ESA tribunal next week

[BettieBoo]

Have my tribunal tomorrow afternoon, I am DREADING it!

To make my stress even worse I got a call from the tribubal office today saying that they cannot pay for my transport (was allowed to get a taxi) on the day so I have to pay £60 & faff around reclaiming it back which could take up to 3 weeks.

 

I've sent in my own statement and reassessed the atos medical and corrected each inaccurate statement, have sent in a support letter from my GP & her re-assessing of the descriptors. A tad worried as my GP letter was basic but she did state I have severe anxiety/depression & that I am currently seeing a psychiatrist.

 

Feel so worried about what to expect tomorrow & just have an overwhelming feeling i'm going to be judged before I even get there.

I was told to dress smartly etc but I am just going to go dressed casually as myself because the feeling of getting all dressed up will make me even more anxious!

 

I really hope they can try to spare me the 3 points I need to be entitled to ESA but I'm not counting my chickens as I've read about other peoples really bad experiences.

I've had a chat with someone from welfare rights and they gave me advice on answering questions etc & my partner is also going to support me. I couldn't manage to find a rep as no one was available to help me due to not having social care.

 

If anyone that's been to a tribunal has any advice,pointers etc I'd be grateful.

 

Will definately not be sleeping well tonight:-(

[honeybee13]

Hello Betty Boo and fingers croseed for tomorrow. My sticky on the home page of the forum tells you about my own and Bookworm's tribunals.

 

HBx

[NinaUp]

BettieBoo

How was your day, any luck? Tell us everything pls

I’m so so sorry I didn’t find this forum before Mon.

[BettieBoo]

Just a quick post to say the tribunal went in my favour:whoo:

They had actually rang me whilst i was making my way there to tell me I needn't go as they'd already made their decision. Cost £50 in taxi fares too which I now have to claim back!

I was terrified when I got in there but had such a feeling of relief when they told me it had gone well.

I was put in the work related group, but that's better than nothing for now. I feel like a huge weights been lifted off my shoulders.

I now have to wait for backdated money too which is something to look forward to.

I was awarded an extra 6 points on top of the 12 i already had. Quite lucky really, i was expecting to get nothing & leave a wreck.

Thanks for everyones help and advice on here. And for anyone appealing all i can say is make sure you get all your evidence together because that was what my decision was based on.

[honeybee13]

Great news Betty, well done!

 

I hope you'll stay around on the forum and give others the benefit of your experience.

 

Have a lovely evening and sleep well later.

 

HB x

[BettieBoo]

Thanks

 

feel like a huge weights been lifted off my shoulders. I was prepared for the worst ( I know that sounds pessimistic) but I guess everyone thats been through this knows what I mean.

 

Just wondered, does anyone know how long it takes to get the backdated money owed?

hope it's not going to be another long waiting game!

 

will definately stay on here & give advice to others who need

[NinaUp]

WELL DONE!!!

 

That’s definitely Merry Xmas!

[BettieBoo]

Just wanted to say a big thanks to everyone on here who has contributed info& advice to anyone going through the gruelling process of DWP appeals & tribunals.

I won mine today ( much to my shock) and a big part of that is thanks to the helpful people on here & the info and advice provided.

I was awarded an extra 6 points on top of my 12 didn't even have to actually go to the tribunal hearing. I got there & was told they'd tried to call me to let me know they'd already decided the outcome of the appeal (at which point my stomach dropped) and that it was awarded in my favour.

 

The best advice I could give to anyone who has to go through this is to get as much evidence as possible, from GP's etc. They awarded mine mainly because of all the evidence I had sent in after my appeal was rejected.

I am now being placed in the work related group (not really what I wanted but won't moan) and feel so much more at ease now. Has been a gruelling year of worry and total dread.

 

I now have to wait for the DWP to work out how much backdated money I am owed. Does anyone know how long it takes to get the money backdated?

 

but anyway, this forum has been such a great help

[doktorjohn]

Well done, I knew you would win.

 

The same thing happened to me, I did not have to appear. They are probably worried about the statistics of too many people winning at the tribunal.

 

It took less than 3 weeks to get my back pay.

 

- dj

[rightsforme]

well done

 

Same happened to me and I did not have to go. It took a few weeks for payment off the arrears.

[BettieBoo]

Hi guys;

Didn't think I'd need to post a new thread just yet but wow this was a quick one!

Some of you might remember me from a few previous threads. Basically I won my tribunal in December (work focused group) and was awarded 18 points.

I hadn't heard anything from the DWP until yesterday when I got sent a new ESA50 form. I called them up to find out why they'd sent it and they said that as 6 months had passed I now have to fill this in & most likely go for another Atos medical.

Has anyone else had to do this? I'm guessing I'm going to have to get more letters from my doctors/psychiatrists and expect another appeal!

I feel so let down by getting this letter, the last year was hell & having to appeal and go to tribunal was such a horrible time & I now have to think about this happening again, and after only 6 months is shocking.

Would be grateful if anyone had a little advice

Thanks!

[honeybee13]

Hello again, bettyboo. how difficult for you when you thought you had peace and quiet for a while.

 

Did you have help with your appeal last time? If so, depending on the answers you get here, you may need to call on them again.

 

There may be an explanation for this, to do with timing of appeals, etc, but it's beyond my experience. I suspect someone like leemack or Erika would understand. I have a vague recollection, but don't quote me, that the timing of your next assessment is set at either your assessment.

 

Hopefully, someone will be along to explain soon.

 

My best, HB

[BettieBoo]

Hi there;

Yes it sure has ruined my peace and quiet. I knew it seemed too good to be true though & anticipated something like this happening. I didn't think it would come along so soon though!

