ESA appeal, really angry at what a Nurse sent, my reply - ***Vindicated***

[HadEnough]

thanx Emma, only 2 hours to go now, not all that nervous really probably because i'm not all that concerned about winning.

[gismo46]

Cannot really offer any advice etc, just want to offer encouragement, hope it goes your way.

[HadEnough]

Thanx Gizmo, it went my way, got 18 points and support group. The welfare rights guy said it was the easiest appeal he'd done, he had nothing to do and that my prep was excellent.

thanx all for help and support

[HadEnough]

I don't know how you go about changing thread titles but if someone does then could you change it to "Vindicated" and not Won, i've won nothing, I've only cleared my name as far as i'm concerned.

[gismo46]

I am pleased to hear that mate, well done. It is a nightmare when you know something is wrong with you and you want to get it fixed, but then having to deal with all this stuff on top of it.

 

Im still waiting for my appeal papers to come out.

[honeybee13]

I don't know how you go about changing thread titles but if someone does then could you change it to "Vindicated" and not Won, i've won nothing, I've only cleared my name as far as i'm concerned.

 

Hello HadEnough. I'm pleased for you and well done. I think to change your thread name you may need to contact the site team and ask them. If you don't already know, you click on the triangle at the bottom of one of your posts.

 

My best, HB

[Penny For Them]

Congratulations and well done! Proud of you for taking a giant step by attending the Tribunal

[emmaf01]

Well done, HadEnough. You deserve your vindication. If only they got an administrative equivalent to a slap for every one of these "assessments" that they get "wrong". There is no real justice.

[ErikaPNP]

Glad you got what you are entitled to - just a shame that you had to go through this farce to get it.

 

Thread title amended as requested.

[RaeUK]

Glad things worked out for you in the end.

Best wishes

Rae

[HadEnough]

Thank you all so much, I guess i feel a bit let down, i expected to feel joy or a sense of victory if i won and i don't. There should be some sort of fallout for the HPC's and DM's but there isn't and thats the real injustice, no-one is going to learn from this when they should be, so it'll keep happening.

The judge basically said that the medical and therefore the report the decision was based on were fatally flawed, they had ignored compelling medical evidence, and all they would decide on were my answers to a few questions concentrating on just 2 descriptors, awarded 9 points for each.

The Judge and Doctor were as i'd expected, all business, but not pushy and they explained everything as they went along. When I went back in for the decision the doctor said it was a pity i had gone through this when what i needed was support, he said that it was obvious i was doing everything i could to help myself and the report "seemed to penalise me for that".

I'd say to anyone who is thinking of appealing then do it, if i can "win" then anyone can, it's not as bad as you'd think, if you can see the flaws in the report so will the panel, use the sticky by HB (I think/hope) as a starting point, point out were the report is contradicting other medical evidence or even what they've wrote earlier in the report, as they did in mine, once you discredit the report then it's only a case of getting enough points from the panel who DO take into account your GP's and Specialist's opinions.

The only thing i wish i'd done differently is i wish i'd sent the letter in on page1 of this thread, because there were a couple of comments made, which i couldn't answer which i had covered in that letter, I feel that if i'd sent it then it would've been even easier.

Thanx all once again.

 

Ps. just realised I now have a deposit for somewhere to live, now i feel better8)

[honeybee13]

I really hope this is a turning point for you and thank you for the mention of my sticky.

 

HB x

[Gemstar]

Hello

 

Congrats!!!!!

 

By the way did they indicate when you are to be re-tested by ATOS? Apparently ATOS at your medical will have indicated to the DWP when you are to reviewed again, unless you asked the Tribunal to fix a date or time different to that.

 

And then the whole damn thing starts over again!!!

 

Gemma

x

[HadEnough]

Hi Gemstar, no mention of when my next medical will be, i told the welfare rights guy that i wasn't all that bothered about winning because either way i'll have another medical within a few months and he agreed, but as he pointed out, i have now been through the whole process so i should be able to avoid the medical by putting the correct info in the ESA50, this is where we need to concentrate our efforts so we avoid ATOS altogether, I think he's wrong because they seem determined to get everyone off benefits no matter what, but time will tell.

[Bustard]

They're under pressure / orders to trip people up full stop - The Government denies they are financially incentivised so you can read that as they are . There's orders to get the bill down and put people on JSA & fail 75 % , come hell or high water . I've dealt with ATOS Origin at work ....a shoddy amateurish & corrupt cowboy outfit .

 

They had the IB people in Burnley for medicals , 80 % of those failed won their appeals . They use US Medical Insurance Software called LIMA .....basically the idea was to wriggle out of paying for claims ....no matter how vague or obscure the grounds were .

[Bustard]

Also with the union , members have reported their " doctors " to the General Medical Council & their " nurses " to the Nursing & Midwifery Council

[jackieandwayne]

Well done Hadenough, really pleased to hear your good news.