Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Wayne C Novitiate

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    Default Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    I am writing this for my friend who is in the process of appealing against Zero Points at the Atos Medical and 0 Points he recieved over the telephone in an unexpected phone assessment at 8.45am a couple of weeks ago via a DWP assessor

    My friend suffers from the following things which severely limit his day to day activities, so much so that I am having to ask these questions for him!

    1. Ostemyelitis - infection of the leg bones in the past which causes pain and swelling to his lower limbs
    2. Depression - On Medication for this
    3. Anxiety and problems interactiing with others due to stress - he is seeing a Cognative psychotherapist to help him interact with others
    4. Urinary tract disorders which givce him constant pain and as yet have yet to be identified why
    5. Back Problems
    6. Hypertension ( diagnosed two weeks after his appeal )

    When my friend had the initial atos medical he was in a severe anxiety state to the point of feeling on the verge of being ill in the medical room the assessor ( doctor ) took no interesticon in this and continued to ask the questions, the lady who phoned him asked about other things which he says he told her about on the phone but there was no alteration in her assesment he still recieved no points what so ever!!.

    He is very worried about what to do where to turn to and got so stressed reading the 60 page document they sent ( including the medical practitioners report which seems to disregard most of what he tells me he said in the room.

    He has 14 days to send the letter to the local tribunals service please can anyone offer advice as to what he has to do.

    Thanks Wayne


  2. #2
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Hi Wayne,

    I'll do my best to help.

    I'm a bit confused when you say that "he has 14 days to send the letter to the local tribunals service..".

    You need to send the appeal form into the DWP / BDC, and not the Tribunal Service.

    First things first (I've been through the Appeal process myself once before, and am going through it a second time currently).

    Download the DWP GL24 Appeal Form here -

    http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

    Print it off, and fill it in, stating that you wish to appeal against the decision of finding him 'fit for work', on the basis if his ill health (specifying briefly the health issues).

    Send it Recorded Delivery. You must send it asap - ie within 14 days of the date of the zero points decision, to his usual local DWP / Benefit Delivery Centre office; ie - the same address to which your friend sent his Doctor's Notes.

    Once he's done that, come back to the forum, and we'll kindly help you with what to do next.




  3. #3
    Basic Account Holder Wayne C Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Hello to add some things

    he has had the Medical after filling in the pack initially last September, He was denied ESA as he scored 0 points, he appealed filling in the form and sending it in within the specified time frame, is now on ESA assessment level of 65 a week, the lady who phoned him was a lady who re assessed his condition over the phone, she was only on he says for 5 minutes he has received her letter which again gave him no points , next stage is the Tribunal

    so in a nutshell he has

    1. Had Atos Medical
    2. Recieved Zero Points letter
    3. Appealed with the relevant form
    4. Been reassessed over the phone ( he was totally unprepared for this and had been up all night the night before and tired out )
    5. has just got a letter from the Tribunals service saying he has 14 days to either say yes or no to a tribunal

    IS it true that they only look at how he was on the date of the medical on November last year as he is significantly worse than he was then probably due to this I may add!

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  4. #4
    Basic Account Holder feelingsad Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Technically yes they look at how he was then. Also would add that diagnosis in itself means zilch wrt an ATOS medical so the list of diagnosis is irrelevant to it. What matters is whether your friend can do x, y and z tasks. So his evidence needs to say what s/he can't do and why, sometimes the why can involve a diagnosis but you would need to expand on why practically as to what s/he has difficulty doing.


  5. #5
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Quote Originally Posted by Wayne C View Post
    Hello to add some things

    he has had the Medical after filling in the pack initially last September, He was denied ESA as he scored 0 points, he appealed filling in the form and sending it in within the specified time frame, is now on ESA assessment level of 65 a week, the lady who phoned him was a lady who re assessed his condition over the phone, she was only on he says for 5 minutes he has received her letter which again gave him no points , next stage is the Tribunal

    so in a nutshell he has

    1. Had Atos Medical
    2. Recieved Zero Points letter
    3. Appealed with the relevant form
    4. Been reassessed over the phone ( he was totally unprepared for this and had been up all night the night before and tired out )
    5. has just got a letter from the Tribunals service saying he has 14 days to either say yes or no to a tribunal

    IS it true that they only look at how he was on the date of the medical on November last year as he is significantly worse than he was then probably due to this I may add!
    Ok.

    Yes, your friend now needs to send back the form to the Tribunal Service, confirming that he does want a Tribunal Hearing.

    Remember - Don't tick the box, where it says "Are you available for an earlier, short notice Hearing?"

    This will give your friend a good six months to prepare.

    Your friend can seek help with preparing his Appeal letter from the CAB. They may attend the hearing with him too.

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  6. #6
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    As for the 'phone assessment', the DWP really shouldn't do this. It's immoral.

    From now on, I would advise your friend to only correspond with the DWP / ATOS / TS in writing, and never over the phone.