I didn't have any help with my previous appeal, I just used info/advice on here & online. I never actually had to go to tribunal in the end, when I got to the court I was told it had already been decided and awarded in my favour.

I filled in my first esa50 over a year ago. I don't think I really explained in detail the issues with my illness & how it affects my day to day life and shortly after that I had my atos medical.

I'm dreading having to go to another one of those! Although I suppose i'll know what to expect this time round though!

Just annoyed more than anything, i'm dreading having to re-appeal & having to be on assessment rate pay again.

such a pain!

[leemack]

Unfortunately, when you win your appeal, your next atos assessment is timed from your last assessment, and not from the date of tribunal. Many people are having yearly assessments, particularly for mental health issues - so with appeals taking 6-9 months, most are then getting the ESA50 through the door pretty soon after the appeal. There really isn't anything you can do to stop the regular assessments except to be prepared at the assessment and give yourself the best chance of passing.

 

Before you go, know the descriptors you think you score points on, think of examples from your daily life to show you fulfill the descriptors, and with every question, use it as an opportunity to get this information across. There is also a sticky on the medical and how to approach it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

[BettieBoo]

Hi guys;

Well the dreaded phone call came today from the job centre saying I had failed my medical with 0 points I got 12 last time I had a medical so this was a shock.

Not particularly suprised though as I had a gut feeling about how the medical went & due to it being less than 10 mins long & me being turfed out!

 

Anyway, I know I have to go through the whole appeal/tribunal stage again which I'm dreading but just wanted to ask a question about the gl24 form. Is it best to send it in straight away to avoid my payments being messed up? And can I just outline why I disagree with the decision and sent my main info in later.

I haven't received the letter through yet saying I failed and i've not obtained a copy of my medical report. The main thing I want to do is get the form in because last time they took months to pay me & it was a real struggle.

 

Any advice and help would be much appreciated.

Thanks

[BettieBoo]

also do I send a copy of a doctors note in now? or can i get my partner to hand it in to the job centre? not sure when I have to start with these again. Such a nightmare as it wasn't that long back that I passed my tribunal and now i'm back to square 1 again!

[Rover87]

If you're looking at getting your payments reinstated asap then just get the gl24 and medical certificate sent in. Providing you have given a reason for appealing then they should reinstate your claim. However if you do this without sendng in any significant evidence then you run the risk of the deision maker doing a reconsideration without it, and without any evidence they will more than likely just stick to the same decision. Which means your appeal will be forwarded to the tribunal service...which as i'm sure you're aware will take months to be sorted.

 

You are best using this time you have (whilst you wait for the letters) to get in touch with your doctor to get any further info you can, then send it as soon as you can after the gl24 and sicknote.

[doktorjohn]

http://www.dwp.gov.uk/docs/gl24dwp.pdf

 

Gl24

 

- dj

[Rover87]

Just remember when sending in any forms from the internet to make sure it goes to the right benefit centre! If you're not 100% sure of the address then ring and ask, otherwise your claim will be held up by another couple of weeks!

[BettieBoo]

Hi guys,

I have a tribunal coming up at the start of October. This will be number 2 for me, I didn't have to attend the first one as I was awarded ESA on the day & told I didn't have to go for the tribunal. This time I know will be different as I was awarded 0 points & I am really worried that I will fail. I have already convinced myself that I will be as before I was awarded 12 points with my Atos medical so only needed the 3 to claim ESA.

Should I fail can I reclaim ESA? I know I am not fit enough to work at the moment & struggle greatly with my anxiety & depression but I hate the thought of having to reclaim again, I did also read that some people failed their tribunal but were then refused JSA! My atos medical was last semptember so it has actually been a year in wait now for the tribunal.

Any advice would be greatly appreciated

[gordies]

if you fail then you can start ESA claim again as long as it is a minimum of 6 months since your last decision was made.

 

good luck for October

[BettieBoo]

Well I have one more week until my tribunal date and I am truly terrified. I was just wondering what to expect?

I was awarded work related group before my last tribunal hearing so didn't need to attend, so this will technically be my first one.

I'm worrying about every possible thing.

I feel like they'll judge me for being on ESA for 2 years, it being my second tribunal etc.

I have sent in a detailed letter arguing all the points of my atos that were incorrect and also given a letter my gp wrote.

I do see a psychiatrist but they said they couldn't give me a letter.

I feel so scared about being judged and having to talk about my problems and not being believed.

I'm even worrying about what to wear, when.I attended my atos they said I was extremely smart dressed when in reality I was wearing jeans and a jacket.

I'm trying to remain positive but I have to get 15 points from 0. Last time I.only needed 3 points so I'm convinced I'll fail

[RaeUK]

Don't worry, relax. The tribunal panel aren't there to judge you, they're there to judge the DWP decision. It doesn't matter that this is your second tribunal, it's the first time this particular decision has been looked at. I've had two ESA tribunals and, to be fair, the second panel were even nicer than the first. As for the points you need to score, there is no difference between needing 3 or 15 in my view. Any number of points from 14 downwards are equal to 0 for ESA. The panel will walk you through the 'medical' report and will be looking for ways that they can allocate you points. They will take into consideration all the supporting evidence you have supplied and chat with you about how your condition affects you.

Best wishes for it.

[BettieBoo]

Thanks I'm trying really hard to stop worrying, I just hope they are more compassionate than the atos examiners.

I've been waiting over a year for this so it has been a long and anxious wait, certainly doesn't help when you suffer with.anxiety and depression as it is.

I think the terrible atos experiences just instantly make you think you have no chances winning your tribunal.

I

[honeybee13]

Hello there.

 

Have you read the forum sticky about appeals and tribunals? It tells you about my own tribunal and Bookworm's.

 

And have you done a document to submit to the tribunal about why your Atos assessment was wrong?

 

My best, HB