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Appeal tribunal next week
- Gordon
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14 years 1 week ago #35777 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal tribunal next week
Tribunals are by nature inquisitive rather than evidential, that means they spend a lot more time asking you about your illness and how it affects you than going through the all the papers that have been submitted.
I am an ME/CFS myself awaiting my appeal bext year.
My personal thoughts are to use the variation of the illness to your advantage. Remember that if you can't do something 4 days out of a week, then for the majority of the time you are unable to do it. Also if you can only do something once a day or would have to wait a long time before doing it again, then you are deemed as being unable to do it at all under the term "reasonable regularity".
Hope this helps and good luck
Gordon
I am an ME/CFS myself awaiting my appeal bext year.
My personal thoughts are to use the variation of the illness to your advantage. Remember that if you can't do something 4 days out of a week, then for the majority of the time you are unable to do it. Also if you can only do something once a day or would have to wait a long time before doing it again, then you are deemed as being unable to do it at all under the term "reasonable regularity".
Hope this helps and good luck
Gordon
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- Sassy
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14 years 1 week ago #35999 by Sassy
Replied by Sassy on topic Re:Appeal tribunal next week
Thank you all so much for your replies.
My nerves are still getting worse the closer it looms and it's triggered off my IBS and I'm really really poorly at the moment with stomach cramps and I can barely eat or sleep, but I'm determined to get there fight my case.
And to top things off, guess what landed on my doorstep Saturday morning?
Another ESA50. I was put in the WRAG in April and the nurse who did my medical said I would be fit to return to work in 6 months so I'm about to go through the whole ordeal of that again and that's now also playing on my mind. I've still only managed 3 of my 5 WFI's because I've been too poorly to attend!
Regarding my ESA50 - The form is asking me if I attend the hospital as an outpatient.
Because of my DVT I have to go to the Warfarin Clinic at the hospital every 3 weeks for a blood test. I'm literally there for 5 minutes for them to take my blood and then they ring me later on in the day with my results and to let me know if my dosage has changed. Would that classify as being an outpatient?
I'm hoping and praying I will be able to update you all on Wednesday with positive news!
My nerves are still getting worse the closer it looms and it's triggered off my IBS and I'm really really poorly at the moment with stomach cramps and I can barely eat or sleep, but I'm determined to get there fight my case.
And to top things off, guess what landed on my doorstep Saturday morning?
Another ESA50. I was put in the WRAG in April and the nurse who did my medical said I would be fit to return to work in 6 months so I'm about to go through the whole ordeal of that again and that's now also playing on my mind. I've still only managed 3 of my 5 WFI's because I've been too poorly to attend!
Regarding my ESA50 - The form is asking me if I attend the hospital as an outpatient.
Because of my DVT I have to go to the Warfarin Clinic at the hospital every 3 weeks for a blood test. I'm literally there for 5 minutes for them to take my blood and then they ring me later on in the day with my results and to let me know if my dosage has changed. Would that classify as being an outpatient?
I'm hoping and praying I will be able to update you all on Wednesday with positive news!
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- Gordon
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14 years 1 week ago #36005 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal tribunal next week
Sassy
I can't find a definition of "outpatient" at the DWP site, so there's no help from there.
Asking around, the general view seems to be it counts as an outpatient visit.
Like you, I have to have regular INR tests, but in my case the blood is taken at my Doctors but processed at the Oxford Blood Clinic, so I'm not sure whether outpatient covers me or not.
Gordon
I can't find a definition of "outpatient" at the DWP site, so there's no help from there.
Asking around, the general view seems to be it counts as an outpatient visit.
Like you, I have to have regular INR tests, but in my case the blood is taken at my Doctors but processed at the Oxford Blood Clinic, so I'm not sure whether outpatient covers me or not.
Gordon
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- originaldave
14 years 1 week ago #36012 by originaldave
Replied by originaldave on topic Re:Appeal tribunal next week
If you start here
www.ic.nhs.uk/statistics-and-data-collec...tal-care/outpatients
You might find out, but in general its someone who goes to hospital, not GP for tests, treatment or to see a dr but stays less than 24 hours
www.ic.nhs.uk/statistics-and-data-collec...tal-care/outpatients
You might find out, but in general its someone who goes to hospital, not GP for tests, treatment or to see a dr but stays less than 24 hours
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- Gordon
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14 years 1 week ago #36013 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal tribunal next week
Dave
I' sure you're right, but this is what the DWP think, not the rest of humanity.
Gordon
I' sure you're right, but this is what the DWP think, not the rest of humanity.
Gordon
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- DRAGON2009
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14 years 1 week ago #36016 by DRAGON2009
Replied by DRAGON2009 on topic Re:Appeal tribunal next week
They are insquitorial rather than adversarial. I do think the paperwork is of interest to the tribunals, in so far as how the claimant described their problems and the medical details in the paperwork, but it is the case that at the hearings their main interest is in getting to the facts and reaching their own view of the claimant
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