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Appeal - Whether to send a submission or not

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12 years 3 months ago #94436 by Jan57
Thank you both - Bro58 and Gordon !! both earned Golden Stars
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  • bro58
12 years 3 months ago #94437 by bro58
Hi J57,

I hope Gordon and I managed to cover all your questions between us. :laugh:

bro58
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12 years 3 months ago #94440 by Jan57
Gordon, yes your right, written as a daughter, I'll leave that to
her, thank you so much, sorry for lengthy forum, take care, and your
time is appreciated in reading, thanks to Bro58 and all Mods, have sent
Pete a response too, Kind Regards to all, Regards J
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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 3 months ago #94443 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Appeal - Whether to send a submission or not
With respect, we are not a welfare rights agency, so cannot give advice or whether to not to send a submission.

As the site owner, Steve Donnison has explained in the past, we can only provide information, not specific advice due to legal reasons.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 2 months ago - 12 years 2 months ago #96063 by Jan57
Hi to all, just to let you know outcome, I failed at my appeal for SG (IB-WRAG)
wished to thank B&W for guides and info which assisted me along the route, and to get me to the appeal - thank you.
I still cant understand from filling in my ESA50 form, how without any medical or access via GP to medical records, how no one has checked anything, or used time at the appeal to explore or question further ?
My experience I feel my lack of medical evidence was weak
(on checking with my GP 3 weeks prior to appeal, no one had access or request anything since 2008)?
I was very upset and distrissed throughout the hearing, as I was not allowed/given any time to ask anything, the poor GP at the appeal, looked embarassed throughout and barely managed to ask 3 questions, very stringy ones at that, the solicitor was totally dominent throughout
10 minutes late for appointment (at 10am) think I was first in.
Professional Clerk apologised - Panel need time to read papers
Next 10 mins maybe more, listened to Sol about Jobcentre, WFI's etc and all about WRAG group and meaning (a bit too long)
Sol stated not had time to read all papers just a few notes as some was repetative.
My husband spoke two words (to finish a sentense as I was stuttering) and he was immediately told to stop, as Sol cannot write if two people are talking at the same time (not).
Solicitor carefully (not asked) but made suggestions re health and finally the last few mins, I felt was when the GP made an effort (more like, given a brief opportunity to cover) to ask a questions re health
ie 1) only 2008 only (?) diagnosed Depression from copy of Patient Medical report, my reply was copies of old and new scripts dating last 10 yrs supplied confirmed anit- depressants, as well as a Pyschiatrict Report, despite being old report was provided to dismiss any self diagnoses
the sol continued (wasted time) asking why the report was made and if/how much compension etc (irrelevant questions I felt)
I dont know why, but all I could do was cry, and kept apologising that maybe I hadnt explained properly on my form,
but he kept butting in to cut me short to ensure I wasnt going to either
Sol was very frustrated and he was clearly annoyed, and slapped hand down on table, he said to me
'I will stop the appeal if you don't pull yourself together', or similar meaning words, I felt his meaning was 'If you dare speak - I will keep your down'

Never stood a chance or given an opportunity to ask anything, during the appeal hearing and I was disappointed.
Waiting for the result (where I noticed the Clerk did not go in or out of the room whilst we were outside waiting) I feel my result was pre printed anyway.
The sol said to me that I was a very honest person
that I had many varying conditions
that this appeal was not to decide if I was fit for work
and he did repeat this twice
My husbands comments to me afterwards were, the worst case of Bias and not independant he'd ever witnessed (a respectful man of few words, but he's alwasys right, whether I agree or not ha after 30yrs, have learnt to listen when he does speak)
Hubby is an advisor for a charitable organisation (and experienced of dealing with judges - in court, rep public)
Overall, the appeal was not an experience I felt was fair, irrespective of the outcome
DLA - I have been trying for months to complete, but delayed due to the ESA and appeal process (stressful), (and struggling with getting medical evidence for support) so I must learn from this experience and try and improve.
Your guides and advice is absolutely invaluable, I have no interest in Xmas, but to go through my DLA form again and try and get the black and white medical evidence needed to support, meanwhile, I just wanted to thank you sincerely, I am still in the WRAG group (ridiculous) but need to concentrate on my DLA process starting with docs next week to ensure all my medical files and notes are up to date, in between attending the tittitus clinic, ENT clinic and waiting for appt with my Neurologist, and not to get stressed.
Thank you all, for the information and guidance you give to people like me. Hope you manage to get some rest yourself, thank you for your dedication to this invaluable website, and kind regards to Peter who was in hospital. Sincerely Jan
Last edit: 12 years 2 months ago by Gordon.
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12 years 2 months ago #96064 by Gordon
Jan

I'm sorry that this has not turned out the way you hoped.

There are several points in your post that raise concerns, but I need to stress that these are procedural issues and do not go towards whether you should have been placed in the Support Group.

You say that, what I assume was the Judge, had not read your papers until immediately before the hearing, and by their own admission, had not read all of them.

You also say that he did not allow you to complete your answers to his questions.

It is possible that these could be construed as an Error of Law, see

What is an Error of Law?

And as a result you may be able to get the Decision Set Aside, the first satge to this is to request a written Statement of Reasons.

Tribunals – Requesting a Statement of Reasons

I need to stress that these are not matters that we can advise on in depth, you really need to get face to face advice from a trained advisor, try Googling "welfare advice" and your town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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