Tribunal Won - my experience to help others

[gladitsover]

My daughter claimed ESA due to severe IBS and depression. At the humiliating 10 minute meeting with the ATOS "health care professional" she was given 0 points & told her ESA would stop. She appealed and DWP 'decision makers' supported the ATOS decision. She advised DWP she would continue to tribunal on the grounds that the notes made by the ATOS nurse did not accurately (ie not truthfully) record the meeting & contradicted the assessment by her GP & specialist. I went with my daughter today to magistrates court. We were dreading it - never been in a court in our lives. We were seen first by usher then went in to room with judge & doctor to answer questions. All 3 were friendly and supportive and questioned us to get the facts they needed to make a fair assessment. In fairness both my daughter & I got upset at times but this was due to explaining the illnesses. We were told at the end that DWP & ATOS were overruled & we had won with 18 points. I was really helped by what had been posted on forums before we went in so I want to help others now...my daughter & I were both really stressed in the run up to the tribunal - wondering if we should give up or not but it was fair & supportive & the judge & doctor stressed they were completely independent of ATOS & DWP...it was a completely different experience to dealing with ATOS/DWP. My advice is...attach medical letters to support your appeal, explain how you believe you qualify for 15 points or more, take someone to support you / as a witness & just answer the questions on the day. There was nothing to fear in our tribunal & I would not hesitate to go again (even though I have not slept properly for ages dreading it). Hope this helps someone not to worry. Very best of luck. I won't print here what I think of the ATOS 10 minute checklist other than to say I don't see how any 'healthcare professional' (ours was a 3rd rate nurse) can ethically take part in such a corrupt & humiliating process.

[rds60h]

I would just like to echo your experience as far as the Tribunal is concerned, they are completely independent and so much more professional than ATOS and DWP.

My Tribunal bench consisted of the Judge, a Doctor and a disabled lady in a wheelchair and although they asked a lot of questions they tried to make me feel at ease as much as possible and asked on a number of occasions if I would like a break even though the hearing was not that long.

At the end they said they were adjourning to discuss things and asked me to wait outside for a while and after about 5 minutes I was called back in and informed that they had found in my favour and wished me luck for the future.

Neither ATOS or DWP turned up at the hearing, which I hear is a regular occurrence and suggests that they know they are in the wrong and are just trying to bully people into not claiming and do not want to be questioned about how they have arrived at their decision and then be publicly criticised for their actions.

[smashedsanny]

Well done on winning, Mine is in 10 days and its to do with DLA I was on a great forum before but my pc had to go in to the shop to get fixed and all my info was wiped, I am hoping it was this site,

I need help if any one can give it as to where is the best place to look of section 10 of the social security act 1998 6 (1)and (2)(a)(1)of the social security and child support (decisions and appeals)regulations 1999 reg 7(2)©(ii) or is it better going to the library.

Again so sorry for asking on your thread

question was your daughter examined on the day thanks xx

[**Margaret**]

:smashedsanny:

 

All the legislation you're after is readily available on the site below, but it's quite hard going cos the different bits have to be cross referenced and read in context.

 

http://www.legislation.gov.uk/

 

A tribunal panel for disability living allowance comprises three members. The judge, a doctor, and a third member who has personal experience of disability issues.

 

An appellant for disability living allowance can't be examined by the doctor during an oral hearing. Should the tribunal panel not be able to make a fair decision without further medical evidence they'll adjourn. Usual option then, is to ask the appellant's healthcare professional for a report. Or (doesn't happen very often) the judge can give directions for a full medical examination by Atos or an independent doctor.

 

If you're able to tell us whether this dispute is about eligibility for disability living or an argument about dates/a new decision of reduced entitlement, we may be able to offer more specific advice. In the meantime, you may find the later chapters of the booklet below useful.

 

http://www.justice.gov.uk/downloads/tribunals/social-security-and-child-support/forms-and-how-to-appeal/HTA_English_Final_rev.pdf

 

Best wishes, Margaret.

[smashedsanny]

Hi thanks for your response, Margaret I am in Scotland is it different.

[gladitsover]

question was your daughter examined on the day thanks

 

Hi there...no, not at all...it was just a question / answer session, with the doctor asking most of the questions....reviewing the info supplied in the tribunal pack & further summary we took with us on the day

 

very best of luck

[JonBris]

Wow they were absolutely horrible to me and I lost. And it is not like I can work as even the Job centre guy now clearly sees I cannot work and I am clearly going to be on JSA forever.

[**Margaret**]

:smashedsanny:

 

Scotland's first tier and upper tier social security and child support tribunals are administered by the Courts and Tribunals Service for England and Wales. For now, it's a unified system governed by the same rules and regs.

 

Margaret.

[Mark_Hughes]

I believe the logic is this simple; over 20% of people who atos refuse esa simply, as far as any kind of incapacity-related benefit is concerned, 'disappear'. That is to say, they go onto, for example jsa. Then atos' work is done and they can collect their bounty. So, statistically, it quite literlly pays them to more or less refuse everyone. They rarely oppose appeals, apparently, and lose 44%+ of all appeals.

[honeybee13]

I'm not defending Atos by any stretch of the imagination, but just to make the point that the DWP makes the decisions about benefits. And the DWP are responsible for appeals and tribunals.

 

Atos carry out assessments in the prescribed way.

 

HB

[Grotesque]

As in...

 

[richardscanlon]

Dear HB. What a load of cobblers, Atos have lied through their teeth on many occasions and been caught out doing so. ATOS may not make the decisions but they fill in the assessment that gives the points which in turn is what the DWP work on when deciding on your entitlement to ESA. Both the DWP and ATOS are complicit in this web of deceit.

Edited March 28, 2014 by richardscanlon
need to identify who it is aimed at

[Grotesque]

Both the DWP and ATOS are complicit in this web of deceit.

 

Dear RS. Honeybee never actually said otherwise.

[richardscanlon]

Dear RS. Honeybee never actually said otherwise.

 

I never said she did but the inference that ATOS have clean hands in this matter is quite apparent. They are now withdrawing from the WCA rather than been used as the government scapegoat but they have already set up 2 new companies to take on assessment roles.

[Grotesque]

Absolutely fare point. I think HB was been quite subtle and moullding hher language to the context. 'Atos carry out assessments in the prescribed way' rather implies that the prescribed way is fundamentally faulty, and therefore the fault is carried down.

[tommy456]

Atos healthcare paid by the government to carry out the sharade AKA WCA The DWP a Government agency, These are the Tools that The eton toffs in government use to persecute the sick & disabled