Friday, 5 August 2011

Tribunal Decision

Well the day finally came, my stress levels had gone out the roof again and I drove to the Benefits Tribunal feeling sick, shaking and wanting a big hole to swallow me up and take me to somewhere peaceful, full of love and where you dont get judged.

I sat outside nervously waiting for them to come and get me, they had tried to call me in the morning so I was even more anxious but as soon as I walked in they told me that the Department were wrong in their decision and they believed that I was entitled to Employment and Support Allowance (ESA), that was why they had tried to call.  They had rescored me 18 points instead of the zero the useless doctor who I had to see awarded me at the medical, you have to score at least 15 to be entitled to this benefit.

I am so glad I stayed strong and fought this to the end, imagine those that just give up and dont want the hassle, what a huge waste of stress it has caused, let a lone the cost to them for taking it this far, below is the revised score they gave me:

  • 2 (e) Cannot stand for more than 30 minutes, even if free to move around, before needing to sit down = 6 points
  • 3 (c) Cannot bend, kneel or squat, as if to pick up a light object off the floor and straighten up again without the help of another person = 6 points
  • 16 (d) Cannot, due to cognitive impairment or a severe disorder of mood or behaviour, initiate or sustain personal action without requiring frequent verbal prompting given by another person in the claimant's presence = 6 points
So Dr Michael Kamburov (Approved Disability Analyst) who scored me zero after my medical exam but was more interested in getting home as it was carried out on a Sunday and who I could not even understand half the time and Sarah Mitchell in the Jobcentre Plus who reviewed my appeal, I think you need further job training or maybe a change of career, how many other people have you put through this meaningless act just for it to be overturned, mine was overturned without them even questioning me or even before they saw me.

So this means I dont have to pay any of my benefits back and I can continue looking forward to the future instead of trying to sort out the past, thank you to all my lovely friends who have supported me and helped me get through this, you have all been and are so crucial in my recovery.

Shellie B xxx

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