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 Post subject: Tribunal won then lost
PostPosted: Wed 23 May 2012, 11:09 
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I have joined this forum in the hope someone can help me out of this nightmarish situation I find myself in. I had my tribunal back in February. I was relieved when I passed, the time between failing my ATOS medical and getting to the tribunal was incredibly stressful and I am sad to say I attempted to commit suicide because of the stress and worry it caused. I was told in the tribunal I had passed, and was given the signed form stating I had passed on reg 29 mainly due to the fact i may harm myself and I have a mental disorder.

I was later told I was placed in the work related group and Pathways my advocates (they have been great) advised me that because of my condition I had recently been diagnosed bipolar, that I should be placed in the support group. I was so stressed and sick of all the hassle and I did not want to end up in the mess I was in before the tribunal I said OK as long as I did not have to be involved. Pathways sent a letter from my psychiatrist, and I was added into the support group.

As this was going on I received a rundown of the events from the tribunal which I wanted to forget so I did not read (I find it difficult to focus on reading at times), but the CAB received a copy and informed me that there was a small mistake on the last page where the result had been changed from passed reg 29 to failed reg 29 and the CAB were writing a letter to find out why. Well on Tuesday I received a letter from the tribunal’s service and they said yes I had failed and they sent a copy of the failed decision sheet which is different to the one I originally received. They said they were informing the DWP immediately.

I could not believe this, I had been there when the judge said I passed and gave his reasons, I had my advocate from Pathways there as well (though she does not work there now due to cutbacks). The tribunal service had sent out the original pass decision to the CAB, the DWP and pathways so they were all a bit surprised by this.

When I spoke to the tribunals service I told them what had happened, and they said they would look into it. They have come back today and said since there is some confusion (there is no confusion they have made screw up) I have to go through the whole tribunal appeal again. NO WAY!!!

I cannot handle doing this again, surely my evidence and the fact I have a witness to state what happened is enough to avoid such a thing happening.

I am near the end of my tether I cannot think straight, I can feel the anxiety increasing; I will have to do something to calm myself down soon. I hope someone can give me some advice please.


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PostPosted: Wed 23 May 2012, 11:33 
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Joined: Sat 23 Oct 2010, 20:50
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That is absolutely disgusting, what a way to treat a human being, I am sorry I don't know what to say to help you but I am sure someone will be along who can. I just wanted ro let you know you are not alone and you have come to the right place for support, hang in there. Xx


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PostPosted: Wed 23 May 2012, 13:01 
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Joined: Wed 21 Dec 2011, 02:24
Posts: 41
dreadfull and discusting i cannot believe the way disabled people are being treated by them revolting slugs at atos and the dwp its all very well saying ok 0 points get a job most of us on here are not currently capable of work i myself am currently unfit to work becauce of mental health and alchol problems lets face it if all of us sick and disabled actually went on jobseekers allowance and went for a job interview we would be turned downed flat it makes no sense at all why dont some of them corrupt politicians who are draining the system with false expense claims and huge bonus benefits try cutting back on there lavish lifestyle surely a disabled person allowed to recover properly would be a better benefit to the system as in fit enough for work its a joke the way were treated ~x( X(


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PostPosted: Wed 23 May 2012, 15:30 
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Joined: Wed 23 May 2012, 14:41
Posts: 1
Really very sorry to hear about the way you have been treated and messed about: no one should have to go through what you have done.

At the risk of sounding intrusive, and I hope you will forgive me if I do, I am currently working on a project for my MA in journalism into the methods used by Atos, and I am especially keen to speak to people who have been forced into nightmarish situations by the company. I completely understand if you would rather not help me with my research, as I realise this might well be the last thing on your mind. If this is the case, then no worries at all, but if you would be happy to help I believe that your story could prove enormously helpful to my project and hopefully go some way towards highlighting the often unheard and untold misery of those who seem to suffer at the hands of Atos. If you would be happy to help out, or just to find out more about the exact research I am doing, then feel free to reply to this comment, or email me. My address is: tom.j.goodenough (at) gmail.com

Once again, no worries at all if you do not feel able to help me with my project, but I would be enormously grateful for any assistance you could provide at all.

All the very best,

Tom Goodenough


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PostPosted: Wed 23 May 2012, 15:53 
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Joined: Tue 22 May 2012, 07:47
Posts: 11
Thanks everyone who has replied so far, I appreciate all your kind words. I will write to my MP with this, but I am still in shock to be honest. Tom, I will seriously consider your offer but at this moment I am trying to get my head around it all, and there are other factors to consider unfortunately.

I was hoping whether someone might know if legal action against the decision might help, as I don't know whether I could afford a solicitor, so I would need to be sure it would be successful. Surely they cannot say one thing in the tribunal and then change their minds later, without informing me. I believe firmly they have screwed up and are trying to brush it under the carpet hoping I will accept the appeal set aside ruling.

This government is treating people with mental disabilities as second class citizens, I am sure they are breaking human rights laws in their treatment of us.

Thanks again everyone.


