Dwp medical - ** WON **

[grahamdavid31]

Hello all,

I have written back to the tribunal service, asking for statement of reason. (My tribunal gave me 18 points) I have supplied further evidence of serious errors at my ATOS Medical and complained that my tribunal missed vital evidence from that Medical. Asking tribunal for a fresh decision. I, have now complained to my MP and asking him to investigate further for me. I let the DWP know via letter. Will just see what happens. Getting very down with the whole process now. Still think that in the end the job centre awaits me. Will give it one last push to highlight their mistakes. Feel like I am the one in the dock all the time as so to spreak. I do believe the DWP are just wearing people down until they finally give in. In any case,if you heard the news, all benefits are being scrapped soon to be replaced by the universal benefit. I have contacted my local radio station, as they are interested in mental health matters and whats happening at the moment with the benefits. Its ok, it will not go out on air. I, do feel like contacting a national newspaper. But thats just pie in the sky.

Best wishes to you all

Edited September 20, 2012 by grahamdavid31

[**Margaret**]

:Hiya grahamdavid31:

 

You've asked for the full statement of reasons. So far so good. Unfortunately, you can't just ask the Tribunals Service for a fresh decision. You have to make a formal application to the first tier tribunal for leave to appeal to the upper tribunal.

 

If, having read the full statement of reasons, you want to continue to the upper tier you'll need; specialist advice from an experienced benefits advisor or welfare rights solicitor and nerves of steel.

 

Good luck, whatever you decide, Margaret.

[fightingback99]

Thought I'd also mention being in the WRAG group doesn't mean you'll automatically be forced into applying for work. Some people have their WFI interviews done over the phone as the advisor can see they're not fit or ready for them at the first meeting. Many people are in the WRAG group and their experience isn't always negative. To try to put it into proportion remember people tend to post on forums for advice where they encounter a problem, we don't tend to get posts where someone is in the WRAG group and finds it ok.

 

Only people with a prognosis of less than 3 months I think usually start being 'pushed' towards some job seeking tasks like doing a CV. The other times where it has occasionally happened is usually due to lack of experience/knowledge on the WFI advisors part, which can be put right.

 

Try not to worry or stress too much and also wish you good luck with wahtever you decide to do next.

[geoffthechef]

I had a wrag interview yesterday at the jc and the lady took one look at me and said "i will phone you in 12 months time, I will never be able to work with you to get you in work" and you really should be in the support group" after ten minutes the interview was over after she had finished typing...not the ordeal i was dreading.. She wished me well and was very polite...

[Lilythepink]

They are in the same situation, I said that they are turning people away, because they are too ill. That is brilliant news though, pleased for you. They have a hard job to do, and sometimes they understand and they are stuck in the middle of all this nonsense.....

[geoffthechef]

She also said she had never met anyone who had scored 36 points and was in wrag...She also said if you need any help whatsoever with anything that i should phone her and she would try and sort it..I jokingly asked her to attend my tribunal with me..her answer was "i wish"...restored my faith a little..

[Nystagmite]

Do you know if you meet the criteria for support group?

[geoffthechef]

Yes..i have cab helping me..i have also had dla cut to lc/lm from hc/lm but was refused dla at first then they changed just days before tribunal...resubmitting for dla after six months..I have big neuro problems and need another op..my tenth.. Awaiting a emergency appointment with a neuro after a recent scan..Such is life..

[Lilythepink]

This government is truly the worst we have ever had, and they are wasting money, instead of trying to get people jobs, that can work. Good to hear that you are getting somewhere with it all. I am still on a waiting list since May for counselling, so am very frustrated, and no money to pay the mortgage....

This forum is the best forum I have seen, and continually use it for advice....

[grahamdavid31]

Hello All,

After wining my tribunal (18 points) Work group. I have written to the tribunal service for statement of reason and asked for another hearing.

The Job Centre have written to me and are aware of another appeal coming up.

My main reason for complaining since tribunal is the reason that the ATOS doctor missed alot of my health conditons and that reflected at my tribunal.

I have my MP involved, and he has also written to the tribunal service for reasons why my health conditions were missed.

Best wishes to you all

[honour2012]

That is where we are at at the moment on 29th Aug had ATOS medical got 39 points dr basically said what are you doing here, next day had DLA tribunal panel said you have no problems, so we are waiting for statement of reasons to see if there is an error of law to take to the upper tier. Have a benefit welfare advisor helping us we are just deciding whether to apply again as been told about the 6 month rule any future claims are knocked back in the 6 months after tribunal.

[grahamdavid31]

I,wish you well. Very serious that the ATOS Doctor gave you 39 points and the tribunal nil. Go luck waiting for for statement of reasons. I have involved my MP, who has written to the tribunal service on my behalf. Will just have to wait and see like you.

In the long run, I may well make a fresh claim again for ESA after six months, if things do not work out.

Best wishes Graham

[Nystagmite]

I,wish you well. Very serious that the ATOS Doctor gave you 39 points and the tribunal nil.

 

The nil points was for DLA; which is a different benefit.

[honour2012]

hi thanks for the replies sorry did not make myself clear the DLA tribunal were horrid said with all my aids I can do what eveytone else can which is not true still need all the help just not so much lifting for my wife. We have got the MP involved also, told today tribunal have asked the judge twice for the statement of reasons but not arrived yet tribunal said they will give her until Wednesday, then they will ask judges boss. Just out of interest is 39 a high score for ATOS medical or is that average. Thanks in advance for any replies

[grahamdavid31]

I would keep in contact with your MP and give him/her as much information as possible, if they have contacted the tribunal service on your behalf.

I think 39 points for ATOS medical is quite good. I,would keep in contact with the tribunal service yourself to see how things are coming along. I have found them quite helpful on the phone. My MP has contacted the tribunal serivce on my behalf, but warns me that it could be at least six weeks before he expects a reply. My best wishes to you.

[honour2012]

thanks for the reply got the statements of reasons today have not attempted to read it yet. Seeing benefit caseworker on the 8th October to discus this and whether to put in a fresh claim, will be seeing the MP on the 19th all go isn't it my best wishes to you too we can only hope we both have a positive outcome. Ill keep you all informed of progress.

ps I have always found the Tribunal Service helpful, just not the panel.

[grahamdavid31]

Go to see things are starting to move in the right direction.

Best wishes Graham

[geoffthechef]

Update....

 

Just had a scathing tribunal ruling....They decided before we went in and the papers allowing the appeal were on the desk when we sat down...

They did not hold back and have noted their dissatisfaction with the dwp for letting the case get near them..36 points awarded and put in wrag after assessment.

Appealed for support group and many doctors from top neurological hospital wrote letters of support which were given on assessment and copied to DM...

Had a proper judge and a doctor who knew much as after they announced the decision the doctor asked about condition and its progress and congratulated me on providing some very good reports which they found helpful..

[Lilythepink]

Brilliant

[geoffthechef]

Brilliant

 

Thank you..I was lucky as the 12 months of contribution esa was due to end in 4 weeks and we would not of got a penny after that...So it was a well timed decision...