ESA Tribunal - I won!

[highly_delighted]

After a medical in December the DWP deemed me fit to work in a wheelchair and said they were stopping my ESA payments, so I said I would appeal. My GP said sitting in a wheelchair was the last thing he would recommend, I should keep as mobile as possible. The paperwork they supplied was full of statements they had completely made up and were untrue. It made my blood boil, so I put a lot of work into my appeal.

 

Due to so many funding cuts etc. I was only able to go to Citizens Advice who told me what to do. But I couldn't get anyone (union etc) to represent me, so had to do it myself.

 

The tribunal was this week and I was so nervous, but I had submitted all my papers within the 7 days previously, with medical evidence, MRI scans, appointment letters etc. The staff were very friendly and helpful and when I got into the tribunal it was OK, although a bit daunting being grilled with lots of questions (I think they tried to catch you out - like, when the post is delivered, how do you pick it up from the doormat? I don't, I said, it sticks out of the letterbox!). Anyway they allowed you to say whatever you wanted and after having zero points from the medical, I was awarded 18 points by the tribunal.

 

So I just wanted people to know that it's worth the fight - it can be done - get as much medical evidence as you can and good luck!

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the DWP forum, where hopefully you will inspire other people in the same position.

 

My best, HB

[Dilizjo]

Great news:)

[Midisurf]

That's really good you stood up for yourself and changed it around.

[Raj111]

After a medical in December the DWP deemed me fit to work in a wheelchair and said they were stopping my ESA payments, so I said I would appeal. My GP said sitting in a wheelchair was the last thing he would recommend, I should keep as mobile as possible. The paperwork they supplied was full of statements they had completely made up and were untrue. It made my blood boil, so I put a lot of work into my appeal.

 

Due to so many funding cuts etc. I was only able to go to Citizens Advice who told me what to do. But I couldn't get anyone (union etc) to represent me, so had to do it myself.

 

The tribunal was this week and I was so nervous, but I had submitted all my papers within the 7 days previously, with medical evidence, MRI scans, appointment letters etc. The staff were very friendly and helpful and when I got into the tribunal it was OK, although a bit daunting being grilled with lots of questions (I think they tried to catch you out - like, when the post is delivered, how do you pick it up from the doormat? I don't, I said, it sticks out of the letterbox!). Anyway they allowed you to say whatever you wanted and after having zero points from the medical, I was awarded 18 points by the tribunal.

 

So I just wanted people to know that it's worth the fight - it can be done - get as much medical evidence as you can and good luck!

 

Many congratulations!! Criminals are treated with more respect than those who really are disable like you.

[Nystagmite]

It's nice to hear some good news.

[highly_delighted]

That's exactly what I think - criminals are treated with more respect. I said in my "speech" - why is it that it's automatically assumed that you are cheating the system. I've worked for 39 years - the longest I've ever had off was 2 weeks so naturally I feel I should be able to rely on the state to help me, after all I've paid my contributions. Why, when an individual's life has fallen apart and is in terrible pain this extra layer of rubbish is heaped on to them to cope with? Why is it that apart from friends & family nobody gives two hoots about you when you have been a fully paid up member of the system and contributed to society. The DWP should be ashamed, no sorry, it's the government isn't it. Absolutely appalling.

[KraigO]

I am HUGELY pleased for you. I have my ESA tribunal this Friday (the 13th, I know) in Brighton. It has made me so ill. I don`t sleep because I can`t get it out of my head. ATOS scored me zero points (no surprise there). I have to wear Fentanyl patches which are many times stronger than morphine but don`t even touch the pain in my spine. I fractured my L1 vertebra in a suicide attempt about ten years ago. If it weren`t for my 7 yr old daughter I`d jump again but this time I know who`s offices I`d jump from ( they dont give A toss). Give them something to clean up at least. I only receivd my bundle from them 8 days ago so I am still sending in evidence at this late stage. Too bad, I say. I am so pleased for you. I know how people are being treated - I have bookmarks all over the place pointing to organisations that campaign/help. Good luck to all those who are facing a similar future - God bless you all and never let them win ! You`re right RAJ111 by the way. Who ever thought that this country would end up like this ? So very very SAD. I don`t know how they sleep at night.

