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TOPIC: Todays tribunals

Todays tribunals 8 years 5 months ago #56586

  • John
Well I had my appeals today for ESA and DLA.

They did not change my ESA but left me in the WRAG which I had appealed against. I am now in the support group anyway after my last review but I should have been from the start but they disagreed.

The DLA decision is no mobility and low rate care. I find this quite a bizarre result to get low rate care but nothing else.

The dr in the tribunal was an absolute nightmare, I spent about 90 minutes in there and then waited a further 20 or so for the decision. Not a day I wish to repeat.

I shall ask for a statement of reasons and see what happens from there if I can be bothered taking it further if there is good reason.

John

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Re:Todays tribunals 8 years 5 months ago #56635

The Doctor at my appeal was a hard taskmaster. He completely ignored the evidence from my GP, Consultant and Atos doctor when all three agreed with each other over my mobility . ( yes ! an atos doctor agreed with my GP & consultant and I wasn't dreaming -lol !

He kept pressing me about a condition I didn't even state on the DLA application, let alone mention at the appeal. The chairman appeared to hang onto every word the doctor said and the disability spokesperson seemed hesitant to question me on anything the doctor discussed.

From that day to this I've accepted my face don't fit DLA appeals and have, and never will apply for DLA again. I would rather keep my dignity than go through another appeal like that.

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Re:Todays tribunals 8 years 5 months ago #56695

  • Andy
John, Doris

So sorry to hear that you have been intimidated by crap tribunal doctors.

I think this shows how important it is to take someone with you who will speak up for you. There's some great advice in the Benefits&Work ESA Appeals guide, including asking that things be noted down in the tribunal records. So if you feel that the doctor is asking about a condition not relevant to your claim, you might ask for it to be noted that "Although I have explained why XYZ is not relevant, the doctor is continuing to ask about it". This means there's stuff in the record if you want to appeal to the Upper Tribunal.

Don't let the buggers grind you down! (Easier said than done, I know.)

Andy.

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Re:Todays tribunals 8 years 5 months ago #56702

  • John
Doris my tribunal was similar to how you say. The Dr quizzed me for about 45 minutes, ignored all evidence that was corrobarated by my gp consultant and Atos dr and just went for the jugular on minor things that were not....it was rediculous and as for being fair & impartial well this guy was niether.

I ended up a little bit losing my temper at one point and raised my voice at him which I regret. He said to me "you don't look to be in much pain or discomfort sitting there today" well this is one of my main gripes...assumption!!!! I asked him was he one of these magic dr's that can see pain and discomfort just by looking...I think I was right but wish I would have not raised my voice or said it the way I did.

Just so sorry I could not portray a more positive image for others but at the end of the day it was IMHO an independent Dr (who works for Atos) that scuppered my tribunal. Just sour grapes?? Maybe it is but this seemed to be a mission for him from the outset.

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Re:Todays tribunals 8 years 5 months ago #56996

Sounds very similar to my experience John.

I'm pretty submissive in life, so I never react in situations like these. I could have gone to the upper tribunal on the basis the evidence was not considered on balance. When three doctors including atos concur in agreement, then I'm pretty sure there is a case for the upper tribunal. So it might be worth you getting a statement of reasons and consider going further.

For my part, I decided to throw the towel in with the circus called DLA and just concentrate on my up and coming ESA.

I've personally got to know a person who sits on the local tribunals has the disabled member, and they've told me some horror stories about strong willed and opinionated Doctors who sit on the panels - and yes many do carry out EMP's for ATOS. My own GP carries out EMP's for ATOS and I often have problems obtaining supporting evidence from the practice.

I had to have one appeal adjourned because my GP was on the panel !

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Re:Todays tribunals 8 years 5 months ago #57008

The fact that doctors acting for ATOS as EMP's and also appearing at appeals is fundamentaly wrong. In such a situation the appeals process is not truly independent as the doctor involved has obviously been influenced by the "other side"
I think that somewhere behind the scenes government are indeed "pulling the strings" Dont underestimate them.

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