Dwp medical - ** WON **

[grahamdavid31]

Hello All,

Just had results of ATOS Medical and nil points scored.What a surprise. I have send off form GL24 etc. I know it could be upto six months before my case is heard at appeal. I do not really want to go onto JSA,as really had alot of trouble and very bad treatment last time. My depression could not stand another round of that. Will the DWP try to push me until anything else, while Iam waiting. I have disconnected the home phone during the day, as could not face talking to them. Will only contact them by letter. (My doctor is aware.) I am, really ready to just live off my savings while waiting for the appeal. As,I do not really want to trouble my great doctor for more help.

 

What do you good people think. My very good wishes.

[gordies]

If your GP keeps giving you 'sick notes' then you will stay on ESA at assessment rate.

 

Best of luck with your appeal.

[DanscoCAB]

The Decision maker will look at your GL24 for an appeal then if you disagree, which you probably will as they are not likely to give you 15 points, you could wait upto 6 months for the tribunal. Like as above, keep sending sick notes in

[sparky514]

you will get ESA at the assessment rate whilst you are appealing

[honeybee13]

Hello there and welcome to the ever expanding club of people scoring nul points.

 

While you're waiting for the DWP to decide, you will be able to amass evidence you might need for a tribunal. Have they sent you a copy of what Atos said about you? That's your best starting point and then in time you can have a look at the forum sticky about appeals and tribunals.

 

My best, HB

[grahamdavid31]

Hello HB,

I have a report from ATOS on my medicial. It was full of errors and mis-quotes. The Health Care Professional seemed to lie. Oh well, I will wait for what happens with the appeal. Thanks for your answer. I hope you are coping. Very many thanks.

[Johnwilliams]

They lied on my ESA85 too,but i appealed and won.Still not had my backdated money after two months though.

[grahamdavid31]

They lied on my ESA85 too,but i appealed and won.Still not had my backdated money after two months though.

 

Dear Johnwilliams,

I would chase them up for your backdated money. You may get better results by writing to your

local MP for help. Good Luck

[grahamdavid31]

Re.DWP Medical and Appeals Update From Grahamdavid31.

Hello all, Well my appeal went into the DWP in april of this year. But,because of all the pressure of the long wait for a tribunal. I suffer from depression etc. I do not want to shock anyone,but I took a pill over dose recently as things gone too much. I am ok as my dad caught me and I am having treatment now. More antidepressants. I wrote to the DWP and gave them the facts. All they have done is served me with tribunal papers already. I did write two letters to them,giving them the chance to check with hospital etc on facts. I think they just took no notice at all and did not take this into consideration.I gave them alot of information. They do not care. I am posting off my tribunal papers with extra information attached shortly and information on my overdose attempt. Will wait for tribunal date, should hear within about six weeks. The DWP just do not care how they treat people, and I think that the dole will be my port of call before long. The DWP are making things as hard as possible for sick and ill people and do not care. Sorry to shock you. I am ok. My best wishes to you all

[Nystagmite]

What happened after the assessment is irrelevant. All they're interested in is what you were like at the time you were assessed.

[RaeUK]

I'm glad your Dad was there to help you and wish you all the best for the future. It's not easy and it can look like it's just one big machine working against you. Whilst I completely agree with Nystagmite that it's how you were at your assessment which is what things will be judged upon, it's probably of some importance that the Tribunal Service have an understanding of things as they are now. I say that simply because, obviously, it could have an affect on your ability to attend the Tribunal. I hope you get the assistance you need all round. Again, best wishes...

[abc123def]

Yes, I'm afraid the overdose will not be taken in to account as it happened after the dates they are looking at. Also, I actually know someone who works for the Tribunal service and he says it is not uncommon for people to take an overdose with the intention of adding grounds to an appeal (rather than seriously wanting to end a life), not at all saying you are, but the Tribunals see it happen and together with it happening after the date they are looking at don't take them in to account.

 

I'm pleased you are seeking and getting help and wishing you all the best.

[grahamdavid31]

Thanks All,

Your comments were most welcome. Thank God for a web site like this that can help.

I never knew so many people cared.

