My husband has been placed once again in WRAG group at renewal; however we were not notified of this decision until the JCP advisor rang, and she told us it was for 2 years this time. We requested all of the information held from DWP, upon reading through they state my husband was assessed at a medical - but he has never had one for ESA! Even the JCP lady thinks he should be in Support Group, she advised him to appeal and it was a real shock to see what has been written. So my question is, where do we go from here? Do I add this further information to his appeal or do I keep this back in case its needed at a tribunal? Many thanks

Hi new to this site, I have question. I was put on W.R.A.G in October last year did appeal. last week went to tribunal and I was put in support group received letter from tribunal this morning. schedule 2 of esa regulations 1(a) Mobillising 15 points The following schedule 3 descriptor applied 1(a) Mobillising What next step I need to take as my wrag 365 days rules expires end of Sep.2013 Many thanks

Hi All, Newbie here.... I have read a lot regarding ET's and people representing themselves. I am one of them and I'm due my CMD in a few weeks. I am currently due to see my MD tomorrow regarding a "without Prejudice" meeting and just wondered if anyone has done this and if anyone has gone all the way with self representation..? I read recently a thread from 2010 from davuck and just wondered if your still here and if so how did you get on..? Also honeybee13 wrote a lot of replies and if poss I'd like to here from you and Madari if your both still on. I have a fewv questions I need answering but obviously a chronology would help, but I will post later. So first and foremost has anyone had a "WP" meeting and if so how did you plan/deal with and get on...? Rgds.....Spike

Good afternoon, I am approaching the (new) date of my ET, the first date was cancelled just before the hearing due to the lack of a judge. However 3 day's before the cancelled hearing the respondent's solicitor added documents to the bundle, until then I was not aware of their existence or been provided with copies of them. This I have no doubt was an attempt to mislead the court and disadvantage me, as the documents were dated 2011 and were available to be included in the Bundle at it's inception last year. I believe he (the solicitor) is behaving in a way that appears to contravene the ET regulations by both not providing me with copies within a reasonable time and including documents in the bundle less than 7 days before hearing. Reading some of the info on this site, that is not uncommon .... I am obviously very naïve and certainly disappointed with his professional conduct but would like any advice on what I can 'sensibly' do about it and more importantly prevent it from happening again. I sadly do not think the ET are concerned about failure to comply with Orders, as the Respondent has failed to adhere to most deadlines without providing reason. Does anyone have any experience of what to do with solicitors who blatantly disregard judiciary orders? I'm sure it breaches their Code of Conduct etc. I have never attended an Employment Tribunal before and am unable to fund legal advice or representation which is why I am acting as Litigant in Person, I hope the Judge will be tolerant of this too. Thank you for any advice you can offer, it will be gratefully received.

Hi I have a tribunal this month on behalf of my 12 year old daughter. They lowered her claim from middle rate to lower care needs. Her care has not changed, in fact for care of a 12 year child I would say it was increased. She suffers with severe Atopic Eczema and has been with Great Ormond Street for 6 years. She has been admitted into hospital for intensive treatment twice in six months in the past year. She has it all over her body 90% of the time the rest it covers her arms and legs. DLA have said that she should be doing more for herself at the age of 12 and also her care needs take less than 1 hour a day. In fact it takes at least three but it is really hard to put this across in a DLA form. Anyway, I have a letter from her nurse specialist at Great Ormond street ready to send to them, was also wondering if I should send them copies of letters we get from the hospital after she has been seen at clinic. She usually goes every three months (its every two weeks at the mo). These would show that her treatment is consistent. Anything else I should send ?? Olives xx

I know you have 90 days to log a tribunal claim following the outcome of a disciplinary, however is from initial sanction date or the appeal outcome date? thanks

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3830 'Where,however, the disability analyst is a physiotherapist and the problems she is dealing with are mental health problems the opinion of the physiotherapist as to the conclusions to be drawn have no probative value whatsoever. This is because the physiotherapist has no professional expertise in mental health matters. Although the strict rules of evidence do not apply, a tribunal can only take into account evidence that has probative value' I can only express my surprise that in a case where the only issue was the mental health of the claimant and its effect in relation to the mental health descriptors, the report was prepared by a physiotherapist following a 15 minute interview. It is plainly important that questions of mental health should be assessed by a disability analyst with appropriate mental health qualifications if their opinion is to be of any evidential value. Even then tribunals should beware of placing too much weight on such reports, based as they are on a very short interview with a claimant and without access to medical records. Given the evidence that the claimant was irritable and abrupt at a 15 minutes interview, and given a history of frequent loss of control of his temper, and the absence of medical records, I do not see how any competent mental health professional could have expressed any firm opinion as to the risks if the claimant was found not to have limited capability for work-related activity. The opinion of somebody with no mental health qualifications in such circumstances should have carried no weight at all. I would add that in addition I am not even clear how far the physiotherapist was aware of what those work-related activities would be. Sorry about the formatting I am not good at that.

