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tribunal summons and no bowel control

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13 years 11 months ago #36664 by cdcdi1911
Replied by cdcdi1911 on topic Re:tribunal summons and no bowel control
lisa wrote:

Help,
can anyone advise, had a tribunal letter to fill in for attending tribunal, even though got 15 points.
been put in the employment group where according to the news if you dont get to job centre appt or an interview found for you you will get struck off and loose 3months benefit, and then maybe 3 years. appealed due to conditions for support group, dwp/job centre said no, have to appeal and go to tribunal - letter received today which has to be sent back within 14 days.

problems are; crumbling spine,degenerating discs, tinnitus from chemotherapy, gallbladder complications resulting in diarea uncontrollable and 10-15 times in 24hrs extreme pain, all supported by xrays medical letters.

i cannot get to appt when they send it as i will be pooing in a taxi, get to the interview and be covered in poo, and then no taxi is going to let me in it like this due to diarea and smell.

i would have thought this would be against health and safety allowing or making someone travel turn up in this condition, besides who is going to clean me up or the floor/seats in the dwp ?

please advise, this has got to be a case of making someone endure more than is allowed re personal dignity. do the dwp staff have no idea what it is like to just have your bowels open and with spine issues it is impossible to move with speed to get to a toilet, most of the time it is a case of lie on the bed with towels and let it happen yet they want to make me go into the publiclike this, even on a bus if they wont get me a taxi.

help please

(Minor edit - please see our faqs if you are unsure why the phrase has been deleted.)

Hi Lisa

Are you referring to the tribunal hearing or a JCP or other interview?

Derek

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  • lisa
  • Topic Author
13 years 11 months ago #36696 by lisa
Replied by lisa on topic Re:tribunal summons and no bowel control
I have had a letter saying it has to be returned in 14days saying i am appealing or i am accepting their decision.

all the consultant letters xrays were taken to the atos interview, i struggled there after not eating for 2 days to emptymy system and over dosed on imodium.

during the interview the atos doctor ignored everything as although i got 15 points the reason i am not in support but in esa is as follows:

the atos doctor said, though my spine was crumbling and the disks degenerative causing the intense pain - i could still work lying down as i can use my arms therefore an employer should be willing to make arrangements for me to to work in an office in a horizontal position.

he then added that the tinnutus and balance loss from chemo would be alleviated when lying down and distracted with work chores.

when he heard the bowel issues are associated with the back disease i have and the liver/gallbladder problems his response was- increase the immodium and if the situation is eased by not eating then do not eat until you return home in the evening.

he also said that as it had been mentioned to me about my condition was not curable but i could opt to try an operation to have my verterbrays broken and replaced with plates, I should have opted for this operation regardless of the fact it may not be successful and may result in paralysis.

he added that the bowels issues can be overcome these days as employers are encouraged to take on disabled people so provision could be made regarding toilet facilities.

when i spoke to job centre, and asked them, so i have a cv of 30yrs, you could get me interviews based on my career history, but what happens if i go to the interview and my bowels leak, poop is seeping through my clothes, running down my legs, the smell begins and then the seats and floor in an office are soiled, who will pay to clean up an employers office and what will happen to me when 3 months job seekers expires and you have not got me a job? they did not know the answer and that is when they said they would send my case to appeals - even with 15 points.

when i saw in the paper that Wagner (xfactor) was(is ?) claiming for an arm in a sling while being able to sing on the xfactor I cried, because here i am in agony, spine crumbling away, no balance, pooping with no control etc and the dwp/job centre are not letting me have any dignity. they want me to either get on a bus in this state, or get me there by taxi knowing that when i am in this state i have no hope in hell of getting home as no taxi is going to allow a passenger who smells of poop and is covered in their own poop that is still leaking.

this is all wrong, like i said i wish uthanasia was allowed in the uk, these atos forms, tribunals are causing so much stress over this.

