Hello to all...HELP..ESA tribunal !!!!!!!!!

[jsmum]

Hello All,This is my first ever post so please bare with me! I am hoping there may be someone, somewhere who knows- more to the point-understands about ESA tribunals. I am due to attend a tribunal next month & thought i should start to prepare but quite frankly have no idea where to start on top of being petrified of actually going to the hearing! What i was wondering is, is it worth pointing out at the tribunal that the supposed HCP who came to my home to do the examination was completely unaware of my condition? He was working from the ESA50 form that i had completed a whole year before the actual examination took place. during this year i became seriously ill and it was later found that after having the accident they had actually missed that i had a broken bone in my neck that was on its way to severing my spinal cord. I had surgery then the ATOS examination 8 weeks later but the hcp had no idea when he arrived (after going to the address i had moved from a mere 5 months before?) of any further problems only what had been submitted in the original esa50 as obviously at the time i didnt know either, although i had informed my local office dealing with my ESA claim the same day i found out. I was just thinking, surely for him to compile a medically correct report he would have had to do a little "knowledge brush up" seeing as he is not a specialist in complex spinal issues? Myself and my sister- who was with me at the examination were truly shocked (completely gob smacked) by the whole palava but shocked/ amused that i had actually been awarded a total of 0 points! i can not believe that they have put me in this position of a tribunal and rejected my appeal. I seriously nearly gave up because of the stress but knowing i have been dealt with so unfairly makes me want to fight on. I would be so grateful of ANY advice. Thanks in advance.

[honeybee13]

Hello there and welcome to CAG.

 

Here's a link to the forum sticky about appeals and tribunals. It's based on the letter I used for my own tribunal and I won! There are links to things like the DWP descriptors so you can argue the DWP's rules against them. You need a copy of your Atos assessment to do this. There's also a description of how my tribunal and Bookworm's went.

 

Please have a read and come back with any questions you have afterwards.

 

My best, HB

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

[jsmum]

Fisrstly- thankyou so much for replying & i am about to print your suggested letter, it looks perfect. I already have a copy of the report so can start to go through that the way you suggested. I just had a look at the handbook link but i dont think i can use it as it states those rules apply from 28th march 2011 and my examination was on the 17th!!! oh no does this mean im in trouble!

[honeybee13]

Hello there. I don't think you're in trouble about the date change, but I'm not one of the forum experts. You could ask the DWP to send you the descriptors for when you had your 'medical', I guess.

 

I didn't realise they'd changed, tbh. With luck someone will turn up and explain to you about that one.

 

My best, HB

[jsmum]

Hi honey bee, Firstly thankyou so much for the link to the template letter it has proved an absolute god send. I have gone through all the sections of the doctors report and as you suggested and actually found a few more things than before. What i was wondering is - i have just noticed in the pile of tribunal papers in section 4 The facts of the case (from the dwp) that they have made a huge mistake regarding my condition & dates, i was just thinking is it worth writing this in as well or should i just leave it?

[honeybee13]

Hello there. I'm not an expert, having done just my own appeal, but my feeling is you should definitely mention it if they've made a mistake. What have you got to lose?

 

My best, HB

 

PS If you win, and I really hope and pray you will [i shall do what I can to help], can I put you in my 'hall of fame' please?

[jsmum]

yes thats true i guess. I would love to join `the wall of fame` but am not holding out much hope at this stage, although i do firmly believe they have made a mistake. If i had to do this all again in 20 years it would be a minute too soon!! so so stressful!

[chrisd8780]

Nothing shocks me with the ESA, I scored 0 points too with a shoulder which kept dislocating(when I received the letter informing me and telling me to go back to work, I had just had surgery and had my arm in a sling) I eventually ended up having to leave my job and claim jsa. I appealed but didn't really have a chance of winning it as i was stuck on the wrong side of it affecting my everyday life as they put it.

 

Go to citizens advice or similar and see if they will help you with your case, not sure if you could also get legal help with it via legal aid.

 

Don't be afraid to mention anything what is the truth it's not your fault they don't take into account that your condition may worsen.

 

I was told after I lost my appeal that I could reclaim provided "there was/is a worsening in your condition" which from what you have posted is the case, so worst case scenario claim again stating the above. Hope I never have to encounter Employment and (no) Support Allowance again.

[jsmum]

Hi to all, just wanted to thank everyone for all help, info & reassurance especially honey Bee whos advise deemed invaluable. So i had my tribunal on friday, I won!! I went in with 0 points and came out with 45!! I was so so pleased and utterly relieved its over and in my favour!

[honeybee13]

Hello again.

 

I'm so thrilled for you!! What a terrible system if it gets it so wrong. 0 to 45 is just ridiculous.

 

What do you think about the wall of fame now please? I won't do anything until you say.

 

Sleep well, I hope.

 

HB x

[gismo46]

Hi to all, just wanted to thank everyone for all help, info & reassurance especially honey Bee whos advise deemed invaluable. So i had my tribunal on friday, I won!! I went in with 0 points and came out with 45!! I was so so pleased and utterly relieved its over and in my favour!

Holy oh my god. This is one of the biggest screwups I've ever heard of. I am so pleased for you, please, revel in this. All the crap they put you through, now you have proof that not only did they get it wrong, they got it monumentally wrong.

[chrisd8780]

Just shows what Dingbats atos are

[count orlok]

Congratulations. Going on that result, I surprised that they aren't giving people negative scores