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PostPosted: Wed 23 May 2012, 16:26 
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Joined: Sun 17 Oct 2010, 17:36
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I was thinking too of a legal move for you. lets see if some in the legal business will read your post and offer to help or advise

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PostPosted: Wed 23 May 2012, 16:55 
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Joined: Sun 17 Oct 2010, 17:36
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Hope you dont mind: Im telling anyone who will listen (and probably) some who dont want to hear of your atrocious story.
Dont worry about privacy coz no one has your details and even I dont have details to your password. The fact you have been brave enough to tell your story will so others in the same position they are not alone. Im hoping some useful advice comes your way
Thinking of you Ms B

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PostPosted: Thu 24 May 2012, 06:17 
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Joined: Tue 22 May 2012, 07:47
Posts: 11
Thanks every one again, I feel like I am stuck between a rock and a hard place with the CAB, the woman I have had helping me doesn't seem to want to go the extra mile. She was the one who wanted me to accept the decision and go for the appeal to be set aside.

I go to a group therapy with MIND on Tuesdays and I will mention it to them then.

Pathways have been great, and they have another advocate helping me but she only works part time because of cutbacks.

Yes I don't mind who you tell about my situation, after reading so many stories on so many websites, forums and blogs it is clear that we are all being class as second class citizens. I have felt lost and alone on many occasions but for some reason this time I feel I need to fight back and not allow them to get away with this.

kab, I will look into what you mentioned thanks.


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PostPosted: Thu 24 May 2012, 10:14 
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Joined: Mon 05 Sep 2011, 18:56
Posts: 159
OMG this is just so very very wrong as how can a person be vindicated at a tribunal and it end up like this?

Gurdarian I am so sorry for your situation and I sincerely hope it gets resolves as quickly as possible.

Miss B I too read the newspaper article on the link you provided and as usual I found that the comments section were mainly concerned with politic fighting about which party is to blame rather than realising they ought to be helping and standing up for the people this is happening to.

It really is a bloody national disgrace X(


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PostPosted: Thu 24 May 2012, 11:51 
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Joined: Tue 22 May 2012, 07:47
Posts: 11
Just wanted to tell everyone who commented I have spoken to my MP's assistant, and they are horrified by the whole episode. It looks like as soon as I give them evidence it will be resolved.

Thanks to everyone who added a comment, it is not over yet but hopefully it will be soon.


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PostPosted: Thu 24 May 2012, 12:04 
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Joined: Tue 22 May 2012, 07:47
Posts: 11
Sorry I write again. The tribunals service has said the judge made a mistake on the day and shouldn't have passed me. They claim he made an error in judgment, how can they get away with this, I feel incredibly depressed by all of this.


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PostPosted: Thu 24 May 2012, 12:11 
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Joined: Mon 05 Sep 2011, 18:56
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Gurdarian

I hope your MP can do something to rectify this situation and you receive the justice you deserve however I did not know the following was legal as I thought once a judgement was made that was that?


The tribunals service has said the judge made a mistake on the day and shouldn't have passed me. They claim he made an error in judgement.


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PostPosted: Fri 25 May 2012, 07:08 
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Joined: Tue 22 May 2012, 07:47
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The merry-go-round continues and they wonder why people don't get better. I definitely feel they are trying to cover this up, for a few reasons; one if the judge did make a mistake and did change his mind why didn't they tell anyone, immediately. Surely the first people you would tell is the DWP, but no they didn't, it wasn't until later, some months later that I believe Pathways asked for a copy of what was stated that the result had conveniently changed. And it wasn't until the CAB queried the change did the tribunals service tell the DWP.

Now I have been told, since the judge has made his mistake I will have no choice but to go through a set aside appeal and go through the whole business again, but and here is the twist, since the DWP have already put me back into the support group, supposedly they can override this appeal and resolve the matter without anymore fuss. According to Pathways this is the most likely outcome, though not certain.

The problem I have is how can I trust any of this, they don't realise the harm they are causing people, the damage, the pain. When you have a government policy that states everyone is well unless proved ill and mental illness is not a real illness then how can we ever hope to succeed.

My emotions are going up and down like a roller-coaster, its hard to keep up, I have to see Pathways today to see if they have accepted this, and I am seeing my MP afterwards, to discuss further, I think he wants to get the media involved, but I just want to get better, I am sick of all of this.


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PostPosted: Fri 25 May 2012, 16:41 
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Joined: Tue 22 May 2012, 07:47
Posts: 11
I have now been told by Pathways that I have to go through the tribunal again, and the DWP will not override the decision. I went to see my MP but they weren't in or didn't answer the door, they wanted me to go down the media route which I now feel i have no choice but to accept.

My psychiatrist is away and I feel sick to death. I did find out that the tribunals service changed the minutes of the tribunal itself, not sure how I could prove this, but I know certainly I mentioned the fact I have attempted to commit suicide and the judge made a point of mentioning this in his closing statement. Now it is conveniently disappeared from the minutes.

The best I can do is make a complaint for negligence, I just find it quite unbelievable that a judge can make a decision on the day and then 6 weeks later change his mind and then tell no one that he has done this. If Pathways had not asked for the minutes no one would ever have been the wiser.

How can they get away with this in a supposed court of law.


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PostPosted: Fri 25 May 2012, 17:33 
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Joined: Sun 17 Oct 2010, 17:36
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re snowman
Quote:
I would also get your mp on the case. Contact your mp as a matter of urgency. Mine has been most helpful and sped up the process. Contact your mp on http://www.writetothem.com/

Just copy and paste what youve said here and post it at your MP AND councillors via the above link over the weekend. DWP appear to pay attention when you have official backing

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