As a novice in this area, I would be grateful if you would give me the benefit of your advice and list the most common mistakes made when pursuing a claim. Apologies if a similar query has already been posted. Many thanks

My wife was unknowingly placed in a work support group over a year ago. We have always believed that this decision was wrong. Her ESA stopped in March as she had received it for 365 days.We appealed but the appeal was struck off because it was late. We applied for ESA again 12 weeks later due to a deteriorating condition but the decision was, that although she had limited capability for work she did not have limited capability for work related activity. We appealed this but have since received a letter saying the decision stands and we will be notified when the tribunal appeal will be heard. On the letter it states that she was seen by a health care professional on 07/05/2013. This is not the case she has been seen by no one. She filled in a medical questionnaire and was told no further assessment was necessary. She scored 15 points but DWP contend that she did not meet the criteria of any of the descriptors. We disagree with this. Someone from jobcentre+ phoned her last week, even though I have made it quite clear that she is unable to cope with this and for this reason I am representing her. This person stated my wife's response to her questions but failed to mention in the letter that she had reduced my wife to tears She has seen a consultant and been diagnosed with Chronic Fatigue Syndrome on top of her existing condition Depression/Anxiety and the consultant stated that any type of work is out of the question. The decision has been made on the word of a registered nurse( who looked at her medical questionnaire) over the word of a specialist. We were not given time to gather evidence from the consultant and my wife's GP but we wrote them a letter explaining what the consultant recommended but they have disregarded it. I will have all this evidence when I go to the tribunal. As she struggles to walk 50 metres without suffering pain and discomfort I believes she meets the criteria of that descriptor and she has difficulty relating to others without causing her significant distress( she was distraught when she received that phone call) therefor we believe she meets that one as well. he letter states Advice" I advise that the person meets the criteria for having limited capability for work". Prognosis "I advise that work is unlikely within 2 years" " The available evidence suggests improvement is unlikely in the long term" I don't know what to expect at the appeal so any help would be really appreciated. I don't know if I want to put my wife through the ordeal of attending the appeal or if I should go on my own.

Hello all, Does anybody know if it is an "error of law" when during a tribunal a judge stops an accompanying person from speaking whilst they're trying to give relevant additional information (which could have led to more points)? Any help is much appreciated!

Hi All, I am in Northern Ireland and I currently have a case against a previous employer for 3rd Party Harassment. I was working in a nightclub and was sexually assaulted (penetrated) by a customer, the last in a long line of harassment issues by customers, against not only myself, but also other staff members. In their ET3, the employer has defended their position by arguing that 'it took all reasonably practicable steps to prevent staff being harassed, and as such cannot be held liable', because of adequate security presence etc.... However, during the course of discovery, I have received security check sheets from the Respondent showing that security checks (conducted every 20 minutes according to their records), were missed for 1hour 20minutes, totalling 4 checks, on the night in question. My Question is would I be worth my time to request a pre-hearing review to get this response, or at least this part of their defence struck out, and say that their claim has little or no prospect of success? They have made the assertion that they had done everything they could, and cant be liable. However even their own evidence suggests that this is a blatant lie, and by the same logic they would then be liable. Is this something a pre hearing review would consider or would I just bring this up when they argue it at the hearing? Below is a copy of the letter I have drafted to the tribunal, but I don't know if I should send it or they would consider it. ================================================================= 'I, beingthe claimant in the above matter, would like at this time to requesta pre-hearing review to consider the veracity of the Respondent'sdefence of this tribunal claim. The main reason for doing so is thatI believe that the Respondent's claim has little or no chance ofsuccess and I believe it should be partly, or wholly struck out. There area number of issues outlined below which I believe should beconsidered. The Respondent has stated in their ET3 form that, 'Without prejudice to the foregoing even if accepted that the assault took place the Respondent does not accept that it has any liability in respect of this and further contends that it took all such reasonably practicable measures to prevent such an assault from occurring as evidenced by both the number of security personnel in place...'. However, during the course of discovery, it has come to the attention that on the nights of the main incidents, namely the 18th and 19th of January 2013 (incidents mentioned in the claimants ET1 form), security checks which the company claim are conducted every 20 minutes, and had always been done so before this weekend, ceased on the toilets in question at 1.40am while the club remained open until 3.00am, on both evenings, even though checks were still carried out on the other areas of the premises up until 3.00am. This point also raises another issue in the ET3 when the Respondent stated that 'It is denied that the toilets within the premises are not secure'. Clearly in their own written reports they have proven that the toilets were not secured on the nights in question by a member of security. The Respondent has also argued in their ET3 form that, 'Without prejudice to the foregoing even if accepted that the assault took place the Respondent does not accept that it has any liability in respect of this and further contends that it took all such reasonably practicable measures to prevent such an assault from occurring as evidenced by..., procedures and risk assessments in place and adhered to...'. However, according to the Respondent themselves, on the 2 incidents involving xxx, incidents involving xxx and xxx, no incident report forms were filled in by security or management, and with regards to my incident on the 19th January 2013 (incident of sexual assault), the Respondent freely acknowledges that the Assault was reported to and investigated by xxx, Club Manager (even though no incident report or notes are said to exist). However, in the Door Supervisor Summary Job Description, Main Duties, point number 7, clearly states that 'all incidents that occur are fully documented using incident reports, on the same night that the incident occurs'. Therefore, the Respondent cannot argue release from Liability for its procedures in place, when the procedures have clearly been shown not to be adhered to at all times. It is forthe reasons outlined above that the Claimant believes there may be aneed for a Pre-Hearing review, so as to get either this part of thedefence, or the defence by the Respondent in its entirety struck out,as the Respondent has little reasonable prospect of success in thedefence of this claim. The Respondent cannot argue that they cannotbe liable because they took all such reasonably practicable measuresto prevent this type of incident when it can be so easily proven thattheir reasonably practicable measures were not always adhered to assuggested within their own policies. By the same logic, as it can beso easily proven that the security presence and procedures wereinadequate or not adhered to, and therefore they did not take allreasonably practicable measures to protect staff, they are whollyliable, and the Claimant feels that this part of the defence cannotbe allowed to stand, in my opinion. ' Thanks

