Re:Tribunal tomorrow (Saturday)

Hi Roseleen

Tribunals are not permitted to carry out medical examinations at a hearing. If an examination is required they would need to adjourn and arrange for a healthcare professional to carry out an assessment at a later date.

I'm not sure where you got your 'back problem definition' from. If it is from a DWP resource you need to bear in mind that the the DWP is a party to the proceedings just like you. Tribunals are not bound to follow DWP advice but will exercise their own judgement and the medical member of the tribunal may take a different view. Most importantly they have to listen to what you have to say about the effect of your back problems on your care/mobility needs.

Best of luck and please let us know how you get on.

Derek

Mod edit: it appears that the OP's post has mysteriously disappeared!

Thank you for your reply Derek, it seems my post has disappeared in the problems encountered this morning so your response is doubly appreciated

I found the the info regarding spine issues not requiring care assistance on this site - it was in a document advising on different medical conditions discussing what each was, the care needed an he prognosis.

One of my concerns is that I will be seen as too independent - standing and walking any distance is unbelievably painful, but I have to walk to get to the loo... (ok on occasions I've crawled there) but how do you get that across to a tribunal. I would say it comes under the category "virtually" unable to walk but can anyone advise me on the right words or phrase?

Roseleen wrote:

Thank you for your reply Derek, it seems my post has disappeared in the problems encountered this morning so your response is doubly appreciated

I found the the info regarding spine issues not requiring care assistance on this site - it was in a document advising on different medical conditions discussing what each was, the care needed an he prognosis.

One of my concerns is that I will be seen as too independent - standing and walking any distance is unbelievably painful, but I have to walk to get to the loo... (ok on occasions I've crawled there) but how do you get that across to a tribunal. I would say it comes under the category "virtually" unable to walk but can anyone advise me on the right words or phrase?

Hi R,

Have a look at the DM Guide re Mobility DLA from this link. :

Page 37, 61251, onwards. :


www.dwp.gov.uk/docs/dmgch61.pdf

cheers

bro58

Well the tribunal has happened - but no result - I am to be notified by post.

I knew it was going to be tough... but the whole experience was extremely distressing. Criminals have more rights. I now know what a person on trial for the most heinous crime imaginable must feel. I came out of there feeling dirty, distressed and humiliated.

I will starve in the gutter before I go through another tribunal.

For example - I was recommended by my consultant to a pain clinic at the end of July and the chairman asked if it had helped. Now I am waiting for an appointment. I told him that I was waiting to attend (both my GP and I chased the appointment last week) but there was a waiting list. The Chairman laughed and said oh I don't believe that for a minute!

I also need a kytoplasty operation - which isn't available on the NHS... I was asked if I owned my house (which I do - on a mortgage) and the Chairman said I should remortgage my house to pay for it! (£18,000)

Still... you never know - I might get lucky and get a few quid - but I doubt it....

Hi Roseleen

I'm sorry to hear of your nightmare experience at the hearing.

Tribunals have an obligation to be polite and sensitive to an appellant at all times. If you feel you have not been treated with respect you may wish to consider making a complaint to Tribunals Service.

www.justice.gov.uk/global/complaints/hmcts/index.htm

Good luck with the decision.

Derek

Thanks for the link Derek - I'll bear it in mind. But to be honest I just want to walk away and not have to go through it again.

My best bet is to start a new claim (if the result is not positive) A lot of the fault lies with me - I have too much pride and hadn't told my GP in minute detail just how much care I did need - for example I feel that telling him that my hubby has to wipe my bottom is a step too far.

It seems that you have to tell the tribunal the most intimate details of your private life - and I'm really not comfortable with that.

Still... its made me realise just how flawed the system is and how strong and wonderful all the members of this site are. You all have my utmost respect for having the strength and guts to go through this and coming out the other side with your self respect in place.

Its appalling that we are treated this way!