Even my welfare rights adviser was surprised, had to get my friend read the full letter to her as I was so distressed. She asked me to drop a copy in to her which I have done. My friend has booked the medical and is going with me and I am taking along all the medical evidence and just going to give it him. I will soon know if they already intended to stop it as I am due payment that week and it should go in day of the medical so if it isn't in that week then that will prove that they already decided and with my medical info there is no way that I could fail. I score well over 100 points let alone the 15 required. If they had not failed me in first place I may well have been back at work now instead they have made me worse and its going to take even longer to recover and cope with my illness.

Hi helen Welfare rights are not closing my case till sorting this so I will have help if they do decide to ignore my medical evidence and fail me again. When i first failed ladies at job centre were really good and tried to help. They put in my appeal and request for review. She even stated how urgent it was and the state I was in but even that fell on deaf ears. they took 6 months to review the decision which they did not change despite supporting evidence to do so. First time I even saw the ATOS report was when sent the tribunal papers and they conveniently lost my ESA50 but said it would have been available to the doctor at the time, but from his report this had obviously not been read. Luckily a friend had already advised me to make sure I copied the ESA50 before sending it in so I was also able to supply the copy of the original ESA50 as well as additional supporting medical evidence from specialists as well as my GP. Even the work advisor was nice, told me not to be so hard on myself and that I just needed some time to recover, but since i failed the medical, though I have rung numerous times never calls back.Will keep you informed and once I do get better I intend to continue to fight to stop this type of barbaric treatment. NOONE has the right to treat another in such an inhumane way including our poxy government who are a waste of space. I would like to subject them to what we are being subject to for a few weeks and let them see and feel what it does to you.

Tribunal put me in work focused so I was expecting to hear from my work adviser, which is a lady from Shaw Trust. Even throughout this I have tried to get help from them but she never calls back. I don't mind being in the work group as i am desperate to be able to get back to work and can get the support that will help me do that and my advisor is local. What I don't understand is why I am being sent back to a so called doctor who failed me in the first place when the tribunal has already ruled I am entitled to ESA work related to have the assessment all over again. If it was only to assess what I can do why are they sending me to the same person that failed me in first place.

hi honeybee no its not connected to my DLA it actualy states that DWP has asked them to reassess me for ESA following tribunal appeal.

Hi Honeybee Yes it has sent me right downhill again. Got letter Friday luckily a friend was there when I recieved letter from ATOS, I got so distressed and rang welfare rights lady. Shes very surprised at it and now has copy. I have no choice but to go though and friend rang to make the appointment as I couldn't even talk. My friend is going with me and I am taking along all the medical evidence and tribunals judgment. I just can't believe that I have to go back there again when tribunal already overturned it and the thought of them failing me and stopping my ESA again and having to go through another 9 months of this is hell. They paid me my arrears and work related component as per tribunal order then send me back to atos presumably to fail me again so they can stop paying again. They should be forced to accept tribunal findings and not allowed to send us back within a certain period to ATOS whos report has already been ruled incorrect. I scored 12 on ATOS hence the fail and on medical evidence which was accepted score should have been in excess of 100. How am I ever supposed to get better and get my life back and get back to work when they treat you like this.

Hi helen Thanks for response, unfortunately the relief was very short lived, 2 weeks later and feel like I am back at square one. DWP are sending me back to ATOS for assesment yet again so I guess that they will prob ignore everything and fail me again and then it will be another 9 months to go back to appeal. Also now worried that if they do that I will lose my DLA. I'm sure its a conspiracy to send us over the edge. this sent me downhill again just as I thought I would get the help and support to be me again and be able to get back to work. I am desperate to be able to get back to work and have decided that I want to retrain to do support work and help people like us. I am taking along all the medical and tribunal evidence in hope that they won't fail me again but after last time and all there lies I am not expecting then to listen and take notice as I have not choice about having to go. Just feel like there is no end to it and they don't want us to get better, after all once better we might band together and put a stop to this barbaric system and stop them treating us this way. I really dont feel like I can go through this all over again all I want is the time and support that will allow me to be me again and get back to work. I did not even have to go to my tribunal hearing in end, medical evidence fully supported it and tribunal even told them I was to be in work related esa so I was not at all expecting to be sent back to ATOS within 2 weeks of that decision. Even welfare rights advisor is surprised but says I will have to go. Thinking of just handing all the evidence and refusing to talk to them but have requested advice on another post. Wish you luck with yours and will post how it goes