surely there must be some legislation/rule that says this kind of thing is a health and safety issue where the public are at risk,so why are they doing this. they had the proof it is now a case of the job centre going on what this atos doctor said - this atos doctor has got to be joking when he said employers can accomodate pooping issues such as allowing me to work on a commode or even lying down ?

at my wits end now, i would definately sign up for the equivalent of national service in afghanistan if it were an option, though i would not be fit to join - a double standard - in my condition would willingly take a bullet on the front line rather than keep suffering from the pen of atos

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13 years 11 months ago #36706 by Gordon
Replied by Gordon on topic Re:tribunal summons and no bowel control
lisa

There are clearly a number of aspects to your case that make it difficult for us to help you effectively from this forum, you should seek face to face advice from your local CAB or a Welfare Rights Oficer.

The letter you mention, appears to be comfirmation of your request to appeal, you need to compete the enclosed form and return it within the 14 days to the Tribunal Service or your appeal may lapse.

You shouldn't worry about job interviews, etc. as you are in the WRAG and only required to carry out "work related activity". You are not required to seek work or to go to for any interviews.

Based om the ATOS doctors comments.

the atos doctor said, though my spine was crumbling and the disks degenerative causing the intense pain - i could still work lying down as i can use my arms


I would be tempted to lodge an official comlaint with ATOS, to my mind this strikes a new low for ATOS. That said, this is not a decision you should make without taking proper advice.

Things are not as bad as they appear, but you do need to get proper advice and support to help you move forward with your appeal.

Gordon

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

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  • originaldave
13 years 11 months ago #36707 by originaldave
Replied by originaldave on topic Re:tribunal summons and no bowel control
lisa wrote:

I have had a letter saying it has to be returned in 14days saying i am appealing or i am accepting their decision.

all the consultant letters xrays were taken to the atos interview, i struggled there after not eating for 2 days to emptymy system and over dosed on imodium.

during the interview the atos doctor ignored everything as although i got 15 points the reason i am not in support but in esa is as follows:

the atos doctor said, though my spine was crumbling and the disks degenerative causing the intense pain - i could still work lying down as i can use my arms therefore an employer should be willing to make arrangements for me to to work in an office in a horizontal position.

he then added that the tinnutus and balance loss from chemo would be alleviated when lying down and distracted with work chores.

when he heard the bowel issues are associated with the back disease i have and the liver/gallbladder problems his response was- increase the immodium and if the situation is eased by not eating then do not eat until you return home in the evening.

he also said that as it had been mentioned to me about my condition was not curable but i could opt to try an operation to have my verterbrays broken and replaced with plates, I should have opted for this operation regardless of the fact it may not be successful and may result in paralysis.

he added that the bowels issues can be overcome these days as employers are encouraged to take on disabled people so provision could be made regarding toilet facilities.

when i spoke to job centre, and asked them, so i have a cv of 30yrs, you could get me interviews based on my career history, but what happens if i go to the interview and my bowels leak, poop is seeping through my clothes, running down my legs, the smell begins and then the seats and floor in an office are soiled, who will pay to clean up an employers office and what will happen to me when 3 months job seekers expires and you have not got me a job? they did not know the answer and that is when they said they would send my case to appeals - even with 15 points.

when i saw in the paper that Wagner (xfactor) was(is ?) claiming for an arm in a sling while being able to sing on the xfactor I cried, because here i am in agony, spine crumbling away, no balance, pooping with no control etc and the dwp/job centre are not letting me have any dignity. they want me to either get on a bus in this state, or get me there by taxi knowing that when i am in this state i have no hope in hell of getting home as no taxi is going to allow a passenger who smells of poop and is covered in their own poop that is still leaking.

this is all wrong, like i said i wish uthanasia was allowed in the uk, these atos forms, tribunals are causing so much stress over this.

surely there must be some legislation/rule that says this kind of thing is a health and safety issue where the public are at risk,so why are they doing this. they had the proof it is now a case of the job centre going on what this atos doctor said - this atos doctor has got to be joking when he said employers can accomodate pooping issues such as allowing me to work on a commode or even lying down ?

at my wits end now, i would definately sign up for the equivalent of national service in afghanistan if it were an option, though i would not be fit to join - a double standard - in my condition would willingly take a bullet on the front line rather than keep suffering from the pen of atos



ask your GP to send you to St Marks near Nantwhich Park London they are the UKs top hospital for bowel problems and are the best

www.stmarkshospital.org.uk/

St. Mark's Hospital is a national and international referral centre for intestinal and colorectal disorders they would be able to say what they could do for you, and support your case.