hi there, i am in the process of appealing ESA having been placed in wrag group, when i meet the descriptors for the support group. i have and appeal tribunal date set for next month and have received the appeal papers. There are many inconsistences in the bundle and i need to send my submission in ahead of attending my tribunal. I have additional medical reports to send to support me being in the support group. Hopefully if i can get the information across properly the decision will be overturned, and i will not need to attend. It feels like i will be saying the same thing over and over , it has been ignored in my original ESA form, and in my appeal letter- so not sure how else to address this without saying the same things all over again. I have never had a medical, but there are medical reports included in my tribunal bundle- which have been written on the basis of my ESA form- yet ignore my statements of difficulties and no attempt has been made to date to contact any of my consultants or GP to validate my statements , yet they have been discounted . i have cognitive difficulties amongst my problems and am finding it very hard to find a way of writing my submission.- im getting overwhelmed trying to find a way of stucturing my submission and wonder if there is a template anywhere that i could use? i understand it should be concise, but i dont know how to write it can anyone help me please ?

WAR PENSIONS AND ARMED FORCES COMPENSATION TRIBUNAL GUIDE 1. Appeals You can appeal to the War Pensions and Armed Forces Compensation Tribunal if your claim for a war pension or compensation was rejected. The tribunal is independent of the Veterans Agency and the Ministry of Defence. There are different tribunals for Scotland and Northern Ireland. Decisions the tribunal can make The tribunal can make decisions about: Ø your entitlement to a pension or compensation Ø the amount of pension you get Ø entitlement to extra allowances, eg for mobility needs Ø pension start dates Ø pension rates Ø withheld pensions The tribunal deals with appeals for the 2 pension schemes currently running: Ø the War Pensions Scheme - for injuries caused by service before 6 April 2005 Ø Armed Forces Compensation Scheme - for injuries caused by service from 6 April 2005 onwards How to appeal You must appeal within 12 months of getting your pension decision letter. 1. Write a letter to the Veterans UK and ask them to reconsider their decision. Explain why you think the decision is wrong and give any information not included in your original claim. 2. The Veteran UK will look at your case again and write to you with their decision. 3. Contact the Veterans UK helpline to ask for an appeal form if you’re still unhappy with the decision. Fill in the form and send it back to them. 4. The Veterans UK will tell the tribunal that you’ve made an appeal and the tribunal will look at your case. 5. You’ll attend a tribunal hearing and the tribunal will decide your case. Send the appeal form to the following address, or contact the Veterans UK if you need help. Veterans UK Norcross Thornton Cleveleys Lancashire FY5 3WP Veterans UK Helpline 0808 191 4218 Late appeals In some cases you’ll be allowed to appeal after 12 months but you must explain why your appeal is late. You can’t appeal against any decision after 24 months. 2. After you Appeal The tribunal will look at your case and ask for any further information if they need it. The Veterans UK will send a response to your appeal to the tribunal. You’ll get a copy of their response. You can reply to it with a ‘written submission’, but you don’t have to. You can also send any further evidence to support your case to the tribunal. Where you send your written submission and further evidence depends on where you live. Prepare for the hearing You can go to the hearing on your own or ask someone to help represent you. You can also call a witness to support your case. Organisations that can help represent you include: Ø Royal British Legion Ø Royal Air Forces Association Ø Combat Stress Ø British Limbless Ex-ServiceMen’s Association Ø National Gulf Veterans& Families Association When you go to the tribunal hearing, take your appeal papers and the documents you’re using as evidence with you. You should give copies of any evidence to the tribunal before the tribunal hearing. Tribunal panel The tribunal is made up of: Ø a judge Ø a medical member Ø a service member What happens at the hearing The judge, tribunal members, Service Personnel and Veterans Agency and your representative (if you have one) will ask you questions about your case. The tribunal will then question any witnesses you’ve brought to the hearing. Usually, the tribunal will tell you its decision on the day of the hearing. Expenses You might be able to claim expenses or compensation for: Ø travel (only in the UK) Ø living expenses for the time you’re away from home Ø loss of earnings 4. If you lose your appeal You can ask the tribunal for permission to appeal to a higher tribunal, called the Upper Tribunal, if you lose your appeal. You must ask for permission to appeal within 6 weeks of getting the decision. The Upper Tribunal will look at the case to see if the original decision was correct. Reasons for appealing You can only appeal if you think the decision was wrong for a legal reason, including if the tribunal didn’t: Ø follow the right procedures - eg it didn’t tell you in time about the hearing Ø give proper reasons for its decision, or back up the decision with facts Ø apply the law properly Before appealing, ask the original tribunal for the written statement of reasons for its decision. READ MORE HERE: /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png War Pensions and Armed Forces Compensation Tribunal: How to appeal - GOV.UK WWW.GOV.UK War Pensions and Armed Forces Compensation Tribunal - appeal a war pension decision, deadline, how to appeal, hearing.

