Appeal postponed for extra evidence - Help Needed!

Hi Gary,

Thanks for the reply.

Yes the tribunal was by phone last week, after asking her a few questions they postponed to gain more evidence.

Yes we could say that is the reason why we have changed direction.

For the MR stage when we were just concentrating on the mobility descriptor, we used the guides and did a very thorough document detailing how she met the moving around descriptor, complete with supporting letters from her specialist, partner and brother.

The extra evidence added to HMCTS by the CAB was a document that went through the medical assessment report from ATOS that she had and points out the incorrect information and the problems she has. Then the last line is the descriptor they thought she fits.

For example this is one of the sections from the CAB document...
Preparing Food
The medical assessors report states that I can use aids reliably because I have good strength in my legs. That's odd. I wouldn't use my legs to prepare vegetables for instance. I do have reduced grip, as the Musculoskeletal oberservations showed. The nurse decided that I showed no signs of pain and was therefore not experiencing any, which is incorrect and ill-informed. I have had to learn to mask my pain to be socially acceptable and to prevent deepening depression. I am unable to prepare and cook food without having to stop frequently to recover from the pain and fatigue. I have to husband my energy for other activities which I cannot avoid or prefer to do.
I meet descriptor 1f: I cannot prepare and cook food.

I'm unsure if it shows how she fits the descriptor and so worried it doesn't help her case.
Each of the sections is of a similar length and detail.

I would be grateful for an opinion on it.
Does it do enough to show she meets this descriptor?
Does it help her case?

Thanks
Izzy

Hi
Thank you both for your replies.

Yes I completely understand that you cannot comment given that you don't know her exact circumstances.
Once I receive her medical letters I will bear in mind what you have said about if they support or contradict what has already been said.
Her condition is still stable and hasn't changed since the assessment, but I will make sure only to include evidence up until the point of the assessment.

I have always used the guides and the fantastic help on the forum to fill in my forms and always tackle each descriptor exactly as Gary has described. It's worked brilliantly for me so far.

Gordon you have put:
'The CAB argue that she cannot use any aids but it is not a natural conclusion of this that she cannot prepare and cook food, in fact, they offer no testimony in support of this conclusion at all unless they have written more than you have included in your post.'

I thought similar to you and Gary when I read it, and this is why I was looking for some advice.

What I typed is indeed all the CAB have written for this descriptor and this is similar for every other descriptor there is nothing to support the conclusions they came too.

Partly I wasn't completely sure that the conclusion I had come to about the CAB not offering anything to support the descriptor they had chosen was correct. But going on what you have both said I feel I was correct in thinking that.

And partly as the document had already been submitted to the tribunal and there was nothing I could do to change it I was hoping there might be a way of salvaging it somehow? Either by way of sending in extra evidence to support the conclusions the CAB came too or by preparing my sister in law for the likely questions the tribunal will ask about each descriptor.

Unfortunately she does not function well under these sort of stressful situations and her anxiety can cause her to just clam up and give minimal one word answers to questions. As her brother won't be able to prompt or elaborate on an answer for her at the tribunal, like he did at the medical assessment, I am just trying to prepare her as best I can and think of all possible things that could help...

Just a little unsure on the best approach or what to focus on, so I thought you guys might have some ideas/tips for preparing.

So far we have..

* Written some notes and highlighted relevant bits in the appeal bundle

* Done a few flash cards to remind her to explain her answers in full, not to use just yes/no answers, etc.

Is there anything else you could think of that we could do to help prepare her?

Any ideas would be very much appreciated
Thanks again
Izzy