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Won appeal but DWP say may be appealing tribunal decision

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Comments

  • Rosie2017
    Rosie2017 Community member Posts: 49 Courageous
    They can only appeal if there is an ' error in law' and as you have a judge at the Tribunal this is pretty unlikely, although I know from experience that this will not stop you worrying. They can't appeal because you have said something and they don't agree with it e.g. you say you can't wash your own hair and they think you can.  So they are just using delaying tactics at the expense of our mental health. 
  • bubbler
    bubbler Community member Posts: 10 Listener
    This way they can say the benifits bill is going down as for any given time there's someone on a sanction or on a appeal and when your on a sanction or on no money your not classed as being on benifits, seen it on a tv program. My solicitor says not to worry but not easy when your debts are piling up. If I have the energy I'll take my solicitors advice and take them to court and make sure the media know that it's possible to play at their game.
  • SusieD
    SusieD Community member Posts: 15 Connected
    It is my contention that stopping the shift from DLA to PIP has cost the taxpayer a great deal more. Having spot assessments of illnesses not immediately visible to a nurse, ME, MS, Parkinson's, MND and many mental illnesses, is inadequate. When Penny Mordant was Secretary of State for Work and Pensions she told parliament as much in her speech. I hope her replacement in that job has been handed the same evidence.

    Suicides by train have increased, 800 up to August this year, I heard, and more than half had had that PIP from DLA refusal letter. Network Rail have raised the height of parapets on bridges over their railways to 6 ft and higher with specially designed slippery triangular toppings that only a pole vaulter could get over. When asked railwaymen tell you this is because disabled people cannot do pole vaulting. Other measures have been undertaken along all tracks and platforms to reduce the effect on travellers after such an event. 
  • bubbler
    bubbler Community member Posts: 10 Listener
    But government denied that the suicides have been due to benifit cuts. How much is it costing the tax payer to pay for Atos to fail us then first appeal to fail us then tribunal to pass us then some idiot to try and tell the courts they ain't doing their job right? Why not assess people With a consultant or doctor trained in that field like they have in the tribunal instead? That would save millions  and more importantly not making people feel like they're lying. A friend of mine was failed despite the fact she still has cancer and now thanks to having to fight for her rights she now is too anxious to even leave her house and has stopped contact with everyone. I'm almost in her shoes right now. If everyone took them to court I'm pretty sure compensation claims would go through the roof, I know some have and won.
  • mobbba
    mobbba Community member Posts: 34 Connected
    edited March 2018
    Hi..if anyone can help....My appeal is tomorrow .,Feeling so distressed. My advocate has emailed me.  I understand the bit where I have to answer the panels questions, but what does it mean where my case is on paper?  I am attending.  Could anyone explain for me please:

    ''You also need to understand that we can prep you before the hearing but cannot speak for you, you have to answer the questions and we are not allowed to interrupt as panel have to hear it as you see it and live it not us. We get to ask questions at the end and often a little at first however we will be presenting your case on paper mostly and really it is not essential that we are there as all arguments are on the submissions we send and discuss in advance''


  • SusieD
    SusieD Community member Posts: 15 Connected
    They will tell you who they are and you signal to the person with you to write to it down, handing them pen and pad of paper you brought along with your file of papers and placed on the table. Then you can ask which of them is a specialist in your medical condition and look at each it turn. They will say nothing, none are, the judge will tell you what qualifications they do have and you nod and look down.
    They have your written reports and words and say if they have read them. Then they ask you quetsions. You ask them to repeat them or explain the question, what do they wnat to know, as often as you can, then answer slowly and thoughtfully. If you don't have any way of knowing the answer say so. Like, have you lost weight? If you have not been weighed recently you have no way of knowing and say so.
    Answer questions about what you can do in terms of how many days of the week, how often in a year because they have a rule of 50% of the days of the year and know they have to abide by that assess on that basis. Explain why you can't do things in terms of what happens if you try, what the risks are. You have done risk assessment, of course your disability means you do it all the time. Risk and safety.

