I Lost My Appeal :(

I had my tribunal appeal on Friday to be placed in Support Group.

I lost it.

It was not very nice and I found it very tough indeed.

I'm am staying in the WRAG, but I just do not know what to do now. I have multiple, chronic medical conditions which are very debilitating.

I appealed on the grounds of continence issues, but failed. They obviously did not think it relevant enough for me to be put into the Support Group.

I did attend the Jobcentre when my initial claim was done for the Pathways to Work part, when I first claimed, and I was sent home by the lady I saw when we discussed my medical problems as she said she could not help me as I was too ill to work and should not have even been there. My health has even deteriorated since then as my kidneys have got worse. The doctor at the tribunal yesterday told me that if I was on dialysis I would automatically be in the Support Group. Not very helpful really considering they deemed me as not being ill enough to go into the Support Group.........

I am being put on the list for a kidney and pancreas transplant, but that does not make a bit of difference, and now the decision has been made by the tribunal for me to stay in the WRAG I think I have to just keep going through the motions, and carry on like this for as many times as it takes for me to be assessed and the same decision to come out of it each time, and never being fit enough to work.

It will be a very interesting situation when I do receive info regarding the WRAG session when they are informed of this most recent decision.

I have vision problems, as mentioned above among other chronic conditions, even with the new descriptors I still score points that mean I go into the WRAG alone. I should have also been eligible to go into the Support Group. I really feel I should never have been called in for a medical assessment, and still think I should be in the support group, but do not know what to do if this happens again. It seems an extreme waste of time that I go for the assessements, but if it means ATOS are ticking their boxes I guess that's why I am.

It is very frustrating and stressful, and does not do me any favours with my health either. As I am just going to be going round and round in circles.

I just cannot understand why I lost my appeal, and now I feel like the victim in all of this, and it's horrible.

When you get sent home from the Jobcentre being told "you are too il too work, there is nothing we can do to help you. You should not even have been called here."

And then when you go for your ATOS assessment the assessor says to you "You are a genuinely ill person and you are too ill to work. If the result comes back not in your favour appeal it and you will be placed in the right (support) group."

This has not happened, so what am I supposed to do now?

I did not have a rep with me on Friday, as the one I was taking did not know anything about the Support Group and I had to explain over and over again to him what it was. When I complained to Enable Ability about him I was told he was the only person available to come. So my husband came with me instead.

If I need to give any more information please let me know?

Any help or advice would be very much appreciated, I feel like I'm backed into a corner.

Thank you

Pusscat xx

Hello

I have just been reading through the appeal letter again saying I have lost my appeal. I checked out the regulations and found this;

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.



I am both a substantial danger to myself, and to other people because of my sight problems.

I can cause an accident and also accidents can be caused to me because of this. I am very unsafe due to the loss of my peripheral vision which is a disablement.

Does this have any bearing on anything that has happened?

Some advice, please.

Many thanks

Pusscat

Hi Pusscat

I'm very sorry to hear the outcome of your appeal.

If you were sent home at your last WFI there is a fair chance that they will decide that your situation hasn't changed and defer the interviews so that you don't need to attend. Unfortunately the JCP staff that saw you can't make the decision to place you in the support group.

It is always open to you to try again at some time in the future, especially if your condition deteriorates and you have medical evidence.

It sounds like your representation was non-existent, if he didn't even know what the support group is. Perhaps if possible next time you could find a better rep, although it's getting increasingly difficult.

Best wishes

Derek

Hello Derek

Nice to see you about

Did you read my post about on Reg 35, and do you have any view on that.

I would like to see if I have a chance of finding any loophole on this. I am writing a letter to the tribunal service requesting all the paperwork from it.

I have spoken to Enable Ability this morning and they are looking further into things to see what I can do.

Any help on this is really very much appreciated.

Many thanks

Pusscat xx

Pusscat wrote:

Hello

I have just been reading through the appeal letter again saying I have lost my appeal. I checked out the regulations and found this;

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.



I am both a substantial danger to myself, and to other people because of my sight problems.

I can cause an accident and also accidents can be caused to me because of this. I am very unsafe due to the loss of my peripheral vision which is a disablement.

Does this have any bearing on anything that has happened?

Some advice, please.

Many thanks

Pusscat

Hi Pusscat

Did you argue on appeal, either on paper or at the hearing that you satisfy the exceptional circumstances?

Derek

Hi Derek

No I didn't do that as I was not aware of this stipulation until now. I need to know if I can take this to a Tier 2 tribunal. I am just writing a letter asking for all the paperwork plus any written notes that were taken on the day.

My condition(s) has also deteriorated since my initial claim. I do not know if this has any bearing on things either?

Thank you

Pusscat xx