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  • pete17971
13 years 11 months ago #36712 by pete17971
Replied by pete17971 on topic Re:tribunal summons and no bowel control
lisa wrote:

I have had a letter saying it has to be returned in 14days saying i am appealing or i am accepting their decision.

all the consultant letters xrays were taken to the atos interview, i struggled there after not eating for 2 days to emptymy system and over dosed on imodium.

during the interview the atos doctor ignored everything as although i got 15 points the reason i am not in support but in esa is as follows:

the atos doctor said, though my spine was crumbling and the disks degenerative causing the intense pain - i could still work lying down as i can use my arms therefore an employer should be willing to make arrangements for me to to work in an office in a horizontal position.

he then added that the tinnutus and balance loss from chemo would be alleviated when lying down and distracted with work chores.

when he heard the bowel issues are associated with the back disease i have and the liver/gallbladder problems his response was- increase the immodium and if the situation is eased by not eating then do not eat until you return home in the evening.

he also said that as it had been mentioned to me about my condition was not curable but i could opt to try an operation to have my verterbrays broken and replaced with plates, I should have opted for this operation regardless of the fact it may not be successful and may result in paralysis.

he added that the bowels issues can be overcome these days as employers are encouraged to take on disabled people so provision could be made regarding toilet facilities.

when i spoke to job centre, and asked them, so i have a cv of 30yrs, you could get me interviews based on my career history, but what happens if i go to the interview and my bowels leak, poop is seeping through my clothes, running down my legs, the smell begins and then the seats and floor in an office are soiled, who will pay to clean up an employers office and what will happen to me when 3 months job seekers expires and you have not got me a job? they did not know the answer and that is when they said they would send my case to appeals - even with 15 points.

when i saw in the paper that Wagner (xfactor) was(is ?) claiming for an arm in a sling while being able to sing on the xfactor I cried, because here i am in agony, spine crumbling away, no balance, pooping with no control etc and the dwp/job centre are not letting me have any dignity. they want me to either get on a bus in this state, or get me there by taxi knowing that when i am in this state i have no hope in hell of getting home as no taxi is going to allow a passenger who smells of poop and is covered in their own poop that is still leaking.

this is all wrong, like i said i wish uthanasia was allowed in the uk, these atos forms, tribunals are causing so much stress over this.

surely there must be some legislation/rule that says this kind of thing is a health and safety issue where the public are at risk,so why are they doing this. they had the proof it is now a case of the job centre going on what this atos doctor said - this atos doctor has got to be joking when he said employers can accomodate pooping issues such as allowing me to work on a commode or even lying down ?

at my wits end now, i would definately sign up for the equivalent of national service in afghanistan if it were an option, though i would not be fit to join - a double standard - in my condition would willingly take a bullet on the front line rather than keep suffering from the pen of atos



Hi Lisa,

If you do have to have a tribunal, as well as the 'on paper' and sending someone on your behalf as mentioned earlier in the thread, there is also the possibility of having a domiciliary hearing where the tribunal panel can come to your home and conduct the tribunal there.

Obviously the Tribunal Service try to avoid these as they do take up time, but do try to press the point if you think this maybe useful.

It will also give the tribunal panel chance to see your problems for themselves in your home.

Pete

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  • Catherine
13 years 11 months ago #36713 by Catherine
Replied by Catherine on topic Re:tribunal summons and no bowel control
Hi Lisa.

You obviously should be in the support group - the comments made by the Atos doctor are atrocious.

I would imagine going down the complaint's route could lead to an early reconsideration, but i would seek further advice and support.

Best wishes

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