Incapacity Benefit Appeal - HELP NEEDED

[brighton gal]

I have to attend an appeal next week, can anyone tell me what to expect?

I suffer with moderate to severe depression and take maximum dose of setraline daily. I was given a date during December but asked for it to be deferred as I had to be away until end of December. New date is beginning of January, which they wont change, so as CAB is closed until then - I'm on my own.

I don't want to ramble on about the methodology at the assessment as I'll still be going on this time tomorrow, only to say that cannot believe they can justify it. When I was trained the golden rule in science was 'you get the answer to the question you ask'. Had I been asked the questions they have marked me on I would have scored about 13, not the given score of 1.

Can anyone help?

[honeybee13]

Hi Brighton Gal. Lots of people on this forum have been through what they doing to you, try not to worry.

 

Is this an appeal tribunal because you already appealed against the DWP decision and they refused to change it?

 

And have you been sent a copy of your Atos assessment? There is a section on the DWP website that explains how they do the scoring, I think, but several charity websites have the details. We need to find inconsistencies in the report [was it a computer-based one?] and also anything you disagree with.

 

I'm off out now, will check back later.

 

HB

[brighton gal]

Hi Honey Bee, thanks for your response.

This is my first appeal against the DWP. When I first received their decision to end my incapacity benefit, I wrote, setting out why I thought the assessment was incorrect and asked them to reconsider the decision. I also enclosed a medical certificate. This was rejected so my next step is this appeal next week. My doctor has given me another certificate stating that I have been unfit for work since August, but I dont know if they will want to see it.

My assessment covered both a physical and a mental health problem and the only conclusion I can come to is that the nurse who examined me and I were talking at cross purposes.

For example, physically, I am able to get out of bed, get washed and dressed. However, in reality, I may not get washed and/or dressed, or leave the house for days at a time but the response to the mental health assessment question

" Does he she need encouragement to get up and dress" states

" Gets out of bed without difficulty"

"Not depressed on examination"

Sorry, I'm rambling....

[ErikaPNP]

Don't fret about rambling - ramble away. The more information you can give, the better help that can be offered. I'm assuming that your grounds for appeal are that you feel their assessment of how your condition affects you is not a true reflection? If so, can you elaborate on this a bit more, please? What grounds did you give when you submitted your appeal?

 

Do you have any documents from your own healthcare professionals which directly contradict the ATOS assessment (or the other information in the bundle the DWP have sent you)? If you do have documents from your own healthcare professional, have you sent them to the tribunal service?

 

You say the CAB is closed, so you are on your own. Has the CAB been helping you up until now, and if so are they named as a "representative" in your appeal?

 

You might also find this leaflet helpful, if you don't already have one. It details the whole appeals process from start to finish.

[honeybee13]

Hi Brighton gal. How are you getting on?

[brighton gal]

Not great.

[RaeUK]

Hi brighton gal, when exactly is your appeal? There are many people on here who are going through appeals or have done so, as well as other people who are very knowledgeable. So a lot of help is available here, but you do need to tell us as much as you can. Erika has asked some important questions. I also notice that on page 6 of the leaflet she's offered you, there is a tele number for the Legal Services Commission Helpline. They may be able to get you support or point you in another direction. Have you spoken to your local council? Some offer a welfare rights service or they may know one in your area.

Best wishes.

Rae.

[honeybee13]

Poor you, being not great. Is there anything you'd like to discuss with us?

[ee-bee]

hi brighton gal,i know exactly how you must be feeling,but try to keep strong,theres a lot of people on this site that have gone through the appeals tribunal and its not as bad as you think,when is your tribunal?

[brighton gal]

WEll, today is the day. I will post later to say how it went and include anything that might help someone else who finds themselves in this position.

I would like to thank everyone who has offered me support and advice, both on this thread or by PM. Without meaning to sound 'mushy', I don't know where my head would be right now if I hadn't found you all. I've found encouragement to stay with it and practical advice on how to approach the appeal.

THANK YOU ALL.

[honeybee13]

Hi brighton gal, we're thinking of you today. Please let us know as soon as you can, fingers crossed for a good outcome.

 

My best, HB

[brighton gal]

Just got back from CAB.

They said "sorry, can't help you". I had asked if they would just look over what I had prepared or even tell me if I could ask for an adjournment, even though my request for a second postponement was refused. Still couldn't advise me. Told me that I was on my own with it. I know it ws a big ask to get them to help me at the last minute, but I'm still disappointed,

Good grief guys, I'm swinging between feeling helpless and then feeling really angry about the whole situation.

[honeybee13]

Hi Brighton gal. It's a shame about the CAB, but don't let that make you feel helpless. Trying to be charitable, the timing has been unfortunate for you, if they're had a long break over Xmas and the New Year, so this was short notice for them. And maybe their IB expert wasn't there.

 

What time is your appeal? You don't need to feel helpless, you have CAG on your side. I prefer 'Don't get mad, get even' myself!

 

Please post on this thread later, when you can.

[brighton gal]

Just got in. Won the appeal. Couldn't have done it without the help and support from this Forum, particularly from you HoneyBee.

Going to bed now, I'm exhausted. Will post more later (maybe tomorrow if I'm not up to it tonight).

 

Again, an enormous thank you.

[ee-bee]

i`m so pleased for you,well done x:)

[honeybee13]

Hi brighton gal, I'm thrilled for you and very proud of how you've kept going and coped with all this. That's excellent news!

 

Please tell us more about how it went when you are up to it, and sweet dreams. x

[RaeUK]

Hey brighton gal - or should that be 'bright one gal' now?

You have made my day hunni. It always gives me so much pleasure to read the posts of good news. And you, in particular make me so proud of this site. You had a mountain to climb and such a short time to do it. But you did it. Others on this site may have given you the ropes and crampons to aid you but you did all the hard work yourself.

I hope you sleep well and when you wake up give yourself a big pat on the back. You deserve it.

Rae x