I suffer from PTSD and severe back pain following an accident years ago. I failed the medical and had to appeal as ATOS only awarded me 12 points, which should have been over 100. Welfare rights helped with my appeal which has took 9 months and got all my relevant medical and got the decision overturned. In addition they also said i should be entitled to DLA and they got me mid rate care and low mobility. I felt relief I would be able to get my life back, get back to work and be me again, but no within 2 weeks of judgement DWP has decided to send me back to the same ATOS so called doctor for assessment again that both lied and ignored my problems. I don't want to go but have no choice. Rang my welfare rights advisor and she is surprised but says I will have to go. I am taking all medical and tribunal support with me plus I will take a friend. I don't understand why they are sending me back when the appeal overturned it based on my medical evidence, I did not even have to attend in the end. I just feel so down, I'm sure its a conspiracy to send me over the edge. I have worked nearly all my life even as a single parent I chose to work. All I want is the support and help to be able to get back to work and be me again is that really too much to ask. This has sent me straight down hill again, if they ignore it and fail me again then I will be back at square one and worried I may then lose my DLA. I can't go through this again any advice would be appreciated. I am thinking of just giving him all the medical stuff and refusing to talk to him.

Hi It is disgusting that we have to fight for this right and help, it does make us worse having to go through this barbaric treatment just because we have an illness that can't physically be seen. All I wanted was time which would allow me to recover and get back to work. I was a single parent, worked full time and undertook numerous college courses to gain additional qualifications. If I had not been turned down I may well have been back at work by now, instead they made me worse and now it will take longer to be able to. I do not trust authorities and I dread even the though of ever having to go back to an ATOS so called doctor and hope that I can get back to work before I have to. Please make sure you contact welfare rights as they can help you get the decision overturned. I contacted them and took a friend with me for support as I was unable to even talk to explain what had happened to me and find it hard being around people that I do not know in case I break down. Not only did they sort out my appeal but they also felt that I should be getting DLA. They sorted that all for me and I now have both ESA and DLA. It is not right that we should have to go through this, all we want is time and support to help us get our lives back, but I am sure that they can help you get the decision overturned that will allow you to do this. Good luck with your appeal in fighting for the right to help and support that will allow you to get better.

Hi Susu Know how you feel, I also failed mine I also have PTSD and back problems and yet was given only 12 points, which should have been in excess of 100. I Would advise that you go Welfare Rights they dealt with my appeal. It took 9 months but they got it overturned and I didn't have to attend the hearing in the end. They rang on morning of hearing to tell me as they had overturned it on the evidence put forward. Welfare Rights also told me that I should be entitled to DLA and put in claim which has now also been awarded. There a great help so go see them, take with you any supporting evidence such as any medical reports you already have and ask a friend to go with you for support as they can help explain when you are too distressed. Good luck with it and if you do want to talk mail me direct, I fully understand the disabling effects PTSD has and how this makes it worse being a sufferer myself.

Sorry to hear you got such a bad time, but glad you won and hope you can start to move forward now. I also became ill feb last year and scored only 12 points on ATOS so had to appeal. My appeal has only just been heard 9 months for an appeal which is supposed to be maximum of 90 days, just shows how many are being denied by ATOS. I was also terrified at the thought of going to my appeal as this treatment has made my illness even worse. I fortunately was luckier and was represented by welfare rights who obtained all my medical info and supporting evidence which showed i should have well in excess of 100 points let alone the 15 required. On the morning of the hearing I received a call just before i was going to leave for the hearing from my representative to tell me that did not have to attend as they overturned the decision. Welfare Rights also felt that I should be getting DLA and put in an application which has been awarded. I was not at all confident that I would get any of it and life just seemed pointless. No one should be subjected to this sort of treatment and made worse, I am now going to try changing this awful event in my life to a positive one by getting myself better to get back to work, and would like to retrain and get into support work for people with disabilities. ATOS is a disgrace, the doctors seem to find against you if you do not have a visible disability and in my opinion DWP pay them to find against as many as they can. I dread the thought of possibly being sent back to them but if I do I am going fully armed with all my proper professional medical reports. I hope that you can start to try and get your life back together. It is not a crime to be ill, why should people be treated as such for example under ESA rules you are supposed to inform them if you go away even for 1 day. This is a breach of our human rights.

Thanks Almond thats a help. Have the directors family home addresses as he owns 2 houses, the second is rented out by his wife, so hopefully can force payment. We are just waiting for the order in post and to see whether by any miracle he will respond to letter requesting payment from my rep, but i very much doubt it as he failed to comply with any tribunal orders hence why they gave me the max uplift, he left tribunal with arms waving as he thought he would get away with his lies and was shocked at amount of award, so reckon it will probably have to be a CCJ to force him to pay, but if not will try to force the issue with threat of personal injury claim and getting him struck off as a director of all is companies. At least I have justice now and have the ruling and can at least try get back the PPI plus compensation for my credit card insurance which wouldn't pay out and hopefully get that debt cleared. Don't give up on tracking your employer down. Check companies house to see if he is listed as a director, if he is there are details of how to make a complaint on a companies conduct and they can disqualify him from being a director of any company for a period they decide so have a look and see if he is there and whether his actions qualify with what can be dealt with by them.

