i'm so sorry googlybear sorry i can't give you any advice as i'm totally clueless but it sounds to me that they set you up to fail from the start of you're hearing goodluck to you with whatever it is you can do now
i'm so sorry googlybear sorry i can't give you any advice as i'm totally clueless but it sounds to me that they set you up to fail from the start of you're hearing goodluck to you with whatever it is you can do now
Out of interest, where was the tribunal held?
The hearing was at Edinburgh.
I've already identified possible grounds for appeal, i'll know more when i receive the statement of reasons.
I just dunno how someone who can't even get past the front door half the time can fail... I'll be asking my representative that too, but i don't think i want him anywhere near any future processes. And here's me always telling everyone to go the their local welfare rights officer.
Scunnered :-(
Illegitimi non carborundum
sad news but its not over yet !!!!!!!!!! what you need to do of course is find different expert advise that might do a better job as you have found the quality of expert help variesOriginally Posted by googlybear
then you need to go through everything with a fine tooth combe and see where the fight back will come from as you have two ways to attack this.
one appeal to upper tribunal or if you can a new claim
My representative called me yesterday, said he was "disgusted" at the decision. Says he's gonna get the Statement of Reasons (i've already applied for that).
He asked me if i have any other conditions that i haven't yet disclosed, so that i could make a fresh claim. I don't, i declared everything from the outset.
He then asked me if any have deteriorated since my medical, i told him that i am on a permanent downhill slide, but i'd be lying if i said any had deteriorated significantly since. He then asked me to go to my doctor and say that i have had a deterioration. FFS.
I've been nothing but open and honest from the start, and made to feel like a criminal on trial.
I'm sorely tempted to write to IDS with a single question, "Do you think it is right that someone should be found fit for work when they cannot get past their front door half of the time?" Do you think he would even bother to reply?
Not in a good place right now...
Illegitimi non carborundum
Good luck with that CardiffLady, i've been to enough Tribunals to know that they're not all like this, this is the worst i've seen by a country mile.
I'm half expecting my Statement of Reasons to say something like "didn't believe a word he said", and the more i think about it, the more i'm thinking they had already made their mind up before i stepped into the room.
It's been quite a few years since i last had to attend a Tribunal, and they seem to have changed since then. There was no upper tier, if a claimant lost at this stage, then finding an error in law meant that a further appeal would be made to a Commissioner.
Also, AIUI, the panel made up of a legal member and medical member had equal status on the panel, as opposed to the legal member being the Tribunal Judge. This was a jumped up little solicitor who was obviously enjoying her new found power as a judge. I've been thinking if there could be any way of making a complaint about her, but legally speaking, i reckon this would be almost impossible, since it is effectively her court. She did point that out too.
BTW CardiffLady, you have a nice eye ;-)
Illegitimi non carborundum
This is the time you need to step back and think very hard, why did they not belive me because that woman as bad as you found her would have heard other cases before and after yours where she found in favour of the person appealing
find a good friend you trust and ask them to be very hard with you, ask them to look at your case and come up with a case for not letting you win.
if you cant find someone do it yourself
use the dcsion makers guide the dwp a to z of medical problems
see what you missed putting in your case
you know for example something you cant manage, but look up that problem in the a to z and 99% can manage it, did you put a good case as to why your different ?
Where would i be able to find that?
Illegitimi non carborundum
found it through google... it'll take some reading, especially when one of my major conditions has no mention there!!!
http://www.dwp.gov.uk/publications/s...al-conditions/
Illegitimi non carborundum
if not listed use NHS website stay away from web sites run as self help as the idea is to play devils advocate
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