Weeeeeeeee-Heeeeeee, Justice Has Finally Been Done.

[mrdee 1]

I feel like a heavy weight has fallen from my shoulders.

I went to my tribunal today where a decision would be made whether or not I was fit to return for work.
However, that is not the only issue, because, while you are waiting for a decision, you also have to live on a reduced benefit (ESA, Employment Support Allowance).

Being in that situation has already made things very difficult for us, because, after my medical assessment by ATOS (who and what they are you can find here), they even took all kinds of benefit away from us, until my appeal was received and launched, which took a good few weeks, so, we had to survive on crisis loans and such, those people seem to think people can live on thin air.

I subsequently lost my appeal, because as they say "I did not produce any further medical evidence", in which case I do not know what they would call a very detailed letter my GP wrote about my overall physical condition.
The only good thing was that, while awaiting my tribunal, which is what happens when you lose your appeal, at least our ESA was continued to be paid, but still at a reduced rate.

I then kept living under pressure and worry, wondering what was going to happen at the tribunal, as I did not have a clue how things would go and as I assumed that they (DWP (Department for Work and Pensions), ATOS and the people that heard your tribunal) were all on the same side, so I feared that a tribunal would have been just a waste of time.
It even came that far that, after my appeal, I was put on antidepressants and referred to talking Therapies in order to help me deal with all the stress and strain I was under and with my depression.

However, when we arrived, before we went in, a Court Usher came to see us to collect any further evidence we might have, which we did, and also to give a brief explanation about what was going to happen.

He said it was all very informal, just a magistrate and a doctor who were going to ask me some questions about my medical condition and hear me support my evidence.

However, the next thing he said was much more important to me and at least gave me a glimmer of hope, he told us the people hearing my tribunal had nothing whatsoever to do with ATOS nor the DWP.

As we were asked to go in, it was indeed a small room, with two people (a doctor and a magistrate, not wearing a robe or anything, and addressed as "Sir", not "Your Honour") sat at a bench in front.

Nanna was allowed in with me, and was allowed to sit next to me, and was even allowed to speak up and support my evidence or to correct me where I might have forgotten things or have said things that were not 100% correct.

They also listened carefully to everything we said, without interrupting and gave us ample time to answer all their questions very elaborately.

The whole hearing took about 30 minutes, and then came the stressful thing, when the usher took us back to the waiting room while the two gentlemen made their decision.

However, when we arrived, there was one couple before us in the waiting room, and they stayed in about half an hour, and when they were called in they were about five minutes, and then they came back telling us their appeal had been won (that too gave me a bit more hope).

And, indeed, just a few minutes after we were lead out, the usher called us in again, and immediately, we had not even sat down yet, the magistrate told us "your appeal has been allowed" without going round in circles first, and the document stating their decision was already on the table in front of us.

So, at least, there is some justice still.
At least I will get a higher benefit now, and they will have to make a substantial back payment to us for all those months we have lived on the minimum.

However, you are of course always better off living on wages you earn, but that is the problem at the moment, because, do not get me wrong, unlike some spongers, who feign illness in able to get paid for not working, I LOVE the job I used to do, but unfortunately my illness has made it quite impossible to do it, which were the magistrate's exact words, because, after considering all the evidence, their conclusion was that, in doing my job I would be at serious risk because of my heart condition.

At least some stress has been taken away, hopefully that also has it effects on further developments of my health too.

But I certainly feel that, after all the previous trouble we went through, justice has finally been done.

Edited January 28, 2013 by mrdee (see edit history)

[jlhaslip 4]

This posting restores my faith in the "system".There needs to be more compassion in decisions like this.I am so very happy for you, Mr Dee. Congratulations and continued best wishes.

[mrdee 1]

Thank you, Jim.I'm afraid "the system" will always be "the system" (ie. with all its flaws and injustices).However, they do sometimes make the right decision here and there.As I wrote, the good thing, apart from the financial aspect, is that at least some stress has been taken away, as stress is sometjing I can really do without the way I am at the moment.I also agree with you that there should be more compassion in decisions like this, or at least, compassion for the right people, because the way the system is at the moment, there IS indeed compassion, unfortunately that compassion applies to the wrong people most of the time.Anyway, I am happy with the outcome, and I thank you for your good wishes, Jim.

[sheepdog 10]

I am REALLY REALLY glad things worked out in your favor. I just got in to Xisto today and first heard of your troubles. Sounds like they really put you threw the wringer! What a shame too. You've really had a rough go of it for quite some time now. I hope your burdens are light enough now that you can carry on and have some peace and enjoyment out of your life.

[mrdee 1]

Thanks, Sheepdog.I really hope for some more quality life too, but, I'm afraid that will take time (if not.....).The thing is, I still have lots and lots of examinations and so on coming up, where, for all my different conditions, the right kind of treatment will be established, so, I gues the light at the end of the very long tunnel is still very weak.But thanks to everyone for their sympathy.

[sheepdog 10]

But hey, at least you can see the light! Even if it is a little weak. I can really sympathise with you, we've gone threw a lot of the same thing, with my better half. He got hurt at work, has a bad back, still fighting over that even though it's been over 10 years, and now has heart trouble, diabetes, intestinal problems, multiple hearnia's, he's just a wreck. And while I may occasionally think about trading him in on a newer model, when I think about how hard it would be to train and house break another one, I decide I'll just keep him.

[rpgsearcherz 5]

Hey, I'm glad everything worked out for you! The entire situation regarding showing substantial medical evidence can be a real hassle, as well as confusing, but it's because they have to ensure they have as much information as possible (as too many people try to "game" the systems). In a case like yours, where there is a legitimate claim, it's great to see that you kept pushing forth, and eventually won!