I don't understand what you mean.stranger said:Scorpion is right - it's not about the diagnosis. Else you'd have some people with Autism who are capable of working claiming ESA when they shouldn't be.
I think you will find that those breaks are written in law and an employer can't choose to ignore them.
if the tribunal is scheduled before i can get a diagnosis then i'll have to attend without one anyway. They won't put it off (unless, ironically, you have a diagnosis, I suppose!).
But i just cannot believe that they, beyond anyone else, will agree that I have such a condition without one. Otherwise you'd have a lot more people than even are being passed already getting through surely. If regular doctors are reluctant to believe the possibility of these kinds of condition, why would a tribunal doctor and a judge be any different?
I don't suppose it matters. They will decide whatever they decide regardless anyway.
But the problem isn't even about the diagnosis, though I don't know what will happen if i'm not diagnosed (i'll still feel exactly the same as I do now). The whole peocess is intended to determine whether you can work, not whether your condition is valid or your claim to suffer from it is genuine. Consequently they could very well think, yes he has XYZ, but he can still work!
That is the problem with all of this. The mental health descriptors are woefully inadqequate for this and that's what the CAB tell me they base their approach to helping with appeals upon.
I'm not trying to be negative to what people have said, I feel exactly the same. But the problem is I cannot assume that the tribunal will be positive. I cannot even assume I'll get a diagnosis. Not everyone succeeds, even at tribunal. If it was that easy, well we wouldn't be having this conversation I suspect.
Even then I still have to contend with the Work Programme sooner or later, and, worse, what comes afterward (my time ends next April), and that sounds horrific.
I don't understand what you mean.stranger said:Scorpion is right - it's not about the diagnosis. Else you'd have some people with Autism who are capable of working claiming ESA when they shouldn't be.
I think you will find that those breaks are written in law and an employer can't choose to ignore them.
if the tribunal is scheduled before i can get a diagnosis then i'll have to attend without one anyway. They won't put it off (unless, ironically, you have a diagnosis, I suppose!).
But i just cannot believe that they, beyond anyone else, will agree that I have such a condition without one. Otherwise you'd have a lot more people than even are being passed already getting through surely. If regular doctors are reluctant to believe the possibility of these kinds of condition, why would a tribunal doctor and a judge be any different?
I don't suppose it matters. They will decide whatever they decide regardless anyway.
But the problem isn't even about the diagnosis, though I don't know what will happen if i'm not diagnosed (i'll still feel exactly the same as I do now). The whole peocess is intended to determine whether you can work, not whether your condition is valid or your claim to suffer from it is genuine. Consequently they could very well think, yes he has XYZ, but he can still work!
That is the problem with all of this. The mental health descriptors are woefully inadqequate for this and that's what the CAB tell me they base their approach to helping with appeals upon.
I'm not trying to be negative to what people have said, I feel exactly the same. But the problem is I cannot assume that the tribunal will be positive. I cannot even assume I'll get a diagnosis. Not everyone succeeds, even at tribunal. If it was that easy, well we wouldn't be having this conversation I suspect.
Even then I still have to contend with the Work Programme sooner or later, and, worse, what comes afterward (my time ends next April), and that sounds horrific.