Thanks for this... i have an appeal today and i've a feeling i might just need this

Finally, Rae. Good on you

Cheers Rae Is your's still ongoing?

Thanks folks, the form is already away, i just wondered if i'd done the right thing...

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

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...

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

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?

Are you saying it has no effect, so long as DWP/ATOS improve their methods?

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?

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!

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...

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.

Thanks for that