Unsuccessful Tribunal Hearing

Thank you very much Jim. That's very helpful.

Hi Georgina
I can't give any advice re the Upper Tribunal specifics except to say that I also have ME/CFS not bedridden and am about to have my Medical Assessment.

I have carefully written my paperwork and tried to quote from their own words which I think is always helpful.

There was an Addendum written this year which i am assuming has been properly accepted, following the Work Capability Assessment Internal Review by the Chief Medical Advisor in March 2010. In it there were changes in some of the descriptors re mobilising and standing and sitting with regard to fluctuating conditions.

"An individual who has a fluctuating condition may have completed and activity but could not do so again due to a range of symptoms such as fatigue, which may not be considered discomfort. To address this, exhaustion should be added to the definition.
An individual must also be able to repeat a task. If after doing an activity once, and individual cannot repeat it within a reasonable time then they should be considered as unable to carry out the activity at all"

I have based my replies on this difficulty of not being able to do something repeatedly.

I hope that I am right in thinking this addendum is now part of the accepted wording, but hopefully a moderator can put me right on this if I am not.

Sorry to be so late replying to you Mermaid. Things have been a bit harrowing lately. Logically all that you say should help you, and I hope it has/does, but my experience was that the tribunal weren't to be swayed from their own opinions and they were very sneaky in the way they put questions. Just remember that ANYTHING you say or do from the moment you leave your transport to and from the hearing, will be assessed. If you are likely to get tired and confused then I strongly urge you to take along a representative.
Since my appeal was turned down my condition has deteriorated because of the stress of everything. I sincerely wish you the best of luck whatever the outcome.

Really sorry to hear about your story Georgina.

I too have CFS/ME and had my atos medical this week. I understand completely about what you're saying in regards to the condtions fluctuation and how you have to pace etc. I think the questions for us completely miss the point, I didn't find this website until after my medical unfortunately. I expect to fail my medical and have to appeal, but we'll have to see.

Where are you currently upto with this, if you feel like explaining.