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Appealing, the Tribunal & Mental health

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12 years 5 months ago #70119 by greeneyedlad
Appealing, the Tribunal & Mental health was created by greeneyedlad
in ur guide for making an appeal there is an example of wording a sample letter on challengeing the DWP’s opinion on the definition of various terms used in the work capability assessment. point 5 says;

5. Because of my severe depression I am unable to motivate myself or
concentrate sufficiently to undertake any tasks such as dealing with bills,
renewing insurance, getting a new MOT for the car or making and keeping
appointments. My partner undertakes all such activities and it is my partner
who has composed and typed this submission on my behalf as I would not have
been able to do it.

what worries me is that because my illness is on mental health & depression mainly, when it comes to the actual Tribunal the very fact that I am together & presentable, motivated & organised with my arguments for the appeal that this would then go against me. do you understand what i mean? Its kind of contradicting my own argument!

Derek4, forum moderator said in thread "CFS moving from IB to ESA" "As far as mental health problems are concerned - fill in your own form and you are considered by Atos to have excellent concentration and motivation. You could potentially lose points for learning tasks, sustaining personal action and coping with change."

r there any members with depression/mental health that have gone to Tribunal that could share there experiances with me & offer any advice?

many thanks

martin

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  • RachelPotter
12 years 5 months ago #70122 by RachelPotter
Replied by RachelPotter on topic Re:Appealing, the Tribunal & Mental health
Hi Martin, I got 6 points at my last medical assessment and appealed. My problems are mainly mental health.

The GP at the tribunal did grill me but he and the judge were trying very hard to fit my problems to descriptors.

This is the most important thing you can do IMO; explain why certain descriptors apply to you.

I walked in dressed and appearing as I do any other day of my life. So, just be yourself!

People are always saying to me, 'you look well'! It is a hazard of hidden illnesses I'm afraid.

Good luck,
Rachel

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12 years 5 months ago #70125 by Derek4
Replied by Derek4 on topic Re:Appealing, the Tribunal & Mental health
greeneyedlad wrote:

Derek4, forum moderator said in thread "CFS moving from IB to ESA" "As far as mental health problems are concerned - fill in your own form and you are considered by Atos to have excellent concentration and motivation. You could potentially lose points for learning tasks, sustaining personal action and coping with change."

Hi Martin

Many claimants have scored zero points at an Atos assessment only to have their score upgraded to 15+ at the tribunal.

Unfortunately many ESA85s, which are computer generated, have the statement completed ESA50 without difficulty used to justify denying points for the descriptors. But tribunals are not generally as crude in their assessment of claimants.

Although tribunals are entitled to make observations about you at the hearing they look at the totality of the evidence, and most importantly what you have to say. The whole point of having a medical member on the panel is that he/she should have some understanding of your condition and realise that you can look well, without actually being well - unlike the advice that Atos doctors are given in their handbook.

I'm afraid I had a negative experience at a tribunal hearing (suffer from mental health problems) regarding my appearance and presentation but that would not worry me if I had to attend another hearing because every tribunal hearing is different. If you search the forums you will find a mixture of experiences at tribunal hearings.

I agree with Rachel's advice to just be yourself. You can never second guess what conclusions a tribunal will draw, if any, from your presentation so it's completely out of your hands.

Hope this helps and good luck

Derek

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12 years 5 months ago #70166 by greeneyedlad
Replied by greeneyedlad on topic Re:Appealing, the Tribunal & Mental health
thank you Rachel & Derek

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