[highly_delighted]

Dear Kraig - I know exactly where you're coming from - you have my full sympathies. And not sleeping doesn't help at all does it (in fact makes things worse). The advice I would give you is be honest with them - but have a think about your daily routine before Friday. They will ask you about it - can you wash your hair, describe your day, how do you pick up the letters from the doormat etc. etc. If like me, you need to keep mobile tell them that. I cut & pasted something from the NHS site about my condition & put it in my papers. And make a list of what you can't do and how it affects your daily life. But what I did do (and I'm not suggesting you do this mind!!) is when I read my little "speech" at the end I completely broke down (why is it after working 39 years and the longest I've ever been off work is 2 weeks why can't I rely on the state which I've contributed to/why is it automatically assumed that you are cheating the system/why is it than when your life is falling apart and you are in constant pain does nobody give a toss). I had typed it out and they said if I wanted they would copy it and read it but I said no, I was determined to have my say - even through tears! I just felt so bloody angry about the whole thing and I tell you what - it didn't half make me feel better. But then again they've heard it all before. Try and take someone with you if you can, even just for moral support. It's not like a normal court or anything, they will let you speak when you want. I'll be thinking of you on Friday - let me know how you got on. Fingers crossed!

[KraigO]

Thanks very much for your support Highly_Delighted !

So pleased for you. I truly am. I am taking my mother with me just for moral support but have a feeling tribunal might be postponed as sending last of my medical evidence today (yeah, Wednesday I know!). I have only just received some of my medical info back from hospital and also my "bundle" from ATOS/DWP only arrived 8 days ago despite being promised at least 2 weeks to read thru it. CAB are helping as well. Not much more I can do now, except pray ! Thanks for your comments - it`s just good to hear someone winning is a result. Best of luck in the future:-D keep up the fight.

[highly_delighted]

Hi - thanks for message. The hospital was late in sending stuff to me so I actually took an MRI scan results sheet with me and apologised to the clerk of court (who meets you first before you go in). I explained that it had just arrived (I had taken copies of it) and asked if that could be passed to the people concerned and all of that was OK. So even if you have something you haven't yet submitted (I would guess as long as there's not too much that they have to read) it will be OK. Hope this helps. It's good that you've had help from CAB - I did too, because of what they said I changed my paperwork to purely facts (I had been too non-factual - so that's what they advised me to read out to the court). Good luck!

[KraigO]

Thanks for that. It reassures me a lot. Will let you know the outcome! Take care.

[honeybee13]

Hello there.

 

Have you seen the forum sticky about appeals and tribunals? You might find something to help you.

 

My best HB

[highly_delighted]

Hi Kraig - I've been thinking a lot about you, wondering how you got on? Did you manage to catch Panorama on Monday (BBC1) and Dispatches (Channel 4) also on Monday - very, very interesting about how the assessors are trained by Atos etc. It sounds to me now that the government have to listen to what's going on and flaming well do something about this dreadful process that they're putting people through. For heaven's sake - even people with cancer - if they're not having chemotherapy are deemed fit for work. What a society we live in. Anyway if you have a minute I'd appreciate hearing how you got on?

[KraigO]

Sorry all, especially `highly_delighted` for not replying sooner. My ex-partner is also sick so haven`t been online for while. Anyway, got my 19 points at tribunal ! One of the tribunal members was a doctor (who I vaguely recognised and works in my local hospital). He asked me loads of questions about how I get around when I`m attending appointments at the local hospital. I told him the truth - I hobble from one chair to the next and take my time. I described where the chairs were exactly. He asked me precise questions to check I was telling the truth. He then revealed "I work at that hospital most of the time", as I thought, so he knew I was being truthful. The two members of the tribunal panel were very polite and fair actually. Nice, genuine couple of guys. The other panel member was a solicitor. They let me express my pain and could see I wasn`t lying. I`m still really fed up with the "powers that be" and know this process will go on. Many people sadly would never make it through the appeals process through sheer stress even though they are unfit to work. My heart goes out to them. I know it made me ill and VERY irritable but worth it in the end.

Coincidentally, a few days ago my ex-partner received a letter from the "National Office of Statistics/DWP/Natgen". The letter said her home had been "chosen" out of 24 households in our postcode area to take part in a "Family Resources Survey". The letter said they had written to her before/tried phoning many times without success. This was untrue. My partner doesn`t go out and has an answering machine. Apparently, the survey is "voluntary" but just seems suspicious timing after just winning my appeal. She`s too ill to take part in surveys so will turn them down.

Anyway, thrilled for everyone who has won their tribunals. Incidentally, I`d love to work if I could - life on benefits is sheer hell.

I missed the TV shows but will download them and watch. Best wishes to everyone out there and look after yourselves. Keep smiling !

[highly_delighted]

Oh Kraig - many congratulations - justice has been done. I am so pleased for you. I have been wondering how you got on and worried that it hadn't gone well for you. Do try to watch the TV programmes - nothing will be new to you but I just feel something might be done about the system now and you may take a little comfort from it. My joy has been short-lived, today I received a letter from ATOS saying can you fill in this huge form (same as I've done before) - they just won't leave you alone will they, I couldn't believe I've received that. The waiting list for my nerve root injection is four and a half months - so why do I have to go through more agony with ATOS? Anyway, so pleased you got 19 points - well done! Take care