the failed assessment) wherever possible as that will give you the best chance of a successful outcome.

[hughie1]

There's usually a higher success rate at appeal if you appear in person as the tribunal will have the chance to see you as you are and can clarify anything they need to with you. If you decide to go for paper-based, remember to back up what you are saying with medical evidence (that was relevant at the time of the failed assessment) wherever possible as that will give you the best chance of a successful outcome.

I have no medical evidence. My condition is ocd. The year before I was declared fit for work I was getting treatment for my OCD so I had this as evidence. The next medical assessment I was not getting treatment at this point. I was just living and dealing with it on my own (the 20 week treatment did not work). I was on medication and would go see gp often to make sure I was on right dosage. Is that evidence?

[noisynoodle]

Ask your GP for a letter confirming your diagnosis, treatment and length of time you've had the condition and use that as evidence.

[nukecad]

The year before I was declared fit for work I was getting treatment for my OCD so I had this as evidence. The next medical assessment I was not getting treatment...

Just a check here Hughie,

You have only previously mentioned being found fit for work in July 2016, sending a late MR in July 2017, which has only just been answered and you are now appealing that MR.

Are you now telling us that you have had another Work Capability Assessment since the one in 2016?
If so then it could change things, maybe considerably.

[hughie1]

Just a check here Hughie,

You have only previously mentioned being found fit for work in July 2016, sending a late MR in July 2017, which has only just been answered and you are now appealing that MR.

Are you now telling us that you have had another Work Capability Assessment since the one in 2016?
If so then it could change things, maybe considerably.

Sorry for not explaining myself more clearly. No the last assessment was the one in july 2016. What I meant was, the medics assessment before that when I was put on esa (I.e not fit for work) I was receiving treatment around the time. But the one in July 16, the last one, I was not.

[nukecad]

That's still relevent information.

You hadn't said previously that it was a REASSESSMENT that found you fit for work

OK it can be hard to decide what is relevent or not, but something like that is pretty basic

When you were getting ESA which group were you in?

It probably wont affect advice already given but may do.

[hughie1]

That's still relevent information.

You hadn't said previously that it was a REASSESSMENT that found you fit for work

OK it can be hard to decide what is relevent or not, but something like that is pretty basic

When you were getting ESA which group were you in?

It probably wont affect advice already given but may do.

Sorry, yes a reassessment. Does this change things? You mean to say that the treatment i was receiving around a year before the 2016 i would add in to support my case?

I was in the support group.

[googlybear]

You mean to say that the treatment i was receiving around a year before the 2016 i would add in to support my case?

Any medical evidence from before the time of assessment would be useful to your case.

I also worry about your statement in comment #3, that you have no medical evidence, and your comment in #1 that you have no diagnosis. Unfortunately, it's simply not good enough to say that you should be awarded the benefit because the decision against you was wrong, you have to be able to show that it is wrong and why. Although having medical evidence and diagnoses aren't necessarily needed, it would be difficult to build a case without them. If, say, the HCP said in their report that there are no medical issues, it's up to you to show there are, and how they affect your ability to work. Making statements to that effect is one thing, but if GPs or consultants can make such statements about you then their professional opinions should carry more weight.

I have to warn you that a paper based hearing doesn't offer you the opportunity to state your case, over and above whatever you submit in writing. Once you make your written submissions, you won't be able to answer any questions the panel feel still need answering. In short, if your submissions aren't comprehensive, you might struggle to win your case.
Also, there is no automatic right to an oral hearing if your paper hearing is unsuccessful, it's not simply a 'next stage' to go up one level. To get an oral hearing after an unsuccessful paper hearing, you would need to demonstrate that the panel applied the law wrong.

There are a couple of things i suggest you do ASAP...
1. Contact your local welfare rights advisor to ask for help in making your appeal. When presenting an appeal, legal factors can be at play as much as medical factors, and if you are not legally minded, you could easily find yourself out of your depth.
2. See your GP about reaching a diagnosis for your condition. I presume you will have been supplying the DWP with sick notes or fit notes in time between being assessed and the appeal. Your GP should at least have some knowledge of your condition, even if you don't have a diagnosis. Some practices may allow you to copy some of your medical history to provide to a tribunal, but many practices will charge a fee for this. Any evidence at all is better than not providing any.

[hughie1]

Any medical evidence from before the time of assessment would be useful to your case.

I also worry about your statement in comment #3, that you have no medical evidence, and your comment in #1 that you have no diagnosis. Unfortunately, it's simply not good enough to say that you should be awarded the benefit because the decision against you was wrong, you have to be able to show that it is wrong and why. Although having medical evidence and diagnoses aren't necessarily needed, it would be difficult to build a case without them. If, say, the HCP said in their report that there are no medical issues, it's up to you to show there are, and how they affect your ability to work. Making statements to that effect is one thing, but if GPs or consultants can make such statements about you then their professional opinions should carry more weight.

I have to warn you that a paper based hearing doesn't offer you the opportunity to state your case, over and above whatever you submit in writing. Once you make your written submissions, you won't be able to answer any questions the panel feel still need answering. In short, if your submissions aren't comprehensive, you might struggle to win your case.
Also, there is no automatic right to an oral hearing if your paper hearing is unsuccessful, it's not simply a 'next stage' to go up one level. To get an oral hearing after an unsuccessful paper hearing, you would need to demonstrate that the panel applied the law wrong.

There are a couple of things i suggest you do ASAP...
1. Contact your local welfare rights advisor to ask for help in making your appeal. When presenting an appeal, legal factors can be at play as much as medical factors, and if you are not legally minded, you could easily find yourself out of your depth.
2. See your GP about reaching a diagnosis for your condition. I presume you will have been supplying the DWP with sick notes or fit notes in time between being assessed and the appeal. Your GP should at least have some knowledge of your condition, even if you don't have a diagnosis. Some practices may allow you to copy some of your medical history to provide to a tribunal, but many practices will charge a fee for this. Any evidence at all is better than not providing any.

I do believe I have an official diagnosis of my OCD. My gp is well aware of it. And it was they who forwarded me to mental health treatment.