Fuming

sbolam
sbolam Member Posts: 374
edited 2. Jul 2013, 06:42 in Living with Arthritis archive
just got the statement of reasons back from the tribunal service and according to the Judge I am exaggerating my condition. (what) yes, so the fact I am taking tramadol and co-codamol and on waiting list for surgery and totally ignored most of what I said and no mention of my friends points he raised..

now waiting to see if I can appeal to the upper tribunal..

absolutely fuming.. spitting fire :cry:
04_pain.jpg

Comments

  • dreamdaisy
    dreamdaisy Member Posts: 31,557
    edited 30. Nov -1, 00:00
    It's a tricky thing, isn't it? I expect everyone they see is taking cocos and trammies, so to them that's no great indicator of pain levels or what one can or cannot do. You must know from your reading on here that this is par for the course, I think it may be a way to test the mettle of those who are applying, ergo if you pursue it that adds weight to your claim. Did you also present evidence from your doctors apart from the fact you are awaiting surgery? DD
    Have you got the despatches? No, I always walk like this. Eddie Braben
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    I submitted what evidence I could gather at the time, (not enough so it seams), however I have reapplied for ESA and got hospital letters physo letters, doctors letters as well as supporting evidence for regulation 29/35.

    it was a real struggle to get all this, its just a shame it took me having a breakdown during my GP appointment to get them to help me.

    its almost as if they are blaming you for getting ill and needing some help..

    I will also be requesting that the medical be recorded. as the lies they told last time was just staggering

    stephen
    04_pain.jpg
  • tkachev
    tkachev Member Posts: 8,332
    edited 30. Nov -1, 00:00
    Stephen that is awful. They could say that about anyone couldn't they but it makes a mockery of your forthcoming surgery doesn't it? I think they are trying to match up symptoms with ability to see if they can catch people out but I cannot see how they can deny you are prescribed strong medication and having an op!

    Hopefully you will be able to proceed with the upper tribunal.

    Elizabeth
    Never be bullied into silence.
    Never allow yourself to be made a victim.
    Accept no ones definition of your life

    Define yourself........

    Harvey Fierstein
  • bubbadog
    bubbadog Member Posts: 5,544
    edited 30. Nov -1, 00:00
    Hi Stephen, I will keep my fingers crossed for you that you can get to appeal to the upper tribunal.
  • DebbieT
    DebbieT Member Posts: 1,033
    edited 30. Nov -1, 00:00
    I'm so sorry ure going thru this Stephen. It's such a common theme with ATOS unfortunately :( As uve reclaimed be aware you can't appeal without losing ure money now ... You have to ask them to look at the claim & decision again as they've changed the law to close a 'loop hole' as so many claims are overturned on appeal, such a joke :(

    You can use this letter for ure GP if ure put in WRAG again;

    To whom it may concern,


    I am this patient’s General Medical Practitioner and the custodian of the primary medical records they have accumulated during their lifetime in the UK.

    Following a recent Work Capability Assessment this patient, in contradiction of my own knowledge of the patient over time, clinical assessment and medical certification,


    was found fit for work
    or

    was placed in the WRAG (work related activity group)

    The patient’s Past Medical History and current problems include:

    1
    2
    3
    4
    5

    Although this person has been deemed “fit for work” I am of the opinion that exceptional circumstances Regulation 29 may apply.

    Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work. (Regulation 29)

    Or with regard to the WRAG group decision that regulation 35 may apply:

    Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity. (Regulation 35)

    I am of this opinion because:





    I disagree with the outcome of your assessment and support my patient in their appeal against your decision.



    Yours sincerely


    Good luck.x
    Healing Hugs
    Debbie.x
  • barbara12
    barbara12 Member Posts: 21,129
    edited 30. Nov -1, 00:00
    Stephen that is awful...I can only imagine how you are feeling..some good advice off Debbie so you go for it and I do wish you well..and please let us know how you get on.
    Love
    Barbara
  • DebbieT
    DebbieT Member Posts: 1,033
    edited 30. Nov -1, 00:00
    The advise is borrowed from black triangle ;) They're an amazing resource for anyone with ill health. x
    Healing Hugs
    Debbie.x
  • frogmorton
    frogmorton Member Posts: 26,869
    edited 30. Nov -1, 00:00
    Oh Stephen

    You poor thing! I can imagine how you must be feeling. I hope you will continue with your appeal and WIN.

    Right behind you and like Barbara anxious to hear how it goes.

    Love

    Toni xxx
    Love

    Toni xxx
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    thank you everyone for your support, I have quoted safely reliably and repeatedly, all through the ESA50 form and aswell as the letter from the hospital and doctor I have also sent in a letter from me quoting regualion 29 about if I do not meet the descriptor points I should still not be found fit for work as I am at risk of falling, (added photos of bruises from where I have fallen).

    I would have done this first time around if I had know of such things. they kept this one very quiet.

    and with regards to my appeal. I don't think there is much I can do as they believe they wont take new evidence as I can only appeal on a point of law regardless of the facts.

    I must admit though its been a very tough few months, with struggling to see the point. if all I seem to do is fight for everything and even with proof from doctors and such they don't believe anything you say.

    stephen
    04_pain.jpg