  7. #7
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    The focus from here on in, has to be gathering 'supporting evidence' from his GP / specialists to support his appeal.

    Good Luck.


  8. #8
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Hello there.

    There's also the forum sticky on appeals and tribunals. Even if your friend has help from the CAB, at least one person from the forum used the sticky templateicon for their submission for the tribunal and Welfare Rights said it was very helpful.

    My best, HB

    Illegitimi non carborundum.

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    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Hear, hear HB!

    I have to thank you HB for originally posting your sticky templateicon for the tribunal.

    I won! (Eighteen months back now)

    Silly me, pushed myself back into work too soon.

    So, had to back to assessment rate (CAB are appealing this, as it seems my WRAG should've been reinstated), have a second medical, and now an upcoming second appeal!



    Thanks again though HB, for your helpful templateicon.

    Wayne, have a look. It's a great format to use.




  10. #10
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Sorry to digress, Lee. If the templateicon helped you, can I put you on my wall of fame as a win please?

    HB

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    Nottingham1989 [with leemack] June 2011
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  11. #11
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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Quote Originally Posted by honeybee13 View Post
    Sorry to digress, Lee. If the templateicon helped you, can I put you on my wall of fame as a win please?

    HB
    Hiya,

    Yes, of course!

    (Won my Appeal back in September 2010)




  12. #12
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    PS - Just hope I win my second one.

    Very stressed but I'm prepared this time, and have had kind support from the CAB.

    The CLS lady will also be coming with me to the Hearing.

    Sorry Wayne. I'll shut it now!


  13. #13
    Basic Account Holder Wayne C Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    can you provide a link to the templateicon please?.

    Also I have just re read his Atos Assessment and the Dr who was an assessor was very aggressive in tone with him and repeatedly said " I didnt ask you that" and also said on many times " I Dont understand what you mean?, but has put on the assessment Efficient communication???


  14. #14
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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Quote Originally Posted by Wayne C View Post
    can you provide a link to the templateicon please?.

    Also I have just re read his Atos Assessment and the Dr who was an assessor was very aggressive in tone with him and repeatedly said " I didnt ask you that" and also said on many times " I Dont understand what you mean?, but has put on the assessment Efficient communication???
    Hi,

    http://www.consumeractiongroup.co.uk...-Viewing)-nbsp




  15. #15
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Wayne, what you've illustrated will be a good point to bring them up on, in that what was said at your friend's assessment, contradicts what is in his report.

    Follow the templateicon, and go through point - by - point on his report, marking any discrepancies.


  16. #16
    Basic Account Holder Wayne C Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Im a bit concerned though as the assessor who wrote the report seems to have carried on regardless , he told her he felt physically sick and asked for a drink of water, she still ploughed through with the barage of questions telling him as I say " I dont ask you that!! " , Apparently the lady who re assessed on the phone siad that any complaints should be sent to Atos, seems bizarre considering they based their assessment on this report and agree with the findings after re assessing.


  17. #17
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Wayne, I'm afraid what you're telling us is normal here. Have a read around the forum and you'll find countless examples. It happened to me too. I think it's partly the LiMA software and the dropdown box options, but the assessors really don't get good press.

    The only thing you can do is use the DWP's own system against them, which is what the templateicon does.

    I won my tribunal, I now know lee100 did [signatureicon changed btw, you're on it now] and a few other people from the forum have as well. I hope there are others who haven't told us, I'd be very happy to hear if they did.

    HB

    Illegitimi non carborundum.

    Please consider making a small donation to help keep this site running
    Click here to donate through PayPal (opens in a new window)

    If you are asked to deal with any matter via private message, PLEASE report it.

    IB/ESA Tribunal template successes [that I know about]:
    honeybee13 April 2008; brighton gal January 2010 ; cbbc May 2010 lee100 September 2010 HadEnough October 2010 nitelite February 2011 Pritti March 2011
    Nottingham1989 [with leemack] June 2011
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  18. #18
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Wayne, the woman sounds utterly atrocious!

    Par for the course though. Ask your friend to try not to take it personally, as most people 'fail' these assessments, only to win their appeals.

    The CAB will also put in a formal complaint to ATOS, on his behalf (mine has done just that).

    He'll be ok.




  19. #19
    Basic Account Holder lee100 Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Cheers HB!


  20. #20
    Basic Account Holder Wayne C Novitiate

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    Default Re: Employment Support Allowance Refusal - Next Stage Tribunal Advice please?

    Can I ask please if they they only go on the interview medical thing how will he have a hope of winning this thing?, if they dont consider anything after the Medical took place, he tells me that they didnt really ask him anything about how he felt in himself and looking at certain areas of the form Atos did they said, did not appear to be trembling wasnt sweating over much etc, surely saying you felt sick and such is a sign your not up to the drilling they give out!!

    I mean just because someone isnt sweating like that Comedian fella at mEdical and not shaking like a leaf doesnt correlate to how someones thinking inside.



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