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Tribunal Won - big thankyou


DiMoll
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Hi,

 

I would like to thank all of the people on this forum who gave me advice. My daughter won the case. it was a Mental Health case. She had been turned down completely and wasn't even in the WRAG group.

 

I took all the advice given, here, and wrote a statement. I picked out the statements that I thought she could gain points on and then provided evidence for each point. I added to the evidence some of my own observations and picked out the key words after reading the factsheet that Rethink Mental Illness 'WCA' had published. ( it is a factsheet that 'Rethink' have published to help people to fill in the ESA50) it is very good and gives examples.

 

I think that although it is for people with Mental illness that the advice it gives would help people with other disabilities because of the way it is explained.

 

I think it is important to remember that the Judge is only concerned about whether your claim for each area, actually fits the written criteria.

 

The doctor asked questions in such a way that my daughter was fooled into giving a straight yes or no answer. I have read that here before. I had to stop her and I asked her the same question in a different way. Example, the doctor asked her 'can you read?' my daughter answered 'yes'. The doctor mean can you read books for start to finish and that was what she had concluded from my daughters answer. I asked 'can you read a whole book from start to finish'. My daughter cannot concentrate to read a whole chapter or even a few pages, so obviously I got a different answer, but she can read.

 

The point that I am trying to make is that the Doctors job was to ask questions in such a way that it would elicit the least favourable answer from the person appealing.

 

The judge was nice and allowed me to ask the questions and to explain. I think it is a good idea to have someone with you or to even ask the doctor to clarify and break down the question so that you know what the question is aimed at finding out because the doctor is trying to trip you up. The doctor seemed to be very nice and you can get lulled into a false sense of security but she is there to stop you from winning and the judge can only go by what answer you give in response to the doctors questions.

 

If I can be of assistance to anyone then please get in touch. I may not be reading the group regularly in the next 3 weeks but I will have access to the internet if someone messages me.

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That's a result from thorough research by you, well done. :)

 

If I can be of assistance to anyone then please get in touch. I may not be reading the group regularly in the next 3 weeks but I will have access to the internet if someone messages me.

 

Advice by PM is not the way to go, I'm afraid. It should be on the forum so there is maximum input and advice is aired publicly. This is for the protection of all concerned.

 

My best, HB

Illegitimi non carborundum

 

 

 

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That's a result from thorough research by you, well done. :)

 

If I can be of assistance to anyone then please get in touch. I may not be reading the group regularly in the next 3 weeks but I will have access to the internet if someone messages me.

 

Advice by PM is not the way to go, I'm afraid. It should be on the forum so there is maximum input and advice is aired publicly. This is for the protection of all concerned.

 

My best, HB

 

Oh Sorry, I phrased that badly. What I meant was that if I received a message, the way that I received your reply ( your reply came straight to my email address) then I would log in and reply on the group.

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