Jump to content

 

BankFodder BankFodder


BettieBoo

ESA tribunal next week

style="text-align:center;"> Please note that this topic has not had any new posts for the last 688 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Guys,

A few of you will remember from a few months back when I posted a thread on advice about appealing against my ESA decision.

 

A few months have passed & I got the dreaded tribunal letter today:sad:

They said they have not revised my decision & I am fit for work.

 

The stress of this whole thing is so bloody unexplainable. I'm still trying to get my head around how they think someone that suffers from severe depression, anxiety, doesn't go out the house much etc can actually be deemed well enough to work!

 

I've been struggling with my illness over the last few months, mainly with the worry of all this & it causes me such stress!

 

I dreaded this letter coming through but knew it was going to. I was wondering what advice people who have been to tribunals could offer me. I sent off a doctors letter as well as my appeal originally and was turned down so now I need to build a stronger case. I'm not giving in because that's exactly what the DWP want me to do. Sign on to jobseekers & in a way admit defeat & that I'm not really ill as I'm actively seeking work.

It's such a difficult situation for me as I have no other income and rely on this benefit, and now I have to get doctors notes up until the tribunal:-|

 

Any advice that could be given would be greatly appreciated as I have no experience with this sort of thing & feel at my wits ends!!!

Share this post


Link to post
Share on other sites

Hi, I've read your post with interest, I too, am in a similar position as yourself, and will be watching this tread with interest and start one of my own shortly.

I've not had my appeal heard or recieved a tribunal letter yet, but its early days, I have however lodged my appeal and a letter of complaint regarding the Medical Assessment, 'Farce'.

As part of my Appeal/complaint I requested a letter from my doctor, only to be told its going to cost £25, did you have the same problem?

Well done for not rolling over and letting them win.

Alan

Share this post


Link to post
Share on other sites

Hi guys. I too have been there - and won at the tribunal. With Erika's help, I put a sticky at the top of the Benefits forum with a suggested template for a tribunal and it may help you.

 

If you post again, I will do my best to help you and I'm sure others will.

 

HB x


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Hi, I've read your post with interest, I too, am in a similar position as yourself, and will be watching this tread with interest and start one of my own shortly.

I've not had my appeal heard or recieved a tribunal letter yet, but its early days, I have however lodged my appeal and a letter of complaint regarding the Medical Assessment, 'Farce'.

As part of my Appeal/complaint I requested a letter from my doctor, only to be told its going to cost £25, did you have the same problem?

Well done for not rolling over and letting them win.

Alan

My doctor didn't charge but I was't really impressed with what she wrote, it was pretty basic. I just sent the appeal off because it was coming up to the end of the month you have to write it & the bloody job centre actually lost it at some point too. Can you believe that!

Just got to sort out a plan of action for this tribunal & gather some good evidence. There;s not a lot I can give so far though as I've only been seeing my councillor for 2 weeks, have sent a docs note already & that's it. I think they want blood!!

Share this post


Link to post
Share on other sites

yeah I can believe it, and the left hand don't know what the right hands doing, I appealed the decision, ESA reinstated my benefit while the appeals ongoing, but my housing benefit got stopped and I've now got to chase that up.

I too have anxiety and depression, and a broken arm following a major RTA. which I've had another operation on a few days ago.

But I am fit for work, NOT,

The system is a Joke, but I'm not laughing.

Alan

Share this post


Link to post
Share on other sites

Im in the same boat as you lot. I have appealed against the decision,(February) by way of a recorded delivery letter, no response (how unusual) I then paid £25.00 for a two lined letter from my Doctor and sent to DWP.(March) still no response.

I have written numerous recorded letters to DWP and DLA, these have been signed for but still no response.

 

One letter in particular was sent recently to DWP with a copy of a medical report from my Doctor which is stating that I cannot walk more than 50 yards without pain and discomfort, and other facts, this has been shown as being delivered by the post office but not being signed for,stating ''sorry, an electronic proof of delivery is not available for this item''.!!!!!! (This is on the track and trace at the post office site).

 

I am also like to mention that community legal services (dawn advice ltd) have been acting on my behalf, because i failed my ESA medical originally

i got in contact with them, via the leaflet Income Support Disagreeing with a decision - INF1 (JSA). Not sure if this is a good or bad thing???????.Legal services paid £50.00 to my Doctor for a complete medical assessment on my behalf, they have the original and have sent me a copy.

