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EddieCase

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  1. RaeUK - many thanks for that! I will try the same thing in that case. I still can't believe I waited so long for my tribunal to be treated that way! Good luck with your situation and to anyone having their tribunal hearing in Bedford, don't let them hurry you out of the room! (I won't name names - don't want to get sued for libel! (not that I have anything to take!)...! Thanks to all for the advice and pointers and good luck to all!
  2. Hopefully when I speak to them they can let me know what I need to do (not that I entirely trust them)... this sort of thing always seems to happen at the end of the month when I really need the money to pay the bills and make up the difference between my housing benefit and my actual rent!! I see DD's bouncing in my near future lol (sense of humour still intact). One thing I have noticed about the whole ESA/ATOS/Appeal thing is, if you don't appear to be depressed, you're far less likely to win! I refuse to let the fact that I can't do stuff get me down. It is very frustrating at times, but I can't change it so I've accepted it. My son is fantastic and really doesn't deserve to be around someone who, not only can't do anything but is also depressed! I really don't understand how my mental condition makes any difference to the fact that my back is.. umm.. buggered (had a different word in mind but won't say it here lol)! Anyway.. I'll call the lovely people on Monday and see where I stand re a new claim etc... and will seek legal advice on how to go about complaining / appealing against my appeal decision! On the plus side, at least all this will relieve some of my boredom!
  3. Thanks for the advice! I will look into the appeal decision and get on to re-applying for ESA first thing Monday. I guess it will keep me out of trouble for a bit... I just hate the way we're made to feel like criminals or lazy "bums" just because we are unable to work... I'd much rather be out working than bored out of my mind doing nothing at home! Good luck to everyone else going through this process... I wish I'd found this forum last year before my original ATOS assessment, lots of useful posts and tips... thanks!!
  4. Hi, and thanks. That is the case unfortunately but even at the time of the appeal I had 2 MRI scans, both done in 2010 before my ATOS assessment in Feb 2011. My most recent scan does show my condition has deteriorated, but even back in Feb I had the damaged discs and tumour and was unable to do anything for long without causing pain. They had clearly already decided the outcome before I even entered the room and the atmosphere in the room was quite hostile! At least I will be able to make a new claim, but I would still like to register an official complaint about my appeal as it wasn't heard fairly. One last question... should I wait for the expected letter saying my money has been stopped or should I apply right away? Thanks
  5. I was thinking that as well, I had a friend with me who was also appalled at the way they rushed us out of there, she said it felt more like a criminal court hearing or disciplinary hearing than an appeal! Should I reapply for ESA though, as I really can't afford to lose any income, we're struggling as it is thanks to housing benefit cuts etc...
  6. I finally had my appeal hearing for ESA yesterday, after waiting 18 months (my original claim date was December 2010). I was surprised to discover that they didn't take into account ANY of the medical evidence I provided as my MRI scans were from after my original ATOS assessment, so I was basically without evidence at my appeal hearing. It was obvious from the minute I walked in (in a lot of pain due to trapped nerves) that they had already decided the outcome, to the point that the Doctor's phone was ringing throughout the hearing, he spent more time looking at his watch than paying attention and at the end when it was my turn to speak, they shut the hearing down as they were "running late and the next person is waiting"... I am appalled at this, after waiting so long for my hearing, to be treated like something they scraped off their shoes, and then to have my appeal refused! I have 8 damaged disks in my back and neck, plus a benign tumour on T2 which is very painful. I can't walk far, stand for long, can only sit reasonably comfortably on a sofa or similar, driving is painful, I can no longer spend much time at my computer which was something I used to do all the time for entertainment (I loved my games). I can use a laptop for short periods of time. I don't go out as I can't guarantee somewhere suitable to sit, I can't walk my dog, and if I do any housework, I pay for it for the rest of the week. My hands are frequently numb etc... and they still upheld the 0 points I scored at ATOS! Back in Feb 2011 when I originally had the ATOS assessment, I was happy to work as much as possible, I'd not that long been made redundant and would much rather be working than bored, sitting on my backside at home, but the Jobcentre told me I wasn't capable of working with my condition and advised me to claim ESA, which I did. Since then my condition has got far worse. Does anyone know if I can make a new claim right away for ESA as there is no way I can work at all now? I am disappointed that I have lost the back pay I would have been owed, as I feel the appeal hearing was unfair and wrong and their decision was based solely on the ATOS report, which was full of inaccuracies and incorrect assumptions. However, I am more concerned about losing my current money as I also have a diabetic son and I can't risk not having food in the house. Apologies if this is a bit all over the place, my medication makes me a bit squiffy! lol. thanks
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