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The UKFibromyalgia Forums • View topic - Tribunal - Monday Morning!
Page 2 of 2

Re: Tribunal - Monday Morning!

PostPosted: Fri Sep 07, 2012 10:02 pm
by diane1
Hi folks

You state that you sent in reports from your consultants stating you couldnt work and that the panel at appeal went against this. Did the panel consist of a rheumy/fibro specialist as if it didnt and they have gone against his advise i'm sure you'll find its not lawful. How can a person not as qualified as the person who wrote the report on you dismiss his findings ? Its like one of us overturning the decision of the consultant, we arent medically qualified to his standard.

I would write to the ombusman stating just this as if its not lawful they will have to overturn their decision.

I dont think people think of trying the ombudsman (IT CAN BE QUITE A LENGTHY PROCESS) or if the panel who make the decion is as qualified as the consultant who wrote the supporting report.

Theres nothing to loose and I will be going down this route if my medical retirement is disallowed.

Good Luck folks.

Re: Tribunal - Monday Morning!

PostPosted: Sat Sep 08, 2012 2:24 am
by denys
Thanks for this Di I wouldnt have thought of trying that route, hopefully it could help quite a few members :-D :-D :-D

Re: Tribunal - Monday Morning!

PostPosted: Sat Sep 08, 2012 2:53 am
by Iceskatemum

Re: Tribunal - Monday Morning!

PostPosted: Sat Sep 08, 2012 10:33 am
by diane1
Morning folks

This only works if a consultant who specialises in fibro says your unfit for work etc and then a dr who isnt a specialist in thec field goes against it. Its like a teacher who specialises in say maths gives an answer but then an english teacher lets say goes against the maths teacher. They are both teachers but how can an english teacher know more about maths than a maths teacher.

If i dont get my pension i am going to do this at the advise of a solicitor.

Id call a fibro friendly solicitor first they will give you initial advise. I cant afford a barister but can just manage their services for a few lettrrs and advise.

If your still in work have you approached your local disability employment advisor at you local jobcentre. See the post DEA.

Good luck with it all.

Re: Tribunal - Monday Morning!

PostPosted: Sat Sep 08, 2012 4:25 pm
by Graciebaby
Hi Diane,
I sent a post last night replying to what you said, but for some reason it's not here!

Upon reconsideration, the DWP took the word of the Atos doc that carried out my medical examination.
The Atos doc advised that I would be fit for work in 18 months time. Despite being provided with a considerable number of consultants reports, both before and after my reconsideration, the DWP went with the opinion of the Atos doc. Apparently that is ok for them to do that.
It's then ok for the tribunal to take the word of the DWP regarding which group (or not) you should be in.
It doesn't seem to matter how much compelling evidence you provide, because if that was the case, a sensible view on my circumstances, mobility and health would have seen me (and many other claimants) placed in the support group.

I'm asking for a statement of reasons for the tribunal's decision because I can only assume they didn't see some of my evidence. Failing that, they can't possibly have read it. I'm wondering if they chose to disregard all the new evidence I provided which was only made available after the decision makers reconsideration that I remain in the support group.
I have been informed that they can base their decision on the info that was available when the original decision was made and choose not to take into consideration anything after that time (but apparently most tribunals don't do this)

It's all a complete nonsense because the DWP stress within all their correspondence that you should send them any new info about your condition as they may revise your claim. They are not remotely interested in seriously considering revising your claim or what you may qualify for, I sent them loads of info, much of it from consultants not GP's.

I would just like to know if the tribunal panel saw all my evidence, or rather, I would like to know if all my evidence was made available to the panel prior to their decision.

I feel bitterly sorry for anyone going through this process. I believe it is designed to be soul destroying.
No sooner have you sorted things out (or believe that you have sorted things) than you have to start the whole ESA50 form and Atos medical carry on all over again.

The only way to deal with this tribunal process is to employ somebody who really understands the law, such as a solicitor and how many claimants can afford that?

G. x