can anyone help me? and can the tribu... - Fibromyalgia Acti...

Fibromyalgia Action UK

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can anyone help me? and can the tribunal do this to me?? i feel ive been very very let down feel so low

bellablot profile image
12 Replies

im in total shock im appealing esa to be put in support group, in april dwp sent off paperwork to tribunal to start my appeal i received letter from them in june asking me to send new evidence back to them, i did i had put a great bundle of documents together from all appointments, gp letter, hospital a/e it told them everything they needed to know for my appeal today, yesterday i received a big package with all my paperwork sent back and in it its says a judge has looked through them and decided they were sent in to late for my appeal ?? i had to of sent them in january??? and the appeal was closed??? ive just received a phone call from tribunal sayin its adjourned so they can get in touch with my gp as need further medical notes, i said i sent all relevant paperwork and they had sent it all back to me she didnt understand it and i said me to, it seems the judge and doctor, that are looking at my tribunal had not seen all my medical paperwork i sent them, so who the hell did look at them and has made a complete balls up for me, she couldnt check as that old chestnut the computers were down but can i send it all back to them?? i totally cant believe this is happening they balls up last appeal in july 2012 now there doing the same again, what can i do??? can they do all this?

xxx

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bellablot profile image
bellablot
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12 Replies
Tattyhead53 profile image
Tattyhead53

Oh gosh,I know how upsetting this all is for you a nd it makes me really angry to see people caught up in this huge mess in this way. Hang in. Take a deep breath.....and have a cup of tea. Then start the whole thing again. In the meantime write a letter of complaint to DWP. Sorry I can't be of more help. Hugs.

bellablot profile image
bellablot in reply to Tattyhead53

thank you its all been sent back again so i wait haha its like something that happens to victor meldrew x

comber profile image
comber

There are one or two things which you should always do when dealing with government departments, banks, insurance companies etc.

First, always keep a diary listing exactly what you send, who it is sent to and when you send it. I use the, 'Calender', part of Microsoft Outlook but there are other daily diary programmes if you search on-line, many of them, free.

Second, always make copies of every document you send. Many, very cheap printers are now multi-functional and have a scan facility. This means that you don't have to print out and keep your copies, you just keep them as image files on your computer.

Third, have a separate directories on your computer for each organisation that you deal with, where you store copies of sent documents and copies of documents you receive. Keep your actual printed stuff to a minimum. Sods law says that when you need it, you can't find it.

Fourth, always send documents by, 'Signed For', (the old Recorded Delivery). Always keep the orange slip from the post office and check on-line, (using the ref. number on the slip), as to when the recipient actually got the stuff. Note it and everything else in your diary.

Fifth, wherever possible, communicate with and send things by, e-mail. It is a godsend because no one can say they didn't receive stuff. Always check the, 'request notification when opened', in the email, 'options', menu.

Sixth, as well as noting who you, the time and the number called, always ask the person at the other end for their name and the reference number, which will be on their screen, which they use to track your call.

Lastly, Government departments and their employees all have a stringent, 'duty of care'. Put simply,they cannot mess you around without you being able to fight back.

Always make a written or emailed complaint and always put in it the word, 'Maladministration'. For a comprehensive explanation of maladministration, check this site, web.archive.org/web/2012021...

If you get no joy about your complaint, within a reasonable time, contact, 'HM Parliamentary and Health Service Ombudsman.' These are the people who regulate the tribunals system.

Hope some of this help

Regards

Comber

bellablot profile image
bellablot in reply to comber

thank you for your advice i have done as you advised, so we will see what happens now x

Deefer profile image
Deefer

As I posted before on here,I just don't know who to trust in the DWP or the tribunals service. At my tribunal I asked why,when I appealed did they not ask for medical info from my GP. They told me that they couldn't do that as it was confidential and they were't allowed to and yet they took no notice of what I'd submitted myself. Do they lie so much that they don't know they're doing it? It seems in some cases they can get the info themselves and in others they can't be bothered. Who do we trust to tell the truth? I have now waited 8 weeks to get my statement of reasons and judges comments and have just received a letter telling me it will be at least 8th September before I get them! The notes should be there already, or maybe the judge takes his time concocting yet another load of rubbish because he can't remember what went on at the tribunal. Some of you may remember me saying that he typed all through the tribunal, so maybe he can't understand what he put as his typing was atrocious!

bellablot profile image
bellablot in reply to Deefer

very true i think they are just trying to sicking us s we drop appeals, well im going all the way again x

janlou profile image
janlou

I am the same, I was placed in WRAG, got no other kind of information.They told me nothing will change and I wont get assessed for 12months....Now my ESA has stopped, and I cannot claim Income based ESA because my husband works. Worked for over 25yrs and now I am ill, cant get any help.

Jan

bellablot profile image
bellablot in reply to janlou

mine stopped may 2012 as my husband works, im the same ive worked all my life, its so unfair, ive been fighting since then x

Pakslady profile image
Pakslady

Sorry to hear about your hassles with the tribunal. I've had similar issues with them. I waited over a year for my court date, when the day finally arrived they kept me waiting for nearly two hours, then 5 minutes after stepping into the court room they said whoever had photocopied the document bundle they received had missed a page so they would have to adjourn to get that an more info from my doctor despite me having provided up do date info from my doc.

The lady from CAB told me that actually they often do things like this when they are running behind so that could be what happened too you too.

By the time I got in for my 10am hearing it was lunchtime so I'm guessing both the judge and the doctor preferred eating to sitting through my hearing.

I hope you get everything sorted soon. If not contact CAB as they can send someone to the hearing with you.

All the very best

Pakslady

bellablot profile image
bellablot in reply to Pakslady

they make you feel like a criminal dont they, only trying to get what we deserve , do they really think we like to be ill and suffer everyday, i would give anything to have my life back again and do the things i took for granted but i cant so in the mean time we just have to put up with it and get treat disgustingly x

janlou profile image
janlou

Bloody shocking, I hate been like this and would love to work and spend time with my family without pain and fatigue...Just so unfair.

Jan

rosaann52 profile image
rosaann52

I've just had some copies of paper work I submitted in January to be attached to my appeal paper work, sent back to me ......it had some way found its way into another claiments appeal papers and sent to Lowestofe....when it should have gone to Plymouth.....thank God these people aren't working with live gas.....BBBBBOOOOOOOOMMMMMMM

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