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    • FINAL UPDATE.  I have not posted as the defence were reading the thread.  An agreement was reached on the day of the hearing.   I am unable to go into detail but for those in this position the forum has been priceless support and advice so thank you all in the site team.   for those going through this, follow the process, ignore intimidating tactics and threats and get to the Judge.  They are very supporting of those self representing.   I note her name has gone from the heading of the thread.  Was this them ?  Thanks again.  
    • I'm not sure what the "appeal" system asked but he said he definitely didn't indicate he was the driver so I'm just going to have to take his word for it. Honestly, I don't think the hirer will contact them. I think my brother will tolerate it. I did have a similar experience with another company 6-7 years ago and sought advice on here then to which you guys told me to ignore, I got the exact same DRP letters and then a "Gladstones Solicitor" letter.  After that nothing happened and it died away. Based on my experience with that I assumed the same would happen here but only asked to see if perhaps anything had changed since then.    Hopefully it doesn't get to court but if it did, I feel like we have enough evidence to sway a judge who probably hates dealing with this type of nonsense anyway. Or maybe I'm too optimistic. 
    • Your attachment showing the cinema parking restrictions seems crystal clear. Let's see what the photos turn up.
    • Meter certification periods re given in The Meters (Certification) Regulations 1998, Schedule 4. From there you can check if they are correct about your specific meter .. https://www.legislation.gov.uk/uksi/1998/1566/schedule/4 If they're telling porkies then you have e clear grounds to tell them to take  hike. If they're correct or if you haven't been able to confirm then you have  few options. You could just keep fobbing them off. In general Octopus can't keep up with demand for smart meters. It took 9 months to get our. So they may not push too hard. Or ask if you can install your own choice of meter. The Electricity Act 1989 cover this in Schedule 7 (2) and (2A) https://www.legislation.gov.uk/ukpga/1989/29/schedule/7 Or fight the them and their enforcement. Or go off supply.
    • We received a copy of the completed Directions Questionnaire (N181) from the solicitors along with a draft copy of their directions. I am on a course today so can upload over the weekend if needed. By 4pm on 16th May both parties must each give standard disclosure of documents by way of list by category. By 4pm on 30th May any request for inspection or copies of docs must be made and compiled 14 days thereafter. I will provide more over the weekend.
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ESA medical UPDATE post #30


phil76
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Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

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Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

 

Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

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Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

 

Ok thanks for the info:-)

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Hi everyone,

don't be put off , I had an esa medical by ATOS in february last year, I was and still suffering with severe back problems and due to have surgery this month. I suffer with spinal canal stenosis and scoliosis of the spine together with misplaced discs which gives severe back and leg pain with instances of pins and needles and numbness in legs, back, and groin.

The medical was a farce, the doctor would not look at any off my medical notes from my doctor or neuro-surgeon, he just asked a few questions .

he then asked me to lie on a couch and lift my bad leg which i couldn't without his help and also to squat down and then rise and i had to ask for his help because i was in agony.

He ignored my request to put spinal stenosis on his report.

He put backache and said it was easier to understand.

Needless to say in may I received a letter from the esa saying my benefit would stop and was fit for work

I appealed and asked for a copy of my medical report which scored me zero, and was full of conflicting evidence, missing out my symptoms, the tablets I was taking etc, he even said that he had done a thorough medical of my back.

I didn't even take my sweater off because i wasnt examined.

I sent the appeal back together with my notes on the medical report and lo and behold I was denied again and told if I wanted to take it further it would be a tribunal.

So I did and game them the same medical evidence I had and was told the tribunal would be in november but eventually a date was given for february 9th this year.

I passed this time with a score off 18, at the medical it was 0 and was told all extra money due to me from last year would be re-imbursed which is around £1000.

So if you have any medical evidence whatsoever, from doctor, surgeon, physio etc send it in to the tribunal, ask your doctor as well to write a personal letter on your behalf and forward that to the tribunal as well.

All I want now is my spinal operation and to recuperate and i now know the esa won't be on my " back" every few months.

I will get regular reviews after the operation but the judge at the tribunal said it would be through my surgeon and doctor

 

good luck everybody

 

John

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  • 6 months later...

Hello everyone dont know if you remember me but i suffer with anxiety and depression had this for a while now and had my first medicak back in january i think it was,had another medical last week and this time have failed :( this has really made me feel really low again,im going to appeal because i still suffer the same problems,do you think i have much chance of winning appeal and will i still get any money while appealing? thanks

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Assuming its ESA you're claiming, your payments should resume soon after your appeal form is received.

 

It is difficult to know whether you have a chance of winning, it depends on so many things, like how well you can show the ATOS assessment did not adequestely assess you, what medical evidence you can collect and how well it relates to the descriptors you meet - indeed whether you actually meet enough descriptors to score 15 points or meet the exceptional circumstances criteria. Also how consistent you have been through ESA50, ATOS assessment and Tribunal, and whether you do well at presenting your case on the day, and how receptive the Tribunal are on the day.

 

Without more info, its impossible to say - all we can say is we're here to help.

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Do they not realise by stopping people's money they make us feel alot worse than we already do? I already have high anxiety/depression without worrying about my money being stopped and now I feel alot worse because of the letter I received today :( :(

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