esa tribunal

[josiesel]

i had my esa tribunal today and broke down in front of the judge and doctor.it lasted 20 minutes and was told at the end i would get the decision in the post.can someone who has gone through this tell me how long it takes to get the decision

[time4change2]

it all depends i know when they send the decision notices by post i was told there all done in batches but when i went with my sister to hers she was told on the same day,

 

it might be a week or so but some people have waited longer for there decision maybe call the tribunals service or JCP Friday next week see if yours has been sent out and what the decision was

 

hope all went well for you xx

[liverbird37]

I had my tribunal on a Friday afternoon, and got the result first class post Monday morning.

[Guest]

it does seem to differ....I had mine before I left

[josiesel]

got my results today and have been placed in the WRAG anyone know how i go about appealing this im currently on morphine patches due to severe pain and they leave me and a sort of zombified state

[time4change2]

have a look at this its about appealing to the upper tier tribunal

 

http://www.disabilityrightsuk.org/f39.htm

[Nystagmite]

You can only appeal if you meet one criteria for the support group.

[GothBoy]

I am going through the same as you, almost identical although I came off the pain patches due to allergy and now take Oxycodone. You first need to ask for a Reconsideration from the DWP, include as much information as possible as to how you meet the Support Group criteria (maybe the Special Circumstances part). If you get turned down, which you probably will, then you need to GL24 form it and this leads to a SECOND consideration. If they still reject this then you get forwarded to the Tribunal Service. Do all this as soon as possible as there's 28 day timelimits. You can't appeal to the Upper Tier Tribunal unless the Tribunal made an error of Law, rather than an error of judgement. Always remember that it's the DWP staff that award benefits, then can even try and reject the findings of a tribunal if they're feeling brave (and stupid).

 

I know all this because I'm just waiting for a tribunal date.

[Nystagmite]

You are better off just asking for an appeal. They look at it again anyway.

[cleaver]

got my results today and have been placed in the WRAG anyone know how i go about appealing this im currently on morphine patches due to severe pain and they leave me and a sort of zombified state

 

Are you thinking that because you are on 'morphine patches that leave you in a zombified state' you should be in the Support Group?

Personally I can't see that the conditions of that group would apply to you. I may be wrong, but you have to be pretty seriously ill to get into that group.

 

I am prescribed 100mg of 12 hours lasting Morphine (MST) twice a day (200mg daily) topped up with 120mg (60ml) or Oramorph (quick acting oral Morphine) daily and I can't even get onto ESA - I was told to get a job!!

[GothBoy]

Are you thinking that because you are on 'morphine patches that leave you in a zombified state' you should be in the Support Group?

Personally I can't see that the conditions of that group would apply to you. I may be wrong, but you have to be pretty seriously ill to get into that group.

 

I am prescribed 100mg of 12 hours lasting Morphine (MST) twice a day (200mg daily) topped up with 120mg (60ml) or Oramorph (quick acting oral Morphine) daily and I can't even get onto ESA - I was told to get a job!!

 

Cleaver, the DWP will always try to say you have to get a job. I have a list of illnesses so long I could write a book. I literally have days when I can't get out of bed to pee or wipe my bum on the toilet. I was told I was fit for work. My tribunal put me in the WRAG only because they had to base it on how I was a YEAR before the tribunal. I'm now applying for SG because I've gotten much worse.

 

I know people who are in the SG just because they get angry when under pressure, it's not so much to do with illness as how it would cause a problem in the work environment.

[Nystagmite]

My tribunal put me in the WRAG only because they had to base it on how I was a YEAR before the tribunal.

 

Your tribunal has to be based on how you were at the time of the assessment and not now.

[GothBoy]

Your tribunal has to be based on how you were at the time of the assessment and not now.

 

Exactly, I had my assessment in December 2011 and the Tribunal in November 2012! Even though they could see I was worse they kept explaining that it HAD to be based on December 2011. They were just as frustrated as me, especially as I had a first Tribunal in March that had to be delayed as the DWP had provided zero medical evidence or included some of my illnesses!

[UncleBuck4U]

Now you can't mix the two medical conditions ! If you get Morhine for you mental illness, it can't be used. However if your on it because of a bad back you can ?

 

As pointed out too... You must meet a certain condition to get the points to get into the SG ...

 

I'm waiting my medical

[Nystagmite]

I'm not sure what you're getting at; but the new changes are:

- if you're on medication, they don't take the side effects into account. For example, if your medication makes you drowsy, that's ignored. But if the drowsiness is due to a physical disability, they'll take that into account.

- if you have depression as a result of a physical disability, the depression is ignored.

 

Not sure how the latter can be proved or disproved though.

[UncleBuck4U]

Thanks for putting it across better Not long now until my medical Although I don't know why, it's not I've loads to remember or make up .... It's shooting from the hip I'm afraid, just as it is !

[odds]

Can't find the option to delete a post, I can edit it, so I thought I would just post this instead and waste 30 seconds of my life doing so

 

Pete.

[GothBoy]

The whole system is a farce. I've been discussing it with my ME/CFS specialist and we both come to the conclusion that it needs to be tried in court as diseases like ME/CFS and Fibromyalgia are confirmed by the WHO to be both Physical and Mental yet the DWP don't agree.

[Nystagmite]

How is Fibro mental? It's not a disease / condition I understand, apart from something to do with pain.

[GothBoy]

Because there is a neurological component and in DWP world neuro=mental. Truth is, as there's no definite test (eg scan, blood test) it is still viewed by many medical professionals as being 'all in the head'.