    That goes on for around 40 minutes, you feel like you have been grilled. Then they ask if there is anything you would like to say to them.
    Even if you had something written down you won't be able to find it or speak by then but do try if you can.
    They are watching your body language, it is disconcerting but that is their job.
    Then they ask you to leave and they will call you back when they have finished their deliberations. 
    So you go back to the waiting room and try to have a slurp of water and rest. You finally get called back and there are sheets of paper on the table, that is the judgement. Ask them what it says as you peer at the papers, still tired and wobbly.
    They tell you.
    You pick up the papers and keep them safe and leave.
    Go home. Have a tot of single malt whisky, followed by a cup of tea and rest for two weeks.

    This is the only court in the world where you are not allowed to have an advocate speak for you. Do not try to speak differently than you normally do. Mine asked, can you speak up? I thought about it, no, I don't have the energy to do that.
    Do not say sorry. It is not your fault.

  • mobbba
    mobbba Community member Posts: 34 Connected
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi mobbba

    This is fairly standard. The submission that you or your advocate sent to the tribunal sets out in detail your case and why you are challenging the decision. The panel will have read this paper submission before the hearing begins. The panel will then only need you to clarify any points that are not clear to them and the only person that can answer with any authority is you. If your advocate thinks that something has been left out or overlooked then they will be allowed to ask questions before the decision is made

    CR
    Be all you can be, make  every day count. Namaste
  • Rosie2017
    Rosie2017 Community member Posts: 49 Courageous
    Just an update on my Esa assessment. I sent off the completed form and had my assessment on 22 January. I was allowed a taxi to take me as I had a letter from my GP recommending a taxi. Incidentally the DWP now has a contract with a taxi firm so they arrange the taxi. My appointment was for 11.30 and I got there at 11.00. Appointments were running late so by 11.50 I was getting very anxious. My friend asked how long I would have to wait and was told not long. I got called in at 12.00and was out again at 12.12!! I was asked two questions which I could have answered over the phone. They said someone would ring me in 2 weeks. It seemed all very strange to me. I received a letter 3 weeks later to say I had been transferred to the support group. Obviously I am very happy about that but they paid £40.00 for a taxi for me to be there for 12 minutes to answer 2 questions !!. I hope this means no more ESA assessments for me but only time will tell.
  • SusieD
    SusieD Community member Posts: 15 Connected
     They need to see that you are a real person, not a fake name made up by fraudsters. And they need to see how anxious you can get. Nasty but necessary, there are probably whole organisations hell bent on defrauding the DWP.
    What does "transferred to a support group" amount to for you?
  • kami24
    kami24 Community member Posts: 402 Pioneering
    Cant believe the Dwp puts the most vulnerable in society through all this. it's not so bad for rich individuals claiming but poor in society living alone especially who have only benefits to live on it is totally unacceptable
  • jackiedflz
    jackiedflz Community member Posts: 5 Listener
    My son is 16 has autism and going through appeal for pip as he scored 0 points on the reconsideration the trouble is he doesnt communicate so how is he going to answer the questions at the appeal.
  • Bigbob
    Bigbob Community member Posts: 1 Listener
    Sorry to revive an old post I’m going through same thing and I can’t take any more if i have to do it again I’m having to go back to my psychologist as I’m getting to stage I don’t want to live any more with all that’s going on in my life at the moment
  • Deb_Alumni
    Deb_Alumni Scope alumni Posts: 180 Pioneering

    Hello @Bigbob

    It is nice to see you back on our community, we are sorry that you are reviving an old post as you are a member of our community and we appreciate you.

    Your most recent post is sharing your thoughts of not wanting to live any more. It is important that you discuss these feelings with someone who is qualified to help. Please call the Samaritans on 116 123 (free) or email them at jo@samaritans.org

    You might also benefit from reading MIND’s information on how you can help yourself:

    http://www.mind.org.uk/information-support/types-of-mental-health-problems/suicidal-feelings/how-can-i-help-myself/

    If you feel that you may be an immediate danger to yourself, please call 999 or go to your local hospital right away.

    Sincerely,

    Debbie 

    Scope Community
    Debbie
    Online Community Manager

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