 

As stated above the recorded delivery that electronic proof is not available, do you think it is because i mentioned ''original copy sent to Community Legal services'' (dawn advice)?:confused:

 

Sorry still a confused happyhamr.

 

Any help appreceiated.

Share this post


Link to post
Share on other sites

contact your MP as they are i think supposed to contact you within 20 days even an aknowledgement...


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Share this post


Link to post
Share on other sites

Sorry probably confused you!!

 

I am still getting my ESA payments but at the lower rate, the letters i have received from them are the normal templated letter telling me what monies they are paying in.

I have had no response with regards to my appeal, sorry for the confusion.

Share this post


Link to post
Share on other sites

I am receiving basic rate ESA at the moment, however this stopped AND my housing benefit did for well over a month as they lost the bloody appeal letter, I rang them literally 5 times a day for about a month then it miraculously appeared. Funny thing is the tribunal letter states the appeal was received 4 days after it was posted! I had to faff around getting crisis loans which were barely anything & quizzed on what I needed the money for & they said they would only give me a small amount for food & didn't care that I had bills to pay etc.

My housing benefit took ages to be running again & now I'm dreading the same thing happening again!

 

Does anyone know how long it takes for a tribunal once your letter comes through stating your going to have to go to one?

 

I'm SO nervous about the thought of it & am dreading having to go. Should I get someone to try and help represent me?

 

I think it's such a joke when someone's genuinely ill & unwell and gets treated this way. I had to go to some silly pathways to work mandatory interview and the lady that was interviewing me told me her uncle claims sick for a bad back yet does fencing jobs & all sorts of things that prove he hasn't got an illness....they are the sort of people that shouldn't be on benefits & make it harder for people with genuine illnesses to be heard.

Guess we're just a statistic to them & not a human being!

Share this post


Link to post
Share on other sites

My 'appeal' was handed in in person on 14th April, I had what looks like a standard type response dated 19th April, saying they will look at it again, and if they decide in my favour they will let me know, or if not, they will send my appeal papers and their reasons to the Tribunas Service and send me a copy.

At least I've had an aknowledgement, just got to wait.

Share this post


Link to post
Share on other sites

Hi, I feel sorry for you. I'm going to my tribunal next week.

I first had my 'medical' in September, got turned down at end of October got my reconsideration turned down in December and am going to tribunal in May.

I have contacted my M.P and complained about the Job centre but everybody seems to dig their heels in and stick to the ATOS doctors decision regardless of proof.

I don't know of anyone who has had the reconsideration in their favour.

I have sent in all the proof I have to the tribunal, I even have a letter from the job centre saying I do have a limited capability to work but could work at a desk. I thought that that was what ESA was for but I'm still having to go to tribunal.

I'm due surgery in June and September so I don't know who will give me a job yet. I would have to ask at the interview for time off and sick pay.

What a waste of every ones time and money this is.

Good luck.

Share this post


Link to post
Share on other sites

I agree, a waste of time.

My argument is this :- I hav'nt said I can't work due to my condition, but I can't do the type of work I was employed to do, and probably never will, hence I lost my job. and home.

Therefore the type of work I can do is limited. so logicly I,

Therefore, have a Limited ability to work.

Its not rocket science but try telling that to the powers that be.

or am I loosing the plot, after all I do have a mental illness. ha ha.

Share this post


Link to post
Share on other sites

RE-APPEAL LETTER

Sent recorded delivery 17 feb

Signed for 18feb Belfast BT1 4JF.....DEFINATE PROOF

TIME SIGNATURE

 

Phoned belfast a little bit after this told me recorded letter recieved

monies would be backdated if appeal successful and this was based on

my national insurance contribution record Still waiting................

Around this time asked doctor to write to the DWP on my behalf.

she told me that she could not do so REASON THE DWP have toget in touch with her. MADNESS..........

I think I ask her to do this previous...........Getting Tired Now..

2 Many TabletsSSS KEEP FIGHTING PEOPLE Happy hamr

Share this post


Link to post
Share on other sites

Hi guys,

 

Got my letter through today saying I've got 14 days to send off my letter should I want to go to a Tribunal.

 

Does anyone who's been to a tribunal have any advice and suggestions of things I should do to help my case. I was reading that representation is the most important thing to consider as it helps your case. Who should I contact to help me, CAB, Welfare Rights?

Due to being on benefits I couldn't afford a proper solicitor.

