Fibromyalgia Action UK
39,218 members51,385 posts

has anyone challenged the tribunals decision and won?

hi everyone,im not sure if i should write a not sure what the difference is lol..anyway i had my second tribunal on the 26th friday,i had enough supporting evidence,from my doc and mental health nurse,also a letter from ATOS appologising for the descrepancies in my medical!!!! i think that was a miricle in its self..anyway i got a letter today saying my benifits stay the same HRM and gratefull i didnt have it taken away as they kept saying i might,but i was holding out for middle rate as my health has deteriorated a lot this last 12 months,i rang the court and asked them to send me the judges statement explaining his reasons,as by the points of law i should get middle rate as i need help at least twice in the night,as my legs and arms go numb when iv slept making it impossible to stand hence i have accidents,,so if they thought i would just buzz off they are very much mistaken! im tired of fighting but i think we have to make a stand,im 63 this xmas do they really think i would be doing all this faffing if i didnt need help! whatch this space folks,,the social worker asked why i didnt wear a pad in the night so my son doesnt have to help me! so they know i need help!..but i said im not incontinant thank you very much..i just have accidents coz i cant get moving in time,,i think that was disgusting to ask me that i should just lie there and pee myself!! yuk..i keep you all posted....xxxxxxxxxx

2 Replies

Hi PM, I'm afraid I don't know the answer to your question although I'm sure that if they have enough evidence they might well do. It sounds as if you had plenty to back you up so it would be difficult to see why you had such a negative experience. It must be very frustrating for you especially when the social worker made such an unhelpful comment. Have you considered getting some support from the CAB or other welfare rights organisation? It seems like you could do with someone willing to support your case. I really hope that you get the help that you are fighting for. Please let us know how you get on. All best wishes to you. Jane x


hi jane,thanks,i did go to welfare rights man to look at all my paper work and he just said dont stand a chance because of what ATOS dr report said!..he was no help last time and i got HRM!...SO i thought sod it do it yourself,thats when i complained to ATOS and got oppology etc...i have writen to the courts this morning asking for a written report from the judge at my tribunal with the reasons for his decission [sorry i cant spell tonight lol]..when i have that then i will have a better idea what i will do,i will keep you posted,jenny xxxx my friend said to leave it as they might take it all back..i said NO,i was awarded HRM last november and again at this tribunal so thats twice in one year,so im not going to be walked over ,as they seem to bank on us p,,,,,g off! lol we have to take risks jane or we will never move forward in this fight for our rights xxx


You may also like...