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TOPIC: Upcoming Tribunal, HELPPPPPPPPPPPPPPP 23/06/10

Upcoming Tribunal, HELPPPPPPPPPPPPPPP 23/06/10 9 years 5 months ago #20356

Hi
Help needed, do I send my reasoning against my medical (last Sept), up to a week before, or do I listen to my rep who said they won't read all 22 pages!!!!!!
Please help, I am at my wits end and don't know which way to turn. Needless to say there were so many discrepancies in the medical report, that it took 3 months to answer on paper and now I feel all that hard work was for nothing. When the medical doctor stated that i had no difficulty picking up my handbag and putting on my glasses, i blew a fuse. WHY? because I deliberately did not take my bag or glasses as I didn't drive, my mother drove and she also didn't have a bag!!! He also refused a copy of the report, even when i handed the BWO letter requesting it, he refused to take the letter!!
Please someone answer, can't sleep or eat.
The Crock

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Re:Upcoming Tribunal, HELPPPPPPPPPPPPPPP 23/06/10 9 years 5 months ago #20360

Hi,

As a former Social Security Tribunal Member, I can assure you that all the tribunal members WILL read everything.

Tribunal members are sent all papers around 2-3 weeks before the date of the hearing in order that they can read through the case papers thoroughly before the day of the appeal.

A failure to do so would be an 'error of law' and in most cases would be appealable to the Upper Tribunal, formerly called Social Security Commissioners.

Hope this helps.

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Upcoming Tribunal, HELPPPPPPPPPPPPPPP 23/06/10 9 years 5 months ago #20852

  • Jenikay
I sent 4 pages highlighting every error and contradiction on the ATOS medical report. My rep. did a one page summary outlining the information on those pages and sent it to them 7 days beforehand. Hope this helps. Jenny

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Re:Upcoming Tribunal, HELPPPPPPPPPPPPPPP 23/06/10 9 years 5 months ago #20856

  • kathy1
Hi,

Definatley, Definatley, Definatley

Send details of your dispute with the EMP report as soon as possible. I had a tribunal in May and i had sent details of my dispute with EMP report in April.

I can assure you that the tribunal members had read every single bit of writen evidence I sent. I knew this from their questions.

I won my tribunal unanimous, and i can tell you better than that, they had read all the evidence from my last tribunal April '09 as well, which I lost. i didnt bring any of this to their attention, but obviously they would have been aware that i had previously lost a tribunal.

The reason i would advise you to send written evidence or disputes in advance is really that the panel members can bear what you say in mind. BUT, the actual tribunal hearing is more the members asking you questions relating to your condition and your application form.

To me, it felt like completing a new DLA form verbally in front of 3 people who were able to assess that I knew my condition, knew how I was affected and knew that my explainations were reasonable and honest.

So even though my EMP report stated could walk 100 mtrs before the onset of severe discomfort, simply by me explaining how I am affected by walking, the panel agreed with me against the EMP report that the distance I am able to walk without severe discomfort is a lot less than that.

Hope this helps

Kathy x

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