ESA Tribunal Aid - Practical and Mental?

[honeybee13]

I only have recieved the evidence pack, no forms.

 

I guess I'll wait. Thank you.

 

Hello again.

 

I'm still not sure what forms they were talking about. Would you mind confirming please, you've sent off a GL24 or a letter saying you want the DWP to reconsider their decision about your ESA and they've said no?

 

I'm happy to be corrected, but I thought the next step was the tribunal.

 

My best, HB

[feelingsad]

Yes I didn't receive any forms. I just sent my letter off saying I was appealing and the only thing I received was the appeal pack, no forms or anything. Then we went to Tribunal once we got a date months down the line ..

[Sura]

This is what's happened so far;

 

I attended a medical.

I recieved my letter saying I scored 0.

I filled in a 'Why you think we are wrong,' form and wrote a letter stating I'd like to appeal and why. I sent it off with my GP's letter.

I recieved a pack last Thursdsay stating a Decission Maker has refused to look over my appeal and so the decission is still 0 points. The pack contains a copy of everything so far, my letter, ESA50, ATOS report, etc.

On the front of the pack is a letter with Tribunal addresses but no dates and no information of what to do next.

It states I should be expecting some 'forms for my completion' within '2 weeks of the submission.' ?

 

Maybe that'll help.

[honeybee13]

Hello again.

 

Does it say the DM [decision maker] refused to look at your appeal [request for reconsideration], or that they looked at it and refused to change the decision please?

 

I'm still confused about the forms, I would have thought the next thing would be a tribunal date, but maybe not very soon. But the pack they've sent you sounds like the documents you need to mount your case against the decision not to reconsider.

 

Is there a name on the letter of someone you could ring to check what else they're sending you and if your papers have been/will be sent to the Tribunals Service?

 

My best, HB

[feelingsad]

I'm just a bit concerned that you waiting for forms that might not arrive, not sure what forms they are, will mean you have missed the deadline to tell them you are appealing. If it were me I would just write and say I am appealing and state why, again.

[Sura]

There isn't a phone number but I'm guessing I could ring the DWP and try and work my way through the Hold times and try and get some info! I'm also worried I'm waiting on forms that may never come.

 

I'm unsure, HB. The sheet at the back of the pack has the 'Revision refused' box ticked, and the statement from the DM says 'There was no additional evidence provided and I saw no break in the law.' That's all I know.

 

I'm going to go ahead and collect some evidence, and I've already made a list of things I can't do and worked on the score I think I should gain from their criteria. I've also annitated the ATOS report, outlining where the doctor has contridicted himself, lied, noted down undiscussed matters or given vague/twisted answers. :/ (Which was quite shocking, but more common after reading everyone's posts on here!) So I am fully prepared to appeal again or make a case for Tribunal either way...

[lee100]

Hi Sura,

 

I've been through this before.

 

First off, there are no other forms to wait for.

 

From what you're posted, you've sent in your appeal, it's been reconsidered by the DWP and the DWP DM has refused the reconsideration.

 

You're now at the stage where you prepare your written submission to the Tribunal Service, and gather evidence.

 

Secondly, forget about phoning the DWP. It's better to do everything in writing (as you have been doing), so you continue the 'paper trail'.

 

Don't be fearful of the CAB / Welfare Rights. Their job is to assist you. Let them help.

 

I was nervous about going through it all with the CAB / Community Legal Service lady, but she couldn't have been nicer. She's taken a lot of stress away, just by writing to the DWP / ATOS / The TS on my behalf (I'd prepared my own submission to send as well).

 

You're on the right track.

 

First things first. Tomorrow, make your appointment with the CAB for help with preparation / representation.

 

All the best, and good night.

 

[Sura]

Thank you so much for your help.

 

I've had a few set backs - in that my Physiotherapist has moved hospitals and now I need to wait 2 weeks and start seeing a new one all together... I also don't have a GP appointment till the 23rd, but once I see those 2 people I can have my medical evidence.

 

I will also make a CAB appointment.. Just very nervous.

 

Is there a time limit on this like there is with the appeal process? A month?

[lee100]

Hi,

 

Regarding the time limit on the appeal process, to give you an idea;

 

I had my Medical last June '11; Zero points in July; Reconsidered by DWP automatically in August; Still zero points; Appeal then submitted to Tribunal Service in September '11;

 

Still waiting for an appeal date!

 

TS have told me that they're currently confirming dates for appeals received by them last July.

 

So, I'm looking at another month - two months before my Hearing.

 

I have submitted my written statement via the CAB, who have in turn, sent it to the TS. Also sent in my GP's letter, and just waiting for one more letter now from a friend.

 

You can probably expect to wait at least six months.

 

However, the sooner you can see the CAB / gather supporting evidence the better, as you can then focus your energy into getting well.

 

About 70% of ESA Appeals are apparently successful at the Appeal stage, with representation.

 

Good Luck.

 

[feelingsad]

Yes sura, I'm sure you have plenty of time to see your new physio and get your new evidence, it will be a while, months probably before the tribunal.

[Sura]

Thank you everyone. I'm going to contact CAB / DIAL / Welfare Rights on Monday.

[Sura]

Hello!

 

Sorry for the late updates and all.

 

I have gotten someone from CAB involved, they've come round, spoke to me, looked over the case and the situation. She agreed the doctor's report looks suspisious.

 

However, she also says that if your partner is claiming carer's allowance, they can apply for income support and there's no need for anyone (at least with DLA/Carer's) to go through this...? I'm unsure how true or not that is. She suggested it to me because mine was not going to be a life-long problem, probably a year at most.

 

I don't know. I'm clueless.

 

If this expirience has taught me anything It's that the system is made to be played. It's like some sick game. If you don't know how to fill in a form 'correctly', it doesn't matter how honest you are, or how ill you are. They want specific sentances, terms, etc. It's... kind of scary, in honesty. And the types of help out there are split between those who will help you fail or those who will help you succeed, very few who will help you find what's best for you and your condition.

 

~