 

Also what sort of evidence should I get together? I've only been seeing my councillor a few times & my doctors only sent off a letter towards my ESA appeal as of yet.

 

I'm pretty unsure of what to do really as this is all new to me :(

 

any help and advice would be greatly appreciated :)

Share this post


Link to post
Share on other sites

Just a quick note, I rang Welfare Rights and they said they couldn't represent me as I'm not getting social care etc and I'm only seeing a GP/councillor. CAB also said they don't represent.....I don't know what to do now :(

Share this post


Link to post
Share on other sites

Don't worry at this stage - long long way to go yet! Send off your form saying you want to go to tribunal and include any supporting evidence you may have. But don't fret about it yet. A DWP decision maker will review the file and decide if the decision should be reversed. This will take several weeks. If they stand by their decision, they will forward your appeal to the tribunals service. It will be between 6 and 9 months before your hearing. You can send supporting evidence to the tribunal service at any time up to 14 days before your hearing...

Best wishes

Rae

Share this post


Link to post
Share on other sites
Just a quick note, I rang Welfare Rights and they said they couldn't represent me as I'm not getting social care etc and I'm only seeing a GP/councillor. CAB also said they don't represent.....I don't know what to do now :(

 

Hi, I am sorry to hear that you have joined the many 1,000's of us that are falling foul of this system.

 

I am in the same boat so to speak, CAB are useless and do not have a representation service in my area in Kent. The local authority did away with the general Welfare Rights service a couple of years ago due to costs. As you say here in Kent the County Council still have that service but it is limited to those people that have a social worker. And the rest of the disability advice services/charities are OK for leaflets etc.

So like me, you are more than likely on your own!

The whole appeal process is a minefield. You don't want to be looking for evidence that you are ill, you should concentrate in getting professional medical opinion that shows that you are not able to pass the various descriptors. In my neck of the woods, reports of any type from the GP or consultant are having to be paid for by the patient - they are NOT free!!

You can try to convince the Tribunal that the evidence is out there and that they should apply for it on your behalf at their cost, to make the case/evidence more balanced. As was said to me on one of the benefit forums recently to me, 'having money does buy the best evidence!!!'

I would suggest your ask your GP nicely and your other professionals if they could carry out such a report free of charge.

Share this post


Link to post
Share on other sites

Hi there, sorry to welcome you to the failed Atos community. I have a sticky at the top of all the Benefits threads, about how to prepare for a tribunal [later on]. You need to use the back arrow to get out of this thread and then scroll to the top of the page where the stickies are. Or if you can't find it, I'll post a link, but if I move away from what I'm typing, I know I'll lose it. You may find other stickies that will help you.

 

Have you had the Appeal Pack from the DWP, especially the copy of your Atos computer assessment?

 

Please keep posting, we'll help.

 

HB x

Edited by honeybee13
Addition.

Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Hi guys,

I'm pretty peed off that I don't think I'll be able to find anyone to help represent me at my case but to be honest I'm not worrying too much as of yet because I'd rather focus on trying to get evidence and all the other bits sorted for the tribunal first.

 

I received my appeal pack back, all 100 pages of it lol. It was basically a complete and utter load of crap....in a nutshell they said that they'd reviewed my case and were sticking by their guns.....despite my enormous appeal letter! ( I felt I had so many points to make)

I knew this was going to happen really so it wasn't somethingthat totally threw me off balance although it is as always, extra stress that I don't need!:rolleyes:

The guy from welfare rights I chatted to today was nice enough, he just simply explained that they didn't have the time to go to every single persons tribunal and that people receiving social care were more of a priority to them. He said that in his opinion 80% of the tribunals decisions are based upon the evidence provided & not that of a representatives presence helping to put forward your case.

He's sending me out some letters etc and giving me some advice on what to do etc but that's as far as it goes.

 

I would have really liked to have had the opportunity of getting a rep elp me out as I feel myself personally wouldn't be great at the tribunal putting my case across :(

 

I'm seeing my councillor tomorrow & will explain things to him and see if he can get me a letter written up to help with my case etc & I will have to talk to my GP- the last letter she wrote wasn't brilliant (for my appeal) but in all fairness she didn't charge me.

 

I don't know how they think we can afford to pay for all these letters if we're scraping by on benefits!

Share this post


Link to post
Share on other sites

Hi there, I know how you feel. I'm not surprised welfare rights are overwhelmed, and we all know who's to blame for that, don't we? Starts with A, ends in tos.