 

Will just wait for tribunal Date and see. I think I am losing a never ending battle with the DWP now.They seem to make up their own rules as it suits them.

 

May best wishes to you all.

[tarisah]

Im in a similar position....im soo glad your dad was there to help...i suffer with severe depression...lupus and fybromyalgia...im still fighting dla but won my fight with esa earlier this year...i also have a court hearing and a medical for a blue badge next month...so i understand the feeling of hopelessness and panic that these things cause...this website has been a godsend...i probably would have done the same as you if it wasnt for the sound advice and just knowing that there are some people that care and are willing to help is a relief....if only they worked at thedwp...dont let them win...they want people to give up....it may take time...(a year to win my esa battle)

[grahamdavid31]

Hello all,

Had tribunal date of 11/9/2012. Its local, so not much travel time.

I sent as much evidence as I can to tribunal. Would it be helpful to send in doctors medical certs while waiting for appeal.

Live with dad since my divorce. He is sort of my carer and ex-male nurse. Do you think I should get him to do some sort of

letter to tribunal. Just want the whole process over with now. Its a whole worry.

Best wishes to all.

[abc123def]

It would be better if you Dad could go with you really. He can say what needs to be said there and back up what you say and offer you emotional support through the process.

[grahamdavid31]

Hello All,

My tribunal is next tuesday. 11 Sept. I cannot tell you how Iam feelings. My doctor has put me on more antidepressants to help. If, I fail my tribunal, then I have hear that there is a upper tribunal you can go to.

I do not really want to end up on JSA because of my mental health. I have heard that you can wait six months and then claim for ESA. Does anyone know. I really fear going back onto JSA and would live off savings for six months then claim ESA again. My great doctor is very willing to provide me with medical certificates, what ever happens to me. Can anyone help. I have also heard that someone from the DWP maybe present at my tribunal.

Best wishes to you all and thank you.

[honeybee13]

Hello again.

 

So you have until Tuesday to prepare. Have you read the forum sticky about appeals and tribunals at all please? I would say you need a document to take with you and hand in on the day if you haven't already. The sticky has a template that you can write/type up to take with you. It worked for me.

 

My tribunal had a DWP person present, but they didn't say anything, they seemed to be taking notes.

 

I wouldn't count on the upper tribunal if I were you. They only hear cases on points of law and I'm not sure you can rely on rely on that turning around what you want.

 

If I were in your place, although I can't tell you what to do, I would spend my time preparing for Tuesday and having something to explain your problems like the one I used.

 

Only my opinion of course, but I've been through depression too.

 

My best, HB

[RaeUK]

Presuming you didn't pass your upcoming tribunal, and that's a big presumption, then you can do the following:

a) Reapply for ESA 6 months after your claim was stopped due to the failed WCA. Let us assume, for example, that was the 14th of April 2012 (the date of the OP) then you can claim again from the 14th of October 2012.

b) Immediately reapply if your condition has got worse. Which might be the case from your later posts.

Either way, best wishes ...

[gordies]

If you are caring for your father, as per your profile, then you may be able to claim carers allowance should things not go well next week?

 

best wishes,

 

Gordie

[lucy24]

sending you best wishes, i know it is stressful, ive been through this myself xx

[lucy24]

one more thing, if you do not win it you may be able to apply for a fresh claim. AS i understand it, if yoru condition has changed/worsened since your medical it is treated as a fresh claim. you might want to check with your local CAB as i could be wrong but its worth looking into if the need be.

[grahamdavid31]

Thanks to you all, for comments on my tribunal tomorrow.

I take great comfort, in the geat number of people out there and your comments.

Thanks so much.

I will let you know how I get on. All my paprwork is ready to take, looking at the copy I have of the ATOS Medical I had.

I can find error,after error,after error. Why can't the goverment find a better and fairer system to treat us.

Or, are they just intent to get us off all benefits to save money.

Best wishes to you all.

[honeybee13]

...and fingers crossed for you tomorrow. Please let us know how you get on.

 

My best, HB

[grahamdavid31]

Had tribunal today and awarded enough points to stay on ESA