googlybear
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ESA Reg 29/35 Arguments and New Appeals System Factsheets.
googlybear replied to speedfreek's topic in Benefits and HMRC
Thanks for this... i have an appeal today and i've a feeling i might just need this -
Finally, Rae. Good on you
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Cheers Rae Is your's still ongoing?
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Thanks folks, the form is already away, i just wondered if i'd done the right thing...
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Long story... Shafted by Atos nurse during claim for ESA (migration from IB), shafted again by tribunal judge. I suffer serious back injury, affects lower, mid and upper back as well as neck and shoulders. Also suffer Hidradenitis Suppurativa (stage III), hearing impaired, PTSD, and likely Crohn's or Coeliac.. Atos assessment was, well, we all know what they're like. Tribunal was a disgrace, credibility attacked from the outset without the chance to respond until an hour later by which time my head was mince. Interrupted 31 times by judge or doctor, my rep was shouted down when he tried to stick up for me (i do have a recording). I complained to head judge about tribunal judge, she made some concessions but none meaningful. Head judge described tribunal judge as "less enabling than other judges" (understatement of the year). I appealed on a point of law, district judge refused leave to appeal to UTT. Appealed without leave, UTT has now granted me leave to appeal, with a "short form decision" option. This gives a decision without giving reasons for that decision. The question i am asking is would that be a good thing? I feel i've already contributed all i can, although i'd be quite happy to answer any specific questions any panel might have. Just getting out at all is often difficult, if not impossible... on the day of the tribunal i had multiple abscesses, one the size of a marble between my scrotum and anus, making sitting at all difficult. TIA
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Are they a good thing? I've been granted leave to appeal to the Upper Tier Tribunal, by the Upper Tier Tribunal after first being refused leave by a district judge...
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DWP lose their appeal against JR 2638/9 2012
googlybear replied to googlybear's topic in Benefits and HMRC
Yeah, i'm more than aware of that, having failed a WCA and then shafted again by a biased Tribunal Judge. This is probably my last avenue for a successful appeal... -
http://www.bbc.co.uk/news/uk-25213633
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Ok, fair enough... but i didn't see anything in the judgement to distinguish between mental health problems and severe mental health problems. And then again, where would that line be drawn? Also, what about the claimants who have been adversely affected up til now?
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Are you saying it has no effect, so long as DWP/ATOS improve their methods?
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http://www.osscsc.gov.uk/Aspx/view.aspx?id=3792 I've spent the best part of 2 weeks trying to get my head around this... has anyone had better luck than me? What are the effects of the ruling? I seem to interpret that anyone with mental health problems making a claim for ESA have been discriminated against if ATOS have not sent an ESA113 to their doctor. Is that right?
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I've finally decided to register a complaint with Atos about the HCP who conducted my medical, highlighting 16 bullet points that were either lies or inaccuracies in my report. I've also said that once they respond to these points, i will provide further points where things have simply been omitted from the report. Since it is my word against hers i don't expect it to go anywhere, but i want to hear what they have to say, and i feel i had to. Lesson learned for me, and future 'medicals' will be recorded!
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Many thanks. It was the Tribunal who recorded the hearing, the clerk told me this was now the norm, but from what i hear, it's certainly not nationwide. A complaint - something i could really do without, but something i feel i really must do. I don't take the decision lightly either, a complaint against a Judge can rattle many cages. But she can't be allowed to get away with things like this. Shafted first by Atos, then by the Tribunal, i'm pretty sure that without the recording, most people wouldn't believe what happened...
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Thanks for that. I'll get a read later, but i think this is more like what i'd been looking for. Someone has drawn my attention to a post in a forum used by welfare rights advisors here:- http://www.rightsnet.org.uk/forums/viewthread/2535/ If you substitute Stoke-on-Trent for Edinburgh, and the other panel members for the Tribunal Judge, you could easily be reading about my hearing. Someone with more serious mental health issues than myself could easily be tipped over the edge.
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Thanks for that
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Many thanks
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Thanks for that. So the role of a Tribunal isn't defined in law at all then? There is also a distinct possibility of a complaint against her, the audio recording from the Tribunal will certainly back up my case, but i have to wait for this statement of reasons...
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At a recent Tribunal for ESA, i was effectively ambushed by a prosecutor, who had seemingly made her mind up before i set foot in the room. My understanding was that the role of a Tribunal Judge was to form a balanced view based on evidence available to the Tribunal. This one attacked my credibility from the word go, and didn't offer me the chance for a response on that topic until the very end of the hearing. I need to wait for the Statement of Reasons to come through the post before declaring full grounds for an appeal to the Upper Tier, but there is already evidence of bias. I need to know where the role of the Judge is legally defined, since i will have to present a legal argument against what happened in that room
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Afraid not, i'd already scoured the webpages of the Judiciary. I was hoping for a definition in law, so have also scoured the Courts and Enforcement Act 2007. I haven't found it in there either, but at 312 pages, i could easily have missed it. PS. I note your link leads to the Judiciary in England and Wales, I'm in Scotland. I have already looked up the Scottish Judiciary pages too, there is no further content on their site. I've also emailed the SSCSA in Glasgow, yet to gain a response....
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Dunno if this has been asked before, or even if i'm asking in the right place, but can anyone point me at where the role of a Tribunal Judge is defined? TIA
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The Law Society of Scotland don't handle complaints, their telephone menu directs callers to a number that is no longer in use. I finally spoke to some department who handle complaints about solicitors, but not in the case where they are carrying out a judicial role. She suggested i contact HM Courts & Tribunals Service
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Forgot about those... Those posts were about a non-specific medical examination with Atos. My current question relates to a Tribunal hearing, where an audio recording WAS taken. This is my first started topic then
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...about a solicitor conducting business on behalf of the HM Courts & Tribunals Service? To HM C&T or to The Law Society of Scotland? (since i'm in Scotland) My first post, go easy on me...
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Cheers, it was your post on that other forum (is that the one that shouldn't be mentioned here?) about the recording of interviews which drew me here. BTW, it makes a lovely change to see the vast majority can actually spell! Makes reading so much easier:-)
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Interesting route, Rae. Might be difficult to prove without a recording though. I wonder what scope there is for a complaint where a HCP has been economical with the truth. Not quite the same as lying, but surely against the oath they undertake for practise in medicine?
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