ESA tribunal in less than 2 weeks :( - ** WON ** :)

[worried33]

yes appealing wrag can have ESA removed altogether although i have never heard of it happening.

[ThatChick!]

I personally wouldn't argue about which group you should be put in as you could lose the whole thing (and I don't have any more fight in me). Just be grateful your appeal was successful!. I think you only have to attend 6 work focused related interviews and i've read somewhere online that sometimes they'l see that you're not well enough so they won't ask for you to attend anymore of them. Phil76 I just received 3 letters from Jobcentreplus today saying my payment will be going up and that they owe me over £2000! I think this may be wrong but we'll see. I'm guessing you should be getting letters next week or so about your payments! Good luck and I hope you're alot less stressed!

[phil76]

I personally wouldn't argue about which group you should be put in as you could lose the whole thing (and I don't have any more fight in me). Just be grateful your appeal was successful!. I think you only have to attend 6 work focused related interviews and i've read somewhere online that sometimes they'l see that you're not well enough so they won't ask for you to attend anymore of them. Phil76 I just received 3 letters from Jobcentreplus today saying my payment will be going up and that they owe me over £2000! I think this may be wrong but we'll see. I'm guessing you should be getting letters next week or so about your payments! Good luck and I hope you're alot less stressed!

 

Yeah don't think I could go through that all again and end up losing altogether

 

I actually received my backpay 2 weeks after I won my appeal, was nearly £1700,was surprised I received so quickly

[ThatChick!]

Oh good! that was extra fast for them!

[grahamdavid31]

I had my Tribunal and won with 19 points. Put into ESA Work Group.

I requested a statement of reason. This received and made interesting reading.

I found so many mistakes and statements stating that I should not work because I have problems with depression and pressure.

One section said that the atos medical was not to be relied on and that they trusted my GP's report more on my condition.

I have written back to the Tribunal Service asking to appeal to the Upper Tribunal.

Why, o why was I placed into the ESA work group, if the tribunals comments say that my condition will go down hill if placed into work.

I wait to hear back. My local MP is helping me.

All this is making me more ill with my depression. But, I will continue now that I have gone this far.

I am thinking of going to the papers to give my story. As the ATOS medical is rubbish.

[ThatChick!]

Atos are rubbish!...seen a case on tv about them few weeks back!..they weren't willing to speak about it (suprise suprise!).

[abc123def]

It doesn't matter whether your condition will worsen. It is down to whether your condition meets the descriptors of the support group and the Tribunal decided your condition didn't.

 

What error of law did they make? How did they misapply the law? You must believe they misapplied the law to appeal to an upper tier, not just disagree with their decision.

[ThatChick!]

Very true and well said Abc123def!

[grahamdavid31]

You could be right. I am making the point that the tribunal themselves did not agree with the

findings of the ATOS Medical I had. This I have in writing. Will see what comes back from the tribunal service.

I am just trying to make a point, that's not a bad thing. Anyway, between my appeal and tribunal, I did try

to commit suicide because of all the pressure. The tribunal knew this and DWP. The whole system is against us

people because of no fault of our own are ill. Still under med cert from GP. No contact from Job Center re any work interview.

Thanks for comments. My Local MP is behind me all the way since my appeal etc.

[abc123def]

I got placed in the WRAG by the Tribunal panel and for some reason never got called for a WFI so slipped through the net so you could be lucky. I'd give the appealing to upper tribunal a miss, it is very rare for a Tribunal panel to make an error of law and that is the only reason you can appeal. Better to move forward rather than back now. You will be ok, take life one day at a time.

[Nystagmite]

In general, I think they leave you alone for a bit before calling you in?

[abc123def]

Hopefully. For me I never got called in, the next thing I heard was another ESA50 about 6 months after the Tribunal after which I had a face to face 4 months later and then was placed in the support group. So no WFI's for me yet. Knowing a few people who have had WFI's though, none of them have been pressured to do anything and their advisors have been friendly and supportive.

[grahamdavid31]

Thanks for that. Nice words.

I do understand. But, sometimes you just have to make a stand.

 

My best wishes.

[worried33]

I am in WRAG also and as it stands I have not asked for reconsideration.

 

They can make you go on the work programme but it seems much more common to be just asked to do the interviews, and it may just be phone interviews as well if you cant attend.

 

Here is why I think one needs to be careful.

 

Ideally need to see the ATOS report first. As its entirely possible that the points rewarded are not where you expect (although I know in your case is tribunal).

 

eg. its possible I may have only got 12 pts from ATOS and then a DM overuled it, then meaning if I asked for reconsideration a new DM may make the ATOS decision stand. I have asked for the report but I dont expect it before 30 days after my decision. So I am not sure what to do myself but its quite possible I wont appeal.

 

In your case you need to look at the statement of reasons if you get them in time, and if its clear they got a descriptor wrong, or you feel you are in the rule that can give SG because you are a danger to yourself and others if made to do work related activity then you could appeal on the basis of error of law.