Hello my mum found this site a few months ago and I had started prepping my tribunal hearing from this the link that honeybee and leemack was commenting on a lot the ESA tribunal hearing for anxiety that was won thread - I got my letter for a hearing 2 days ago and have worked real hard with my mum to get this finished and I will be taking it to CAB this week, but can I get you please to read it over for me, before the CAB as they may post it that day, just I believe you will be more help. I will be attending the hearing with my boyf who came to the Atos medical also with me. I have included attachments of Doctors Letter (already in paperwork from DWP and ATOS) and Atos 's Paperwork on me that I think you may want to see, I am not sure. These are all with names and dates erased. I was only relying on this information, the paperwork, docs letter, and my statement below. (Does this statement below have to be sent to tribunal 7 days before?? or took on the day??) I think the attached 5 docs to this first thread is more important and what I am asking for help on - all the other 3-27 posts are my atos score sheets and comments etc the norm I can only upload 5 docs will upload rest in replys.... Any help and corrections will be greatly appreciated. AND if anyone can help with questions I will be expected to answer in the tribunal, would be also massively appreciated xx PS I HAVE EDITED AND ADDED THE STATEMENT IN PDF FORM IN THESE ATTACHMENTS AS IT MAY BE EASIER TO READ - either read the rest this thread or go to end and see pdf in better layout Appealsubmission of XXXXX Dateof appeal – XXXXX Nationalinsurance number – XXXXX I,XXXXX am appealing against the decisions made on XXXXX and XXXXX todecline the award of Employment and Support Allowance on the groundsthat I have not attained 15 points from the combined Physical andMental Health descriptors following my Work Capability Assessmentfollowing my Work Capability Assessment (for ESA) on XXXXX. I submitthat the Atos medical assessment was in places inaccurate and did notadequately assess my mental health condition. I suffer with anxiety,depression and poor health. My mental health problems began XXXXX andwere caused by the effects of an abusive and violent relationship anda miscarriage. I have been unable to work since then. I did attemptto work around XXXXX (can not remember exact dates) but could notcope at all. Mymedication at the time of the medical assessment was, Trazodone(150MG) Bytime I appealed my medication had changed to Citalopram (20MG) due tothat my anger was out of control and it had been recommended from afamily member that Citalopram helped a lot with anger, as I wasunable to find any help and support for anger. Ihad seen a councillor first for 8 weeks (HER NAME iTalk) but was thenforwarded on to seeing a psychiatrist, HIS NAME, iTalk and was withhim for a year (as well as the continued support of my doctor fromthe start to present day.) The appointments with HIS NAME had notlong stopped around my medical and I felt then I still had problemsthat were not dealt with. After much talk, I had been lookinginto other places but did not qualify and I am in discussions with myDoctor to go back to iTalk again. Ifeel depressed all of the time to the extent that it severely impactsmy daily life. I feel anxious most of the time, my anxiety andparanoia is severely increased if I have to leave the house or haveany social interaction. Thewhole ordeal has left me mentally and emotionally 'damaged' and whichhas also resulted in taking it toll physically too. I feel there is ahurdle I can not overcome and I am trying so hard because I do notlike who I have became. Thereport of the Atos medical assessment I attended contained manyinaccuracies: -The report states that I ticked on the ESA50 that I had problems withstanding and sitting, however I reported no problems to thehealthcare professional. I was not asked these questions about myproblems or given an opportunity to explain and how was I supposed toknow I was meant to bring it up first? -The report states that in one paragraph I can only go to the shop ifI am with my boyfriend every couple weeks, the next paragraphcontradicts this and states I go to the shop alone. I told the HCPthat my dad either goes shopping for me or on the very rare occasionthat my boyfriend has dragged me to the convenience shop directlyopposite his house but it causes lots of distress and arguements,otherwise my boyfriend always go to the shop for me. Sometimes heencourages me and tries to prepare me to go out but this just resultsin full blown arguments because of my insecurities. -The report states that I can use public transport. I can only use oneroute and that is only if my boyfriend is meeting me of the bus,which is also stated in the report in another section. Alot of thetime my boyfriend has to come to me and collect me and take me backhome. I do not get public transport anywhere else unless I am withsomeone. -The report states I had no difficulty completing the ESA50 form anddeals with letters and bills without difficulty. When in fact Istated that my mum and CAB (HER NAME AND LOCATION) helps me with thewording and understanding and dictates from what I want to say andputs it into a clearer sentence that would be understanding forsomeone else. The ESA50 form took me a few days to complete doinglittle parts at a time and letters generally cause frustration forboth me and my mum but my mum helps me as much as she can, and I donot have bills. Ihave also had a lot of help in writing this submission since March2013 from a forum, CAB and help from my mum and partner. -The report states that I can cook basic meals. The HCP asked me if Iwas able to prepare basic meals. I responded Yes. I had this laterexplained to me at the CAB that what I thought was a basic meal, wasnot what you mean as a basic meal. My basic meals are a packet ofcrisps, chocolate, ready made stuff in the fridge like a yoghurt or acornish pasty, piece of ham, block cheese, biscuits etc. Something Ican just grab and eat instantly. The times I had previously attemptedto cook, my poor concentration means that I have burnt food and myparents utensils or not even cooked food. If it hadn't been for afamily member to notice this then it would have been more dangerous.My mum does all the cooking in the evening for me and my dad, and shealso does most of our lunches. I get frustrated when people shadowme, prompt me and constantly watch me when in the kitchen, It causesarguments and I get extremely snappy when people moan that I haveleft appliances on or that they just take over and cook the meals forme. It really makes me upset and I feel a failure that I just nowgrab quick things listed above that I can eat instantly so thatmainly my mum doesn't have to go out of her way for me. -The report states that I do housework as long as I write a list ofwhat needs doing. But I have to do it in manageable sections forexample if I am washing up, I will do a few items, sit down because Ican not stand for long and hurt, do a few more and sit down and keeprepeating this till its done. -The report states that I have no problems using a computer. I do goon a laptop but I can only do this for a short time (30 minutes tops)as it causes me to have headaches or migraines and then I have to liedown. -The report states that I have no difficulties arranging and attendingappointments, where in fact I stated I have lots of difficulties,again my mum helps me and I have to write notes, and reminders, I getmyself in a right state and also have to call doctors or taxis torecheck the time I booked, as I also lose my notes. -The report states I visit my GP and Councillor every week. I stated Isaw a psychiatrist, HIS NAME weekly but my parents paid the taxi farefor me to get there and back. I also stated that my doctors is only a5 minute journey from my house and its practically on my doorstep,this is why it is easy to attend, and the HCP commented sarcastically'well that's very convenient isn't it?!' -The report states I chat on facebook. I never said this, I stated Ibrowse facebook, that my friends tell me that they are here for me ifI need a chat in person but I never reply. I can not face it. -The report states that I sometimes go out to the cinema with myboyfriend. I stated I have been once and that it was a badexperience, I have not been since. Thereport generally states I coped well and behaved normally at theappointment but this was because I had someone there with me. I amanxious, nervous and afraid to attend these appointments on my own,and afraid of meeting new people. I need the support of someonefamiliar. Isubmit that I fulfil the following descriptors: 1.Moving around (d) Cannot either (i) mobilise more than 200 metres onlevel ground without stopping in order to avoid significantdiscomfort or exhaustion or (ii) repeatedly mobilise 200 metreswithin a reasonable timescale because of a significant discomfort orexhaustion. (6 points) WhenI am accompanied with someone, I find it very difficult to keep upwith them, I walk really slow and I struggle to walk far. Whenwalking, what used to take me and a normal person 10 minutes, willnow take me about 45 minutes because I walk so slow with all theissues listed below. I can not walk further that 10 minutes before Ihave to stop, making them stop too. I struggle for breath, get hotand sweaty, experience pains and keep needing 20-30 minutes minimumstopping time before walking another shorter distance. This putspressure on my knees and hips making me very uncomfortable, reallytired, distressed and gasping for breath, I have to stop. I cannotstand for long either, I have to hold onto someone arm, lean againsta wall and keep swapping weight on my legs to the other leg and amgreatly embarrassed by this. If there is not a seat near by and Ihave to stand, my pain gets worse faster. When I get of the bus atthe NAMED TOWN library, I can only cross the NAME Park towards NAMEDroads before feeling my limit. It is a daily struggle and like I onlyhave a maximum of 10 minutes a day to be pain and stress free, nomatter how long my breaks are throughout that day, once those 10minutes are up, the pain and exhaustion lasts all day or instantlyreturns on any activity. As well as walking slow because of the painor trying to to prevent it it, I also walk so slow in the hope ofgetting a couple of more minutes out of it. 11.Learning tasks © Cannot learn anything beyond a moderately complextask, such as the steps involved in operating a washing machine toclean clothes. (6 points) My mum, who I live with, I think isgetting really fed up of repeatedly telling me the correct buttons topress on the washing machine, its only three buttons. She hasrecently resulted in marking the washing machine with a black markerof the 3 buttons I need to press. I had tried multiple times to do itbefore on my own, and my mum said they were dripping wet when theycome out. The buttons I pressed, I was very adamant and believedstrictly these were the correct ones, but she had told me maybe itwas my memory from our old washing machine. It has caused argumentsbetween us and I was really confused and really upset me that I cankeep forgetting and making more work for my mum. My mum now does mywashing. 