Hi, my name is desperateforhelp and Ive been failed at tribunal

desperateforhelp

Hi looking for help & support have just been failed at tribunal , intend to appeal can't understand why they couldn't see the  state of my mental health , broke down , crying confused, and obviously very distressed female  Doctor was very agressive and treated me and my sister who was there for support as though we were naughty 5 year olds whenever we  dared to try to explain the limitations on my daily life my condition has we were told to shut up, we were both traumatised into silence and state of utter shock/disbelief that this conduct was allowed when a claimant suffers with  mental health issues, the result ? I am  an absolute wreck, unable to comprehend what to do & where to go next, and even if I knew , I am so drained & exhausted I cannot summon the energy to do the next step, anyone felt the same, and how did they get help ?

Lasian_Alumni

Welcome to the community, @desperateforhelp.

I'm so sorry to hear what you went through for your tribunal, it sounds horrible! May I ask what the tribunal was for, to make sure that any advice given will be suitable?

JennysDad

Hello @desperateforhelp. So sorry to hear of what you have been through. At least, now, though, you are not on your own. 
Thinking of you,
Here and listening,.
Richard

mikehughescq

You’ve one month to request a statement of reasons and record of proceedings and one month from that to appeal to the upper tribunal on a point of law. You will need face to face advice on order to do that but there is almost always an error of law. 

Put aside how the tribunal made you feel. Did you specify her as a witness or observer in advance of the hearing? If you didn’t specify anything then she’ll have been treated rightly as an observer and not allowed to speak. Similarly how you were on the day should not overly influence the outcome of the tribunal. One of the big complaints against HCPs is that they take a snap shot. Tribunals look at the totality of your evidence so you need to focus on weaknesses in the rest of your evidence else winning at UT and getting back to a fresh tribunal will be pointless. 

You now need to focus on getting competent, free representation and being clear on which points you score. 

desperateforhelp

Mike Hughes cq, thank you so much for taking the time to read my post & offer sound advice, I have today sent a request for the information I need to  proceed to the next level I believe that  although "  regulation 29 was considered but" did not apply" is an error of law / judgement as my past mental health history clearly illustrates 29b(exceptional circumstances)is applicable in my case in light of what you have said, I interpret, this to mean I must gather as much specific information that confirms this pattern of mental health problems as possible from my GP and other mental health organisations I have been involved with when I request permission to appeal, have I interpreted your advice correctly ? Also I have been trying to access free support & knowledge of the law from "someone in the know" but so far all my attempts to find someone have been futile due to the high demand / heavy workload, and as you state these appeals are time sensitive,If you know of anyone who may have time that information would be much appreciated, thank you once again for your sound advice !

mikehughescq

Whereabouts do you live? May be able to point you toward advice in your area.

desperateforhelp

Wheatley Hills

mikehughescq

Donny, Harrow or Cork? Not being funny. I honestly don’t know which one you mean.

desperateforhelp

DONCASTER DN2 sorry about that , thought we were all local people, didn't realise sight was nationwide , lol

desperateforhelp

Sorry for the delay in replying, have been trying to get organised, and attempting to gather info that may help me

Lasian_Alumni

A bit more information that @desperateforhelp has provided (pasted in with permission):

desperateforhelp

Hi thank you for reading my post, my tribunal appeal was ESA related (I have had mental health problems since 2008 aftet a major episode of depression preceded by the end of my menstrual cycle aged 48) having been judged " fit for work"after my WCA via Athos in August 2017, my tribunal appeal was 23rd March 2018 and was very traumatic (the female doctor was very aggressive when I answered her questions she kept repeating them as though I hadn't understood her when I thought I had given her an honest accurate answer ? My ongoing illness , affects my brain and I often feel my brain is on" go slow" and I have severe physical fatgue most of the time, I broke down at the hearing, but she did not seem to care, at this point I just rambled on in a state of vulnerability, I recieved a letter sbout 4 days later stating that the appeal had failed and the decision of the WCA was upheld, the fallout of this has worsened my condition dramatically as I am uncertain of what the future holds for me !
I know this is a little long winded but , I wanted to paint a clear picture so I can get relevant support & advice
Thank you for reading any advice would be greatly accepted