DWP Tribunal

  Kevscar1 11:53 01 Dec 2010
Locked

Had to go this morning as Their Doctor had said I was fit to work despite me explaining everything to her. Had expected to have to face her and fight because she hadn't put down half the things I had told her. Scared at having to leave the house especially with all the ice. nervous wreck by the time I got their. Clerk came out told me just her solicitor and Doctor so was expecting a real grilling. Went in and sat down, Solicitor introduced them then said although you don't fit the manual dexterity requirements it's obvious that you would face both physical and mental danger trying to work so we are giving you an exemption and you will get all the money they stopped since Sept. That was it all over.
Thank god we can afford to put some heating on for a few hours a day now.

  lotvic 12:06 01 Dec 2010

That's one more hurdle overwith.
Must have been mental anguish preparing yourself for that meeting, glad it went well for you.

  spuds 12:07 01 Dec 2010

Perhaps I am asking three incorrect or nosey questions, but was the person an actual medical doctor, because many of the 'contractors' employed by the DWP are not qualified doctors (even though they may appear or perhaps suggest otherwise) but are actually box tickers who now give assessments as to a persons well-being, and the results of the ticks are then reviewed by an 'independant' reviewer.

The second question is why was a 'DWP' solicitor present, and wasn't you forewarned of this, with the proviso of having a 'friend' with you.

Apologies Kevscar, if I am prying to much.

  gengiscant 12:24 01 Dec 2010

I await my summons.

I had to go to a tribunal last year to get some disability allowance,right in the middle of my intensive treatment for cancer had to travel the other side of Edinburgh where it there was a 3 man panel with a guy from the DWP who randomly attends these things seemingly. Cut a long story short granted the allowance.

My mistake in all this was filling out the form myself, I now go to either Macmillan or C.A.B. for help.

I am also in dispute with the DWP,it is one of the worst parts of the civil service I have ever dealt with. I am trying to get information from them under the Data Protection Act 1998. They act as though it does not apply to them. I have just lodged a formal complaint against them with the Information Commissioner, which will no doubt mean I will have to be dead before they deem I am unfit for work.LOL

  Kevscar1 12:24 01 Dec 2010

The Doctor who came is the same one I had 2009, then when we didn't know what was wrong she said I couldn't work this year she said I could. She is a qualified doctor.
The Tribunal is independant, they have a solicitor who is for the legal side of things, the doctor for the medical side. I was told I could have a friend present but arranging someone would have meant going out. The slightest bump or bruise can cause this to spread and I didn't think it was worth risking. Apart from hospital/docotors appointment I have only been out about 12 times since the operation 18th June 2009.

  Mr Mistoffelees 12:36 01 Dec 2010

"actually box tickers who now give assessments as to a persons well-being, and the results of the ticks are then reviewed by an 'independant' reviewer."

I believe that is how it is at the initial assessment, with no provision in the rules for the exercising of judgement.

I have been signed-off for more than a year now with mental problems and have been through the appeals system too. In my case there was a doctor and a barrister, acting as "presiding judge", present and the tribunal was in Taunton, South Somerset.

After I had been asked many questions my partner was able to offer her contribution too and the appeal was upheld. A person I met through the Condition Management Program had his appeal heard in Bristol. He was asked if anything had changed since his assessment, when he answered no, his appeal was turned down with no further questions.

  Big L 266 15:21 01 Dec 2010

Hello.

kevscar and gengiscant.....

I can sympathise greatly with you regarding the DWP. They are not exempt from the Data Protection Act and there are specific time-limits laid down by government in which they have to respond to complaints.(I believe its 42 days maximum in respect of telephone calls made, letters written, and transcribed 'verbatim' note-taking.) They appear to have also flouted their own rules regarding advising you of who would be there at any given tribunal and failed to advise you of you right to legal representation.

In both cases,I urge you to contact the C.A.B. asap regarding both the time-limit and their apparant failure to advise you of the correct procedures.Also,I think the people referred to by gengiscant come from an organisation called 'ATOS' who have a contract to 'weed out' those who can work but feign illnesses.I believe very few are medically qualified judging by the number of successful appeals against them.

Both of you please make sure you get the proper advice from those best qualified to help you namely C.A.B.

All the very best to you both.

Big L 266

  Cymro. 15:41 01 Dec 2010

It is always worth appealing with these things. People are much more successful on appeal than they are with their initial application. As already stated it is vital to get some professional advise and help.

The system has become more and more complicated over the years that even the civil servants who work in it don`t understand it all. Most illnesses have some charity or support group that will offer help and as said above the Citizens Advise people are very good.

The pity is that people who are already suffering have to put up with more problems and are all too often considered to be just social security scroungers. There are those on this forum who are only too glad to slander people as lazy idlers even though they know nothing about those people or their circumstances.

  Brumas 17:57 01 Dec 2010

Pleased to hear of your result. I had to attend a tribunal after my nervous breakdown - I wouldn’t go through that again for a King’s ransom. I was medically retired and things slowly, very slowly, improved.

  Big L 266 19:44 01 Dec 2010

Hello.

Cymro....I would love to work again even though I'm 56. Sadly with arthritis, fibromyalgia, and coupled with varying degrees of dizziness, balance problems, pain and sleeplessness, and currently cannot take much pain relief as it makes me ill, I don't think I'll be working again. If I could,I would.

I've often seen people slagging off unwell and infirm people in here. Sadly,I avoid response on the grounds I'd lose the plot with them.

Keep going Kevscar....we'll help you get there if we can.

Big L 266

  Cymro. 17:06 02 Dec 2010

I support you Big L 266 and Kevscar as well as anybody else in your position. Just don`t expect much support from some on this Forum, they just don`t do compassion very well

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