Well finally had my case heard after it being thrown out as the tribunal letters had been sent to wrong address. Employer still failed to respond even to tribunal directions and won the case completely with the maximum 50% uplift. Turned out at the hearing the director wasnt even a director and he tried to deny all knowledge of the bullying and harrasment but luckily they saw through his lies as he contradicted himself over and over and I have been awarded just over £7,000 from the company. However next problem is getting the payment as it also turns out they had not paid my tax or N/I and the company is listed for striking off due to not filing accounts. One of his other companies has also been struck off and they are now operating in a different area with other companies. Does anyone know what the procedure is to force him to pay up if the company I,m awarded against is dissolved. My rep is writing to him to try and get him to pay up and we will apply for a CCJ if he doesnt plus I believe that after 42 days that I can charge him interest at 8% for each day outstanding. I did name him personally on the ET1 as I knew he may try this so would I be able to claim against him personally and stop him being a director of any company if he doesnt pay up. Any advice as to options would be appreciated.

I took out an endowment policy in Jan 1985 which would have been due to mature in 2000. About 12 to 18 months after I could no longer afford the payments so therefore had to let it lapse. I had forgotten about this policy but have just come across the schedule of my policy and wondered if anyone knew whether I can get anything back on it for the payments that I had made, or how I would go about finding out. Thanks in Advance

I made a claim to employment tribunal after I had to leave my job because of bulling and harassment from one of its directors. My claim was accepted and I was waiting to receive the ET3 response. I still had not received it by end of Jan and was getting rather concerned so rang Acas again with my ref details to find out that my case had been struck out in January and I would have to ring the tribunal to find out why. I rang the tribunal and learn t that it had been struck out as they had asked for additional information and had not received a response from me. However I had not ever received either a request or the ET3 response on on telling them this, she checked and found that they had not been sent to a different address, hence why I had not recieved anything. I put in an application for review that day by email and have rung weekly since, but though I keep getting told they will have to review it as it was there error and not to worry, they have been extremely snowed under abd it is on her desk and she will get round to it soon, but it has still not been looked at and have not heard anything. I am still unemployed and have now become extremely ill with all the stress of this and now have been signed off as unfit for work. I've even wondered if my old employer ahs somone in his pocket at the tribunal. Can anyone advise what to do? Thanks in Advance

She isnt liable for the rent or council tax, however there benefits will be severely reduced because she lives there. Know this having experienced this myself while out of work with no income because my daughter and her baby son lived at my home while waiting for housing, even though I had absolutely no income my housing benefit and council tax benefit was severely reduced plus I lost the single person reduction costing me around £50 per week out of £0. In end resulted in serious arrears, my credit card being used to max just to survive week after week and constant baliff visits. In the end I had no choice but to give my daughter and grandchild notice to quit which finally got them housed and I am still paying off the debts. She was not able to make a claim towards paying me as I was her mother and no account was taken into the fact she had a baby to support, yet now she has her own home she is entitled to support yet now she has her own home she gets housing and council tax benefit to help her. Councils are disgusting theives with no regard to peoples circumstances.

Congratulations and great news on the award, dont give up on finding him chase him to end of earth to get it. Electoral roll is good place to start to track down somone, start by checking out his last known address then you can see who else is registered there as well and follow on from there.

Thanks Have taken your advice and started to complete ET1 form as I think it should be completed then will print form off and take along to CAB next week for checking so I can make any amendments if needed before sending off to ET.

Thanks almond I shall not give up. Have ordered that book and will try get to see somone to help fill in forms next week. Hope you got on well with your hearing.

Thanks very much almond. Good luck for Monday. CAB in my area is rubbish as you can never get an appointment and have to sit there all day every time you go, but will try CAB in my boyfriends area to see if they can help.

I have been working for a small company for 15 months that consists of 2 directors. One director is based at the company the other just visits. I had no problem with the director I worked with but a major grievance arose a few months ago as the other director is now present more often. He has been abusive and belittling towards me and has clearly stated that he disliked me. The director I worked for was supposed to sort it however this did not happen and on his last visit he started on me yet again for no reason. I approached the director I worked for yet again to be met by the response that he could do nothing as he owned half the company and was left with no choice but to leave. I sought advice and followed the statatory grievance procedure giving 28 days for response but have had no reponse. Please also note that I have never been issued with a contract and have not had my p45 or any wage slips since last year. I wish to claim constructive dismissal, bullying and harrassment and victimisation but am unclear on how to complete the ET1 form and which laws I will need to research fully. Can anyone help with this? Thanks in advance