12.Awareness of hazards © Reduced awareness of the risks of everydayhazards has led or would lead to frequent instances of or to thenear-avoidance of: (i) injury to self or others; or (ii) significantdamage to property or possessions, but not to such an extent thatoverall day to day life cannot managed when such incidents occur. (6points) WhenI start to cook I forget about it causing pans to boil dry and foodto burn in the oven because I forget I am cooking. Ona bad day I would put an item on in the oven and cooked for 30minutes, then returned because my mum can smell burning, and I hadthe hob on that had a pan resting on it and the plastic utensils inthe pan was burnt, and that ruined my parents belongings, that reallyreally upset me. Ihave fallen a sleep and forgotten that I am cooking. Mum noticed andturned off the oven. Iput the oven on and returned after cooking time to eat, to open theoven and no food is in there. Thevery last time I used my parents oven was when I put the hob oninstead of the oven and the oven had a glass lid which had been leftdown. After time, when returning to the kitchen the glass lid hadbent upwards and I screamed and lifted the glass in panic and shockand mum opened the back door and on walking away the glass explodedjust missing us. I am so deeply ashamed!!! My parents bought a newcooker and they can not afford these things. Since then my dad hastold my mum to watch me like a hawk in the kitchen. Mymum now follows me every time I enter the kitchen or if she knows Iam cooking, and always returns after I have left, to make sure I haveturned appliances off as I have also left the oven on from lunch timeall the way through to the early evening with nothing in it. I feelreally belittled and like a child to be watched over. Ihad made tea for my parents and forgot to put the tea bags in. Whilistboiling the kettle I'd forget and go off to do other things and mydad says MY NAME where's my tea and when I say oh I have forgotten hereplies oh yeah really and I get really annoyed that he thinks I'vedone it on purpose. He later laughs it off and tells me to not besilly that I am getting upset but it does really upset me. Ihave gone to run a bath, then forgot and gone to sleep, My mum cameup for the toilet and stopped it because it was full and running outthe over flow She panicked and that caused me mayhem. Theseare a few examples, that make me feel such a failure. Which adds tomy anxiety because my mum is unwell too and I get really upset that Ihave burdened her or my dad. 13.Starting a task and finishing it to the end © Frequently cannot,due to impaired mental function, reliably initiate or complete atleast 2 personal actions. (6 points) Ineed to write lists to remember a sequence of tasks. If I do not makelists, I forget what I have to do causing stress when I haveforgotten to do something on time. If I agree to something I have towrite this down or I will forget. I have to contact people doublechecking times, for example, taxi service asking what time I bookedfor and Doctors asking what appointment times i've made. Asmentioned above, with awareness of hazards, if I start a task, I caneasily lose concentration causing difficulty. I even write stuff downand lose that too and then I panic. I try each day to write a listof things to do the next day, this can vary from reminding myself todo basic tasks to appointments and anything I need to take toappointments including reminding myself to write another list on mylist, any medications I need to reorder etc. Pleaserefer to my doctors letter stating that I use coping strategies todeal with every day to day life. 14.Coping with change © Cannot cope with minor unplanned change (suchas the timing of an appointment on the day it is due to occur), tothe extent that overall day to day life is made significantly moredifficult. (6 points) Anexample of this is I have been waiting for a bus to an appointmentand the bus has not turned up, I panic out of all proportion. I haveto call my mum and she has to calm me down and help me find analternative and then she has then phoned taxi service to pick me upand take me to venue, also phoning venue to say I may be late. NAMEOF PERSON AT ITALK had changed two appointments once on the day I wasdue to see him and this completely threw me and I got very depressedand in an angry mood for a few hours. Ifpeople have arranged times and dates with me and let me down, I blowthat out of proportion and have full blown arguments with people. Ifpeople are any later than 3 minutes late in contacting me after anarranged time, my anger level soar, I think it is highlydisrespectful and I will scream and shout and am unreasonable to anyapologies. My mum says I always go 'overboard', that I need to let itgo and there is no need for it. 15.Getting about (b) Is unable to get to a specified place with whichthe claimant is familiar without being accompanied by another person.(9 points) Irarely go out at all, I travel about two times a month. I live at myparents so I am either there or if my boyfriend has picked me up I amat his. These are the only two places I am. InTOWN I have a massive Phobia of the town because this is where my expartner is most likely to be seen. On leaving him, his job was in thetown centre. And so now I rarely go to town and only if I am with aclose person who understands. I cannot go to town with someone I knowwho would not understand or who I have not told about EX'S NAMEbecause in the past I have freaked out and I won't trouble someonewho doesn't know this. Ihave to travel to HOME TOWN where I have grown up in all my life in ataxi or with someone, because I won't walk through there on my own. Pleaserefer to my doctors letter explaining about leaving the house. 16.Coping with social situations © Engagement in social contact withsomeone unfamiliar unfamiliar to the claimant is not possible for themajority of the time due to difficulty relating to others orsignificant distress experienced by the individual. (6 points) Inever go out to see my friends, on the rare occasion they have cameto see me and then that results in me feeling bad because they'vemade the effort. The right thing to do next would be to see them. ButI don't want to go out so I just leave it but then I lose my friendsbecause they don't want to come see me all the time or they complainthat they are the ones always making the effort. And when they don'tcome to see me I really don't care because I don't have to deal withthere problems and what they think of me anymore. Mydepression and anxiety stops me from going out and enjoying anythingI once loved/liked. Ionly leave when I really have to for appointments and medicationcollections if my dad or partner was unable to collect. Idon’t go out and socialise as I don’t like it as it causes me toworry to all extreme in the fear that I will see my ex or his family,who have all threatened me and my family. Whoever I am with, if I sawmy ex or his family and it all kicked off then not only am I at risk,I am putting someone else at risk and that thought and worry is justtoo much for me to deal with Onetime my partner and his friends took me out and promised me “whatwere the chances of seeing any of them”. Well we went out and hiscousins were at the venue, my partner and his friends tried to relaxme and calm me down and even threatened to beat them up if theystarted on me but in the end we had to go somewhere else, I wasdistraught that I could have been the cause of a problem. WhenI am at my boyfriends flat and a few of his mates come round I haveto resort to the bedroom, because it is too overwhelming. I worryabout something I may say that will make them hate me and think I amstupid so I make my excuses and leave, I then give my partner anearful all day on what they thought of me because when I do seepeople, I always have that phobia afterwards off whether or not theylike me, if they hate me, what they think of me, if they'd want tosee me again, did I say or do anything that made me look stupid, ori'd pick out things and say would this cause them to like me more,hate me more etc... 17. (b)Frequently has uncontrollable episodes of aggressive or disinhibitedbehaviour that would be unreasonable in any workplace (15 points) Inmy own company I am fine but when being with other people, theyreally get me wound up, I always get angry and the most simplecomments just make me see red and something that I know I once Icould have let go, I wont. Since my ex, I will not let anything go, Iwill not be walked all over again and become open to abusivebehaviour or be hurt. WhereI was someone who had ALOT of patience, I now have none whatsoever,something flicks in my head and I seriously want to go pick weaponsup and do damage to people and hurt them in a way they have hurt orupset me, actions speak louder than words and if I am angry I willaction that, as my words of reasoning are not comforting any more. Thisis why I don’t like seeing people as it will only take once forthere opinion to change about me. Idon’t do it intentionally and I see how I was before to now and IHATE it, but I can’t control it. Ona few occasions I have thrown things at my partner and even threw hisremote control at the wall and demolished it because he just made meflip and to me he was being really unreasonable but it was me. Hedidn't do anything wrong. Iwas also really rude to a receptionist once who was trying to help meand I gave her a mouthful over the phone because as she was stressed,she made a comment about how I should have called earlier toguarantee an appointment and I flipped and then after the call, Icried my eyes out, I felt terrible. Irespectfully request that the tribunal award 60points in the limited capability for work test, and allow my appeal. Signed XXXXX I hope this is letter is ok? and I hope this all correct and I have it on forum ok???? PS I HAVE EDITED AND ADDED THE STATEMENT IN PDF FORM IN THESE ATTACHMENTS AS IT MAY BE EASIER TO READ

