hi there

I found your forum today after finding out my aunt has to go through a second appeal and tribunal, the last one was only settled in feb this year, my aunt went to the first medical back in oct last year and answered all the questions she was asked and the man doing the asesment told use she should be getting the esa without any trouble and if its dinied to appeal and she'd win. The first tribual was bad enough for her she was under so much pressure it made her depression worse. The way she was spoken to was downgrading and very upsetting for her.

she suffers from long turm clinical depresion, after back surgery 5 years ago ( that went wrong) she also has to deal with numeness down her right side, back pain, dificulty walking & sitting for a long time, also she can't retain information & gets confused easly, she has been told that it is never going to get better only worse. she was not aloud to have someone explain her problems to the tribunal so got very flustered & ended up having a panick attack in front of them, but furtunatly she won her appeal.

now she is back in the same position as last year, her medical was in oct and they dinied her for esa again, nothing has changed since she won her appeal in feb, how can they one minute say she is not capabile of work and the next say "we decided you do not have any limited capability for work"?

has anyone else had the same problems?

can anyone offer some advice for her we are running out of idears & the thought of this second tribunal is already making her ill.

Despite the difference in medical history, my wife is basically in exactly the same situation. I've made a thread on it earlier today:

http://www.consumeractiongroup.co.uk/forum/showthread.php?326590-Wife-s-ESA-Medical-Declined...-Again!

I hope that you find success again - it is absolutely disgraceful how ill and disabled people are being treated.

The criteria changed in march.

i have just read the work capability assessment that was "filled out - or not" when my aunt was in for her medical SHE HAS 0 POINTS thats right 0 how can a medical person or anyone for that matter not see the sever limp when she walks this is how they marked her: the blue is what the medical ignored and didn't put in report

learning new tasks-0 points, only after spend hours showing & reshowing her do's she

pick up new tasks ei filling out forms, working new moblie phone, ect

dealing with other people-0 points, has panick attacks when shopping or in crowds

coping with getting somewhere that you don't know-0 point, gets lost alot in car & walking around

can move more than 200m on flat ground-0 point can't walk more than 50m with out pain

can stand or sit for more than 1 hour-0 point, can stand or sit for no more than 20mins on good day

picking things up 0- point cant bend down and pick up from floor

the women that did her assesment must have been deaf, blined and stupid

how can they assess anyone else when there not even seeing whats right in front of them