ESA - Help and advice needed.

[happyhamr]

This morning i sent reply to cbbc saying well done and congrats on Appeal..

 

also mentioned i had Concerns about Thread 6

IT was Explained that only Evidence up untill Medical in September could

be taken into Consideration.? Unjust Unfair and WRONG... IMO

[antone]

This morning i sent reply to cbbc saying well done and congrats on Appeal..

 

also mentioned i had Concerns about Thread 6

IT was Explained that only Evidence up untill Medical in September could

be taken into Consideration.? Unjust Unfair and WRONG... IMO

 

Basically, when you appeal you are saying that you believe the decision was wrong at the time it was made. Therefore, you can only question the information used to make the decision in the first place. Decision Makers can't be expected to see into the future, so medical evidence from, say, March 2010 can't be used to prove that the DM made a mistake in September 2009.

 

If a customer's condition has become worse since the decision was made, the correct procedure would be to make a fresh claim based on that fact.

[speedfreek]

antone beat me too it

 

IT was Explained that only Evidence up untill Medical in September could

be taken into Consideration.? Unjust Unfair and WRONG... IMO

 

Its not really is it? As a decision is made on all the evidence presented to the decision maker at the time it's made. Any further evidence can not be submitted as it has nothing to do with the determination of the original decision.

 

The appeal is in essence that the DM has come to the wrong conclusion based on the evidence given to them.

 

Although I've read post on forums where they say new evidence has been accepted. I'm sceptical as it may just be this new evidence is really clarification of other items given to the DM at the time.

 

Now the 6 months rule before a new ESA claim can be filed, when further supporting evidence can be produced to back the original is another matter altogether.

[antone]

antone beat me too it :grin:

 

Heh, and with a name like speedfreek, too

 

Although I've read post on forums where they say new evidence has been accepted. I'm sceptical as it may just be this new evidence is really clarification of other items given to the DM at the time.

 

[bolding mine] This. It's the difference between saying "this report from my doctor shows that I am in poorer health now than I was when the decision was made" and saying "this document demonstrates a material fact that the DM did not properly take into account at the time". The first case can't be considered by the Tribunal, the second can.

[happyhamr]

ATOS medical person assessed me

 

Medical Report sent to me , I Requested this from Belfast.

 

Informed i could send Additional evidence/info to help my Appeal

 

Have been doing so (Recorded letters) seemed OK

 

ME Thinking thess would help out. Why should it not?

 

Prognosis..-MED REPORT .Functional problems

"I advise that a return to work could be considered within 3 months

 

so if atos person has said this would it be fair to say....

 

 

I WAS UNFIT FOR WORK (at that time?)

[antone]

You can indeed submit further evidence, and it's a good idea to do just that. But the evidence must relate to the period covered by the decision you're appealing.

[furnitman2003]

Interesting point Happyhamr,

 

Prognosis..-MED REPORT .Functional problems

"I advise that a return to work could be considered within 3 months

 

My Medical Report Form said similar to that, I'll bear that in mind for my appeal, Thanks.

 

I photocopied my ESA50 form before sending it in, and after I was awarded '0' I requested the 'Medical Assessment Report',

Then went through all of them in detail, I compiled a 5 page letter of 'mistakes' and 'contradictions', I'm keeping it safe for the appeal.

[happyhamr]

Recieved loads of paper work about my appeal ?

belfast (DWP), say they have sent info/appeal letter to Tribunals service.

is this correct?

in mountain of paper work it states date of Reconsideration in schedule of evidence **/**/** (date)

this is the first time i have seen this form.

it also states NOTIFIED to customer on **/**/** as above? on form/letter DR1?

I have supplied 3 pieces of informaion,since the original med assessment,and Reconsideration date,they say "has not provided any new evidence in the reconsideration Application to affect the medical

report of **/**/**.

also recieved a ESA56 stating "a determinatiom on the WCA is required?

have attended PATHWAYS ; any thoughts/help/advice Please........

[happyhamr]

Most of the stuff "the facts of the case",does not even apply to ME?

 

do they listen

 

do they even read your med questionaire

 

I think not.

[happyhamr]

Because of this Reconsideration(just found out)

 

can i use evidence(in court) ,sorry tribunial from date of med assess

to date of reconsideration??

[ANDYANDFLO]

Hi, first of all many thanks to all that have helped me on this forum, I seem to be getting some headway with my particular problems.

 

Having read the past few comments, I feel as though someone has walked over my grave!

 

When I completed the ESA50 it took all of 10mins - honest! just a few ticks here and there. OK OK, I know better now, but to be honest I thought what was the point in writing it down as I would no doubt have to have a medical and all would become apparent! More fool me!!!

Anyhow, given that I didn't do myself any favours with what I did write down, I made it even worse by refusing to (a) admit to other illnesses that I was suffering from, that even my GP did and still does not know about. (b) refused to carry out any physical examination on the grounds that it was sheer damn agony!!!

 

Anyhow, what I would like to be made clear to me is that apart from the sick notes I have submitted, the medical and the part completed ESA50, am I still entitled to present 'new' evidence at the Tribunal hearing relating to the period up to the date I was failed. This evidence will have never been seen by the DWP before and in part, that particular other illness was never disclosed as suffering from. Or can I only produce evidence that backs up what information etc they did have at the time they decided against me i.e what was only disclosed on the ESA50 & discussed at the medical?

Edited May 19, 2010 by ANDYANDFLO
an apology for 'in part' hijacking this posting, but it seemed very relevant

[RaeUK]

My instincts say yes, andyandflo. But you will need supporting evidence from that period - your GP could help or any of the organisations I mentioned on the other thread might assist.

I would send copies of the evidence to the DWP as well as the tribunal service. The DWP can opt to overturn their decision at any time up until the tribunal itself.

Best wishes

Rae

[happyhamr]

Hellow Andyandflo

 

1-mir scan (Dec)

2-referal letter (JAN) to hospital (tablets)

3-certficates(nov09-continuous

 

4-med assessment (feb)

5-med report -"i advise a return to work could be considered within 3 months ATOS(person) suggests not fit for work?

so he , new i was going into hospital (tablets,all the time-affecting health.

 

this is the longest i have ever been off,just knocks stuffing out of you

people on here are great . sometimes it seems ,fighting loosing battle

forms ,forms,more forms....

 

( red tape,.).....must be abetter system ?

[happyhamr]

sorry,

Hellow Kelcou

 

I was just typing very,very slowly....(computers)

 

just really crap.

[happyhamr]

I think the answer is no andyandflo

 

have a look at cbbc thread ,some info on their.

[ANDYANDFLO]

My instincts say yes, andyandflo. But you will need supporting evidence from that period - your GP could help or any of the organisations I mentioned on the other thread might assist.

I would send copies of the evidence to the DWP as well as the tribunal service. The DWP can opt to overturn their decision at any time up until the tribunal itself.

Best wishes

Rae

 

Thanks Rae, I hope so, and with the help you have already given me, I have two guys coming over - RBL & SSAFA. I am waiting for the Medical Records under the FOI regs, which will detail all of the 'unreported' problems.

A little concerned over the comment that this info and reports should go to the DWP as well. Have very little trust in them coming to the right decision.

Thanks once again

[ErikaPNP]

Because of this Reconsideration(just found out)

 

can i use evidence(in court) ,sorry tribunial from date of med assess

to date of reconsideration??

 

Afraid not. The reconsideration is an integral part of the appeals process, and occurs in every case, even if a previous reconsideration has been performed. The evidence presented can only relate to the time from when you claimed until the time where the decision was made that you were not entitled.

 

If you receive evidence after the date of the original decision, a tribunal will not accept it unless it can be demonstrated that although the evidence was given after the decision date, it related to the claim period (which is the date from when you apply to the date you were refused).

[honeybee13]

Hi there. The guys you mention are really mainstream, aren't they? I really hope they help you, fingers crossed.

 

You will keep us posted, won't you?

 

My best, HB x

[RaeUK]

AAF, that is great news about RBL and SSAFA, hope they can help.

The only reason I suggest sending further evidence to the DWP is that they'll get it anyway. Whatever is sent to the tribunals service by you has to be copied to the DWP. And whatever the DWP send to the tribunals service has to be copied to you...

It may not, of course, change anything.

Best wishes

Rae

[ANDYANDFLO]

Hi Honey & Rae, thanks for your good wishes.

Yes I rather gathered that the DWP would get their mits on it all. I know what I would just love to send them, but I can't, it would be totally illegal! I just don't trust them, the same way probably that I don't trust my GP not to send for the men in the white coats!!!!!

I don't see that there is any problem in bypassing the DWP by handing over the evidence at the hearing. They can't refuse to accept it - but no doubt they will need an adjournment to consider it all which is fine. Or am I becoming too paranoid???

Thanks

[RaeUK]

Not paranoid. Unfortunately, due to the way the benefits system is being run, the DWP has lost the trust of the majority of people.

My concern about leaving it to the day itself is that it would be a massive gamble. That said, I have no idea as to what the tribunal would be willing to accept on the day. Maybe something, maybe nothing at all...

Best wishes

Rae

[HadEnough]

Hi all

I'd send everything to the tribunal at least, better safe than sorry.

I haven't sent anything to the DWP because i just can't afford, should we at least send it to then 2nd class, so they can't get any delays?

 

ps, were at about the same stage.

[ANDYANDFLO]

Hi all

I'd send everything to the tribunal at least, better safe than sorry.

I haven't sent anything to the DWP because i just can't afford, should we at least send it to then 2nd class, so they can't get any delays?

 

ps, were at about the same stage.

 

Hi both, I think it is me being 'pig headed' just like most men I suppose. I honestly feel like walking into the Tribunal weighed down with evidence that supports my contentions and dumping it on their desk from a great height!

Not the brightest of moves I suppose and as you rightly say Rae, they could just turn round and tell me it is too late!!!

So, follow the system - gosh when was I ever one to follow the system!

OK will accept your very sensible advice and have DHL deliver it a few weeks beforehand!!!!

Thanks all

PS. I had my medical in January 10 and expect to have the Tribunal Sept at the earliest - how is sunny Preston coping with the hearings - do you know?

Edited May 21, 2010 by ANDYANDFLO
Missed a line!!

[happyhamr]

For give my ignorance,but dont the tribunial(when you finally get it)

take into account where you Live? Journey/travel etc

 

can some one Please "clarify"

 

Thanks

[antone]

For give my ignorance,but dont the tribunial(when you finally get it)

take into account where you Live? Journey/travel etc

 

can some one Please "clarify"

 

Thanks

 

Yes, they should. It is possible to contact the Tribunals Service and ask about this sort of thing. To get the phone number, call the DWP office that paid/pays your benefit. The Tribunals Service is not part of the DWP.