Hi, I'm new here, so I do appologize if I'm in the wrong place. I desperately need some advice, I'm young and scared, and haven't got a clue what to do. So please keep answers simply. I failed my medical with Atos in June last year, so I appealed, in the mean time whilst I was waiting for a tribunal date I have been on the assesment rate. I've just recieved my letter from the Tribunal, I didn't attend for health reasons, and the decision notice says the appeal has been REFUSED. So what happens next how can I appeal again? and am I still entitled to the assement rate? I am so worried that they will just stop my basic rate of pay leaving me with nothing. Signing on at the JC is not an option. I am praying that I will still be paid in two days time. Surely by law they have to still pay you something if you're appealing for a second time? Thank you in advance. I really appreciate all comments and advice. P.s Sorry for any spelling errors.

Hi, Sorry completely new here and don't even know if this is in the right category, so please feel free to move. I am currently getting ESA, in November last year I had the results of my ATOS interview which said I was fit for work, I immediately appealed and a Jobcentre decision maker looked at it again though didn't get around to it until March of this year, they also said I was fit for work so I appealed to a tribunal. The tribunal is this Friday, due to my illness I have done it as a paper based appeal with supporting documents etc from doctors but I am not holding much hope to be honest. My question is I know you can apply for ESA again 6 months after it was refused/stopped. In my case, saying I fail the tribunal is it 6 months from the ATOS decision or 6 months from when the jobcentre decision maker looked at it again. Thank you for any help.