 

Welfare rights have a great reputation and if they're offering you documents to help, then I would hope they'll be just that, helpful.

 

Forgive me if I missed it, but do you have a specialist or consultant to back you up?

 

At this stage, months out as Kelcou says, I wouldn't worry about representation. Two ladies that I know about from the forum have represented themselves, which I couldn't have done, but then I'm a wimp. And both won.

 

In my own case, my OH who wrote the document that is my sticky with me, went with me. I think we handed it in on the day of the tribunal, but I'd have to check that with him because I don't remember. In my case they said it was very helpful. It's written in DWP speak and has a dissection of all the things they said about me that weren't true. We won too :).

 

It's a shame about your GP, because a lot of people on the forum have had good support. Is it a practice where you could find someone else to speak for you? The more the merrier, I think.

 

Stay strong, HB x


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Hi guys,

 

Got my letter through today saying I've got 14 days to send off my letter should I want to go to a Tribunal.

 

Does anyone who's been to a tribunal have any advice and suggestions of things I should do to help my case. I was reading that representation is the most important thing to consider as it helps your case. Who should I contact to help me, CAB, Welfare Rights?

Due to being on benefits I couldn't afford a proper solicitor.

 

Also what sort of evidence should I get together? I've only been seeing my councillor a few times & my doctors only sent off a letter towards my ESA appeal as of yet.

 

I'm pretty unsure of what to do really as this is all new to me :(

 

any help and advice would be greatly appreciated :)

 

I am at the same stage in the neverending saga as you. I've just got the letter myself. I'm going to the CAB tomorrow to see if they have anyone who is good at this stuff. If not, I have had an offer from a very nice person on this site.

 

It's all going to take time. By the way, anyone, what is a "signer"?

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

Share this post


Link to post
Share on other sites

To be honest - and I speak of my own tribunal - I had a rep from CAB, I really wished I hadn't bothered as he was very much superfluous to requirements. The tribunal panel [in my case a chairman and a medical 'expert'] will want to speak to you not anybody else.

Mine focussed almost exclusively on the ESA50, we went through it almost line by line. Honey-bees template is excellent [was too late for me to use it but it will form the crux of my next tribunal - see how optimistic I am with the ESA system...!].

You can also build up your case with online research. Also, look your condition up on the DWPs A to Z of medical conditions [google search will give you the site].

Best wishes

Rae

Share this post


Link to post
Share on other sites

Hi,

I agree Rae, The questions they asked me could only really be answered by me.

I was also closely questioned about my ESA50.

I had notes so if I forgot anything I could refer to them.

I thought I would be asked how I coped from day today with shopping, driving, bathing etc. but I wasn't. It was all to do with the medical and ESA50.

I could not find any organisation to help me anyway.

The tribunals probably vary too. I had 2 ladies. They were very direct and professional.

Everything that is said is written down by a clerk too, its a shame that this doesn't happen during the ATOS interview. I think I will take my daughter if ever I have to go to an ATOS medical again as she does short hand. I wonder if it could be used as evidence in a tribunal.

Edited by cbbc
punctuation

Share this post


Link to post
Share on other sites

Interesting point cbbc about documenting an Atos 'medical'. I apologise if it's hijacking the thread for a moment, because this is going backwards, but I also remember a debate on the forum about recording them, do you Rae, I think you were around then?

 

I remember that Atos were not at all keen or even refused that. If you tell them of course :). Shorthand skills aren't as common as they were, are they, it would be interesting to know what Atos say on that?

 

HB x

Edited by honeybee13
clarification.

Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Interesting point cbbc about documenting an Atos 'medical'. I apologise if it's hijacking the thread for a moment, because this is going backwards, but I also remember a debate on the forum about recording them, do you Rae, I think you were around then?

 

I remember that Atos were not at all keen or even refused that. If you tell them of course :). Shorthand skills aren't as common as they were, are they, it would be interesting to know what Atos say on that?

 

HB x

 

Hi all, what a damn good idea - why did I not think of that one when I had my medical. As you say, shorthand is a not what it once was. However, my daughter when she qualified as a Legal Secretary a few years back, had to learn that skill. In fact as far as I remember, it IS a requirement for that particular qualification. I should have taken her with me, as it was I went in on my own and left my wife in the waiting room.

Maybe, this is a possible opportunity for my daughter to sell her skills at these medical assessments. She no longer works as she is a full time mum.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...