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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

It’s called a ’hearing’ which sort of suggests that it involves ’listening’, no?

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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I had a hearing recently for a woman with a 20+ years history of CMHT involvement. I sent in 100+ pages of CMHT records, reports from 3 psychiatrists, letters from 2 x mental health practitioners, along with a sub asking for ERDL only, on the basis of mental health descriptors (except I said please also look at one aids as well as prompting).

First thing the judge asks me is “You seem to be concentrating on the physical health aspect rather than the mental health, why is that?” I said “Eh?” He repeats that I seem to be concentrating on the physical health rather than the mental and do I want the Tribunal to look at it that way? I restrained from asking him if he had been at the Christmas sherry. I smiled sweetly. “No judge, I don’t…”

Hearing gets underway proper. Judge asks about taking her kid to school. She replies that her kid doesn’t go to school. Judge is surprised by this, wants to know why? She says it’s due to his health problems. Judge seems perplexed but moves on.

Doctor asks questions. Asks about taking her kid to school. She replies that her kid doesn’t go to school due to his health problems. Doctor surprised and perplexed by this. Asks again. Client repeats again.

Disability Member starts asking questions. Asks about taking her kid to school. At this point my client starts to lose it. Disability Member appears to genuinely not understand why she is annoyed.

My hopes weren’t high for the outcome. Anyway, the decision came in the post, ERDL as requested. Do you think I should ask for a SOR in order to keep this psychedelic experience going a little longer?

Paul Stockton
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Epping Forest CAB

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Meanwhile, later the same day, another appellant is wondering why she is being asked about her mental health and why the tribunal is not asking any questions about how she takes her kid to school…

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Paul Stockton - 10 December 2021 03:44 PM

Meanwhile, later the same day, another appellant is wondering why she is being asked about her mental health and why the tribunal is not asking any questions about how she takes her kid to school…

That actually is plausible

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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The Presenting Officer started banging on about her getting Carers Allowance. How can you seek points for dressing and undressing when you are helping to dress your son, asks he?  I don’t dress and undress him, he’s 15. There’s nothing physically wrong with him. And you the DWP, have already awarded me points for dressing and undressing, she replies. I’m not appealing that.

Judge asks PO to sum up DWP case. ‘Well, we find it inconsistent and lacking in credibility that she is seeking points for dressing and undressing when at the same time she is helping to dress her son…’

It was like a particularly bad day in the House of Commons.