Just lost appeal!

[EddieCase]

I finally had my appeal hearing for ESA yesterday, after waiting 18 months (my original claim date was December 2010). I was surprised to discover that they didn't take into account ANY of the medical evidence I provided as my MRI scans were from after my original ATOS assessment, so I was basically without evidence at my appeal hearing.

 

It was obvious from the minute I walked in (in a lot of pain due to trapped nerves) that they had already decided the outcome, to the point that the Doctor's phone was ringing throughout the hearing, he spent more time looking at his watch than paying attention and at the end when it was my turn to speak, they shut the hearing down as they were "running late and the next person is waiting"...

 

I am appalled at this, after waiting so long for my hearing, to be treated like something they scraped off their shoes, and then to have my appeal refused!

 

I have 8 damaged disks in my back and neck, plus a benign tumour on T2 which is very painful. I can't walk far, stand for long, can only sit reasonably comfortably on a sofa or similar, driving is painful, I can no longer spend much time at my computer which was something I used to do all the time for entertainment (I loved my games). I can use a laptop for short periods of time. I don't go out as I can't guarantee somewhere suitable to sit, I can't walk my dog, and if I do any housework, I pay for it for the rest of the week. My hands are frequently numb etc... and they still upheld the 0 points I scored at ATOS!

 

Back in Feb 2011 when I originally had the ATOS assessment, I was happy to work as much as possible, I'd not that long been made redundant and would much rather be working than bored, sitting on my backside at home, but the Jobcentre told me I wasn't capable of working with my condition and advised me to claim ESA, which I did. Since then my condition has got far worse.

 

Does anyone know if I can make a new claim right away for ESA as there is no way I can work at all now? I am disappointed that I have lost the back pay I would have been owed, as I feel the appeal hearing was unfair and wrong and their decision was based solely on the ATOS report, which was full of inaccuracies and incorrect assumptions. However, I am more concerned about losing my current money as I also have a diabetic son and I can't risk not having food in the house.

 

Apologies if this is a bit all over the place, my medication makes me a bit squiffy! lol.

 

thanks

[gordies]

I think you may have them over a barrel here then.

 

They are supposed to conduct these things properly and give everyone a fair hearing.

 

I would contact a local Law Centre and see if they can help you challenge the decision with the Upper Tribunal.

[EddieCase]

I was thinking that as well, I had a friend with me who was also appalled at the way they rushed us out of there, she said it felt more like a criminal court hearing or disciplinary hearing than an appeal! Should I reapply for ESA though, as I really can't afford to lose any income, we're struggling as it is thanks to housing benefit cuts etc...

[down'n'out]

Hello,

 

The appeal hearing is based on the information(circumstances) you had at the time of your WCA. Any information after that (such as the MRI scans) would be seen as irrelevant for the appeal.

 

From the sound of things, you may of become a lot worse since the original WCA, so you should re-apply for ESA based on new circumstance. You will then be able to present all the new info concerning your illness.

[EddieCase]

Hi, and thanks.

 

That is the case unfortunately but even at the time of the appeal I had 2 MRI scans, both done in 2010 before my ATOS assessment in Feb 2011. My most recent scan does show my condition has deteriorated, but even back in Feb I had the damaged discs and tumour and was unable to do anything for long without causing pain. They had clearly already decided the outcome before I even entered the room and the atmosphere in the room was quite hostile!

 

At least I will be able to make a new claim, but I would still like to register an official complaint about my appeal as it wasn't heard fairly.

 

One last question... should I wait for the expected letter saying my money has been stopped or should I apply right away?

 

Thanks

[down'n'out]

Hello,

 

If you believe that the information/circumstances (that was available at the time of the original WCA) was not taken into account correctly by the appeal, then you can of course still appeal against that decision. But you should really get legal advice concerning that.

 

I would re-apply for ESA as soon as possible based on new circumstance.

[EddieCase]

Thanks for the advice! I will look into the appeal decision and get on to re-applying for ESA first thing Monday. I guess it will keep me out of trouble for a bit... I just hate the way we're made to feel like criminals or lazy "bums" just because we are unable to work... I'd much rather be out working than bored out of my mind doing nothing at home!

 

Good luck to everyone else going through this process... I wish I'd found this forum last year before my original ATOS assessment, lots of useful posts and tips... thanks!!

[**Margaret**]

Lost appeal:

 

First things first;

 

'Tis more than six months since the decision on your claim so you should reapply, if the claim is supported by a Med3 ('fit' note). Gets you some income. Jobcentreplus can be months behind with the paperwork.

 

You'll need a Law Centre or Welfare Rights for advice as to whether you got a fair hearing.

 

Best wishes, Margaret.

Edited July 21, 2012 by **Margaret**

[down'n'out]

Hello,

 

The only problem you may encounter making a new claim is if the old claim is still active (but you would still be receiving benefit during that period). Others on the forum should be able to give you info on that.

[EddieCase]

Hopefully when I speak to them they can let me know what I need to do (not that I entirely trust them)... this sort of thing always seems to happen at the end of the month when I really need the money to pay the bills and make up the difference between my housing benefit and my actual rent!! I see DD's bouncing in my near future lol (sense of humour still intact).

 

One thing I have noticed about the whole ESA/ATOS/Appeal thing is, if you don't appear to be depressed, you're far less likely to win! I refuse to let the fact that I can't do stuff get me down. It is very frustrating at times, but I can't change it so I've accepted it. My son is fantastic and really doesn't deserve to be around someone who, not only can't do anything but is also depressed! I really don't understand how my mental condition makes any difference to the fact that my back is.. umm.. buggered (had a different word in mind but won't say it here lol)!

 

Anyway.. I'll call the lovely people on Monday and see where I stand re a new claim etc... and will seek legal advice on how to go about complaining / appealing against my appeal decision!

 

On the plus side, at least all this will relieve some of my boredom!

[RaeUK]

Sorry you had such a bad tribunal, certainly look at making a complaint to the tribunal service about it.

You're now in that administrative nomansland that can confuse people on both sides of the fence. (I know, I've gone through it twice so far). You will continue to recieve ESA at the assessment rate up until the tribunal officially notifies the DWP that you failed. This might be comparatively quick - a couple of weeks, or incredibly slow - three or four months. I've had both. What I did was simply telephone my DWP BDC every other Monday (Before payments were made on the Thursday) to check the state of play. If they hadn't been officially notified then another payment was generated under the 'old' claim. When they finally had confirmation from the tribunal service I had failed my appeal, I then requested a new ESA claim. This was, in my case anyway, then fast tracked so there was no break in payments. Obviously, (un)fit notes need to be sent throughout these times...

[EddieCase]

RaeUK - many thanks for that! I will try the same thing in that case. I still can't believe I waited so long for my tribunal to be treated that way!

 

Good luck with your situation and to anyone having their tribunal hearing in Bedford, don't let them hurry you out of the room! (I won't name names - don't want to get sued for libel! (not that I have anything to take!)...!

 

Thanks to all for the advice and pointers and good luck to all!