Hi I dont know if Im posting in the right place I have Neurofibromatosis Type 2 which has resulted in the loss of balance, complete deafness in the right side and vertigo. I was taken off ESA on 10th may 2012 after failing a medical with 0 points (ATOS). I had a tribunal on 17th May 2013 and wasnt awarded 15 points but the appeal was upheld on Regulation 29. I was placed in the WRAG Group. Its been 5 weeks since that tribunal and I have rang ESA numerous times to check that they have received notification from the tribunal service. They say they havent even though the tribunal sent it via email the same day and I sent it to them twice via letter. This morning I went to my local JCP and they emailed it over to them. I rang them up twice today and the first time they said ring back after 12 and the 2nd said ring back after 4.30pm. I rang back today after 4.30pm and now I have to wait until Monday for the Benefits Centre dealing with my claim to call me back. They say that it takes 4-6 weeks after receiving the notification to process it. I am in a jam at the moment. Its been 58 weeks since this all started and I just want it over with. Has anyone got any advice? Thanks Craig New Member

Hi Everyone, I am suspended awaiting a discipline hearing. My employer said that when I am given a hearing date I cannot resign, but that they would consider it. I asked them to explain and give me details of my contract or the relevant law that they are relying on, they didn't reply. Does anyone know the answer, my opinion is they are talking rubbish, if I hand in my notice, what are they going to do? say " sorry you can't resign, we won't accept it" can't believe they even think they can do it. In that case I could say, I don't accept you sacking me, but I might consider it. Surely resignation is not a two way thing. Look forward to your opinions.

Hi, I'm new to the forum, but have been reading a few posts on here and finally decided to see if anyone can help me with the issue I am facing right now. I attended my second ATOS medical last year after winning my last appeal, knowing that I'd done everything I could, I knew (like the time before) that the person assessing my illness had it in for me from the start of the interview. She hardly spoke to me, never looked at me and didn't pay attention to the fact that I was shaking within the interview. Needless to say, I appealed the decision like I did the last time and knew that it was going to be a long wait. Oh, this was just before Christmas as well. So I had no money whatsoever over the Christmas period and had to wait roughly six or so weeks to receive something after they had processed my appeal. Anyway onto my appeal, I waited and waited for a letter to arrive to tell me when my hearing was going to be, even phoning them a couple of times to ask if they had any idea of when I should hear something back. I was fobbed off continuously and told that it could take anything up to a year, I already knew this from before. So I waited for a letter to arrive, fast forward a couple of weeks or so since I phoned them to ask when my appeal was going to be and I receive three of the notorious brown envelopes in the post. I open them to find out that not only has my tribunal been heard without me knowing, they have stopped my benefits, which I rely on by being unwell. I hadn't received any letters from them regarding my tribunal, so I had absolutely NO idea when the tribunal was taking place. I did receive some help filling in some papers after my money was stopped before Christmas, so the people who helped me received copies of the letters for the tribunal, but I hadn't seen any of these letters that they had filed when I saw them yesterday to discuss why my benefits had been cancelled. The first time I saw said letters were when the worker pulled them from their file. I was shocked. Does anyone have any ideas on what I could do please? As you can understand, I am desperate right now, I have no money whatsoever and bills to pay through having hardly any funds for months. I've been in tears for most of the day.

I'm just looking to see if anyone has been to a DLA tribunal and if they could let me know what to expect - I have a date next week on behalf of my 5 year old son and have no idea what I am likely to face. The DWP made a catalogue of errors in deciding my sons case - am I correct in thinking that will all be disregarded and it's just basically a "my say vs their say" on my sons medical probelms? Any help would be greatfully received.

Hi My Father had his IB/ESA rejected at the tribunal few months ago and now they have cut his benefits completely, with the expensive rent mounting up now. What should we do now as I am rather lost at how it all works. Does he apply for JSA? It says on their website you cant apply if you received ESA in last month, I think his stopped a week or two ago. What does he actually do in the long term? Considering he has an illness that will be for the rest of his life and severely limits his ability. His getting old, has no skills or qualifications and is both physically and mentally diminishing. I really don't know what they expect him to do, no one is going to give him a job let alone manage to find a suitable one, and he is really stressed out, i dont think he even sleeps properly at night anymore. Thank you for any help

Hi! I have a deadline approaching shortly, which is to submit a list of documents to the ET and also to the respondent. I presume this will be the documents which I intend to use at my hearing next year and I believe they can ask for copies of any documents on the list? My question is should the list include witness statements or are these just included in the bundle at a later stage. Thanks!

Hi im new here so not certain im doing this right,any way here it goes. my partner on tuesday lost here esa appeal first tier tribunal stage.They scored here 12 points at the appeal tribunal,and 6 points at the decision maker stage (first appeal stage I think that is). So heres my questions if she was awarded 6 points for one descriptor at one stage of the process and 12 points for two more descriptors(so that makes 18 points for 3 separate descriptors) further down the process,that makes 18 points. so im a little confused at this stage of the process,so is this right or does some other rule come in at a certain stage. basically if someone could explain this to me,and were we go from here (i.e what benefit to claim know)I would be really grateful,thanks

Hi everyone, Looking for a bit of advice of opinion about what I am going to put to you. Preferably if there is a fraud investigation or tribunal panel worker as this is more in their league. Obviously a limited amount of speculation can occur but any insight would be most appreciated. I will try and keep it as short as possible. May 7th 2010 I was taken ill into hosp, my hubby had lost his phone whilst working in Amsterdam. He borrowed a phone from a 'steward' on his rig, subsequently I found out he was having an affair. On my birthday 17th May 2010, he left me, saying he needed to sort his head out, in the meantime, I was seriously ill with impending redundancy (31st May 2010) Was optional as he said he would support me. By July 2010 I knew he was for real and not coming back so I went to jobcentre and got signed up for ESA rather than IS due to my health as I found out he had gone on holiday with this woman etc - too much to mention otherwise I would be writing into 2014. After some time my ESA was rejected then I went onto IS, previously to this I sorted the council tax so it was only me and my girls in the house registered. I then started college Sep 2011 and wrote to inform then, I got a letter back asking about course details and this was forwarded onto them. During all the commotion of the split, I was diagnosed with TIA, Depression and I took up drinking to 'help' me. Social Services got involved and my girls were put on the protection register for 6 months due to drink driving charge. During that whole process I tried my damned best to get my hubby back but failed on many ocassion, although we tried when we went on hol together. In that whole time we met twice socially and had that holiday, I served separation order as he introduced this woman to my girls after me asking him not to etc etc. He got his own flat for 6 months in Aug 2010-feb 1011 then gave it up as he was working away in Amsterdam for long periods on courses and working on the rigs. I fell out with family & friends over my contact with him as I required him to take me food shopping for our gilrs and did it online when he was away. A letter arrived for him in Jul 2012 as him to go to an interview and this subsequently led to a IUC for me in the OCt 2012. I since found that I should not have been receiving the IS as I was at college, although I had written to them 3 times by this point, they have no record. I hav had demands of £1982 from council tax, £13600 from CTC and £4600 from DWP. Of course I have written to apply for tribunal as I feel I have done nothing wrong here and on reading the OP they are basically saying he never left me and only taking into account the 6 months he rented, they are basically stating that all I went through was a lie. I didnt seek legal advice before the IUC as I felt I didnt need it, now I realise I should have. I have proof of this affair, relationship from emails I hacked into, I eveidence he took her on hol, bought her things, solicitor letters (which the interviewer tried to tell me was rubbish), social work reports about us splitting, the list is endless. They are saying because we never separated the joint account (was down to me as I knew I could spy if he was buying his tart anything) and I worked in a bank so I knew how much of pain it would be to sort, that we never parted company. I also have Dr letter backing up my claims, Dr letter from my mums Dr as the whole situation made her ill, endless evidence. Sorry for such a long spiel... I just wanted to know what opinion was of my chances in this tribunal. I am aware, due to my bursary of £1000 will be taken into account, Im more concerned about criminal proceedings as my hnd is for business, I got an A for it and am going to uni and feel there is no point in continuing if I am stuffed as most jobs require no fraud criminal convictions. I have also been diagnosed type 1 diabetic since then and the stress is making me ill as I cannot stablise my blood sugars. ANY HELP much appreciated MissyNA xxx

Press release by Public Law Project http://www.publiclawproject.org.uk/documents/press_release_WCA_assessment_discriminatory.pdf Case numbers http://www.osscsc.gov.uk/Decisions/forthcoming3JPs.htm DWP Twitter Response (who wasn't expecting this?) https://twitter.com/dwppressoffice Press coverage: http://mind.org.uk/news/show/8895_victory_for_welfare_campaigners_as_judges_rule_controversial_disability_benefits_procedure_is_unfair http://www.guardian.co.uk/society/2013/may/22/fitness-work-tests-mental-health-unfair http://www.bbc.co.uk/news/uk-22620894 Twitter