Esa "appeal" papers came through today.

[ni132]

hello. i wrote on here in June last year when i went for my esa medical which of course i failed and only got 6 points in. Today at long last i got a massive letter with all the previous letters i had sent them and it says on "if there will be an oral hearing they will tell you where and when it will be heard. I just am not sure what stage i am at. Is it now just going through to a decision maker? Just a little stressed out reading through some of the actual comments the "medical assessor" put if you can call her that at the time i went for the medical. I did also wonder if it did go to a hearing, would i have to attend? That scares me the most out of anything. Any help from someone who has been through and got the same kind of papers i got would be great. thank you all in advance.

[Guest]

I got all those papers/letters etc . i had my atos messical in 2009, and it went to tribunal..before the tribunal i had all what you now have, the dwp will also have been sent copies of it all, its to make sure both sides have all the info. in my case i then got a date for my tribunal, it was an oral hearing, meaning the claimant attends. i was scared too but am glad i went, i took my daughter for support. its reckoned that you have more chance of winning if you go, and its really not scary, they are independent of the dwp, and they do not make you feel intimidated at all. they only want to find out how your illnesