Appeal won baby YEAAAAH

[gismo46]

Sigh, it is finally over. Been on ESA since 2009, this was my second appeal. First time round I got 0 points but the tribunal upped that to 15. This time around I got 6, obviously I appealed. This was at the end of October. Heard nothing from them, had seen how some of you guys had to wait stupid lengths of time and was getting worried.

 

My first appeal, the first step only took like 2 weeks before it was referred to a tribunal, which took about 3 months before it was heard. Been waiting for over a month just to hear if it will be going to a tribunal. IT ISNT!!! YEEEAAASSS

 

Had to share it. Although I am a bit annoyed as I don't know how many points I have now, the letter only told me I had won and nothing else, seems the JCP phonelines are jammed and can't get through, but no worry, the main thing is I won.

 

Bloody glad, been explaining to them, pleading with them to let me stay on. I have mental health problems, but I know I can get better, I set myself a target for getting off this ESA, but the mental health teams where I live are woefully understaffed, so the process is a sadly long one. Looks like they finally listened.

 

YYYYYEEEEEEEEEEEEEEAAAAAAAAAAAAAAAAAAAAAAAAAAA

[honeybee13]

Brilliant! I'm so pleased for you. Thank you for letting us know.

 

HB x

[loopinlouie]

So glad for you, gives me hope when my time comes and obviously will involve appeal, that if have mental health amongst conditions probs can still win appeal. been worring that unless drop down dead infront of atos they wont give true appropriate points, but gradually resting alittle easier about it. Best wishes xxx

[gismo46]

Thanks guys.

 

Loop, is it your first time going through the appeals process? If so then I need to urge you to keep this in mind - the tribunal service is independant. They do generally give you a fair hearing. It is hard to keep faith when ATOS treat you the way they do, but don't lose hope. This is the second time I've beaten them.

 

What I think must have swung it in my favour was how I mentioned in my appeal papers the previous appeal and the tribunal's decision. Just wish I could get in contact with them to find out how many points I scored, and hopefully to get a copy of this medical report. I know the last one was filled with lies, whoever compiled the report just made stuff up.

[loopinlouie]

To be honest where I am its all worrying in advance as I havnt even been called for a medical yet:oops: Its just me panicky in advance though have calmed down a lot recently. I havnt got true help from hospital either, too many diff faces on mental dept wanting a person to go throug the whole story again and again, exhausting , so for now given up on getting any help and concentrating on recovering from the seizures I have as quick as can. Its just I know I will be in f ront of them with two arms, two legs one day soon like everyone else will adn I know when my time comes I will freak out:oops: Just nice to know the appeal is independant and that you WON:whoo:

[Micke12]

Had my appeal yesterday having waited 9 months for appeal.

 

Had real doubts about the tribunals independence as it is one government department making decisions against/for another government department and I told them of my doubts at the start of the proceedings.

 

Tribunal Judge and Doctor could not have been nicer and really put me at ease.

 

Made my own representations based solely on the evidence of the conditions at the time of the IB stoppage, in particular in reference to kneeling and bending.

 

The doctor asked me a few questions in this respect and I answered them as truthfully and as detailed as I could.

 

Started Tribunal at 10.16 and was completed at 10.38.

 

Result - appeal allowed - points increased from 12 to 15 so IB re-instated. I phoned IB department at DWP and they say it will take between 4 to 6 weeks to sort out the details but my figures for money that is owed mean that DWP owe me just short of £2000.00. Happy days ahead for the next few weeks.

 

If you have a good case and present your case reasonably well, trust me, the tribunal is very fair.

 

Sometimes though, it pays to let them know that you do not trust their independence, but don't do it in a challenging way, but sort of mention it in passing. That may sound strange, but it puts them in a mindset that you do not trust them, and that will put them in a position where unless there is real reasons for not allowing your appeal, then you will win by default.

 

My faith in civil justice in the uk has been restored, but still doubt criminal justice, but that is a different kettle so to speak.

 

My stress level has gone down 50 percent since yesterday, so believe me, this appeals system does give you great stress, but it is worth it if you can handle it.

 

The best thing this government could do, is remove the contract from 'I don't give 'ATOS'' and return the job of passing people as sick or fit back to the persons GP. GPs no the patient and are very unlikely to lie to the DWP saying people are sick when they are not, so GPs are more honest than a group of HCPs who are contracted by a profit based company that gets paid for the people it returns to the job market regardless of the truth of the patients/customers true medical conditions. We all know that ATOS HCPs get bonuses for taking people of the sickness register, but the information available is hidden in greatest secrecy under business damaging data.