Hi,
Does anyone know what's happening with tribunal decisions? Are lot's of people having their claims rejected? The RBL told me there was a massive backlog due to lot's of rejections.
I'm in a tough spot and I desperately need advice.
A reconsideration was carried out on my appeal in August of 2020. The reconsiderations team found that I had a confirmed diagnosis under the ICD-10 and sent it back to the claims team to review the evidence in my appeal.
Rather than make a decision my appeal was closed without notification. The claims team then wrote a new claim on my behalf and ignored my appeal evidence.
The person who wrote the appeal then rejected the claim that they had written using the evidence the had selected. This decision was made before receiving advice from a medical advisor. The medical advisor supported my claim but concluded that the claim had already been rejected.
I was informed of the new decision based on the new claim and told that I would have to lodge a new appeal.
I asked how I could appeal a decision based on a claim I did not submit. I was told that the reconsiderations team would forego an appeal and a new tribunal would take place.
Six months later I was told that a reconsideration needed to be carried out as a mistake had been made. I asked how a reconsideration could be done without a signed appeal against a claim I had not made.
I was told that any mistakes would be rectified in the tribunal.
I'm not sure why but 4 months later another reconsideration was written with a different outcome that had nothing to to with my original appeal in 2019.
I asked how I could argue against a decision made against a claim I had not made and again I was told that the mistakes would be dealt with at the tribunal.
I couldn't understand why my tribunal would be dealing with mistakes the appeals and claims team had made, I was ignored.
My tribunal went ahead despite there being no formal appeal.
I explained the issues/mistakes that had been made and clarified my actual claim. The AFCS did not attend, the medical advisor didn't ask any questions.
I waited for two and a half weeks for a decision as the case was refered to a senior judge. I was never told why.
The judge ruled against me. Not only did he ignore all of my evidence and testimony he changed my diagnosis, on behalf of my psychiatrist, without his knowledge or consent.
The condition the judge diagnosed me with is part of the new ICD-11 and it will not be formally adopted by the NHS for at least 5 years.
The judge diagnosed me with a condition that doesn't formally exist and applied the diagnosis to 2012. He explained that because I had not be diagnosed with the new condition a decade ago then I did not meet the criteria for an award.
He used all of the evidence that should not have been included in my tribunal in the first place. He used evidence that I had told the AFCS was wrong, evidence that they knowingly submitted.
The judge took three months to send the Statement of Reasons and ignored all of the evidence that I sent to show that I did not have the condition he diagnosed me with.
He ignored it.
I wrote to the court but they refuse to give me any details, only that my case is with the Premier of the Chamber. The court refuse to tell me if the 42 day deadline has been suspended. I'm worried they are trying to time me out but I can't appeal a tribunal decision that used falsified evidence.
The AFCS refuse to answer any of my questions.
I can't get a reply from the RBL as they are too busy.
I have been totally shafted and I have no idea what to do. I feel like I have been set up.
Does anyone have any ideas what I can do? This has been going on since 2014.
Cheers.
Does anyone know what's happening with tribunal decisions? Are lot's of people having their claims rejected? The RBL told me there was a massive backlog due to lot's of rejections.
I'm in a tough spot and I desperately need advice.
A reconsideration was carried out on my appeal in August of 2020. The reconsiderations team found that I had a confirmed diagnosis under the ICD-10 and sent it back to the claims team to review the evidence in my appeal.
Rather than make a decision my appeal was closed without notification. The claims team then wrote a new claim on my behalf and ignored my appeal evidence.
The person who wrote the appeal then rejected the claim that they had written using the evidence the had selected. This decision was made before receiving advice from a medical advisor. The medical advisor supported my claim but concluded that the claim had already been rejected.
I was informed of the new decision based on the new claim and told that I would have to lodge a new appeal.
I asked how I could appeal a decision based on a claim I did not submit. I was told that the reconsiderations team would forego an appeal and a new tribunal would take place.
Six months later I was told that a reconsideration needed to be carried out as a mistake had been made. I asked how a reconsideration could be done without a signed appeal against a claim I had not made.
I was told that any mistakes would be rectified in the tribunal.
I'm not sure why but 4 months later another reconsideration was written with a different outcome that had nothing to to with my original appeal in 2019.
I asked how I could argue against a decision made against a claim I had not made and again I was told that the mistakes would be dealt with at the tribunal.
I couldn't understand why my tribunal would be dealing with mistakes the appeals and claims team had made, I was ignored.
My tribunal went ahead despite there being no formal appeal.
I explained the issues/mistakes that had been made and clarified my actual claim. The AFCS did not attend, the medical advisor didn't ask any questions.
I waited for two and a half weeks for a decision as the case was refered to a senior judge. I was never told why.
The judge ruled against me. Not only did he ignore all of my evidence and testimony he changed my diagnosis, on behalf of my psychiatrist, without his knowledge or consent.
The condition the judge diagnosed me with is part of the new ICD-11 and it will not be formally adopted by the NHS for at least 5 years.
The judge diagnosed me with a condition that doesn't formally exist and applied the diagnosis to 2012. He explained that because I had not be diagnosed with the new condition a decade ago then I did not meet the criteria for an award.
He used all of the evidence that should not have been included in my tribunal in the first place. He used evidence that I had told the AFCS was wrong, evidence that they knowingly submitted.
The judge took three months to send the Statement of Reasons and ignored all of the evidence that I sent to show that I did not have the condition he diagnosed me with.
He ignored it.
I wrote to the court but they refuse to give me any details, only that my case is with the Premier of the Chamber. The court refuse to tell me if the 42 day deadline has been suspended. I'm worried they are trying to time me out but I can't appeal a tribunal decision that used falsified evidence.
The AFCS refuse to answer any of my questions.
I can't get a reply from the RBL as they are too busy.
I have been totally shafted and I have no idea what to do. I feel like I have been set up.
Does anyone have any ideas what I can do? This has been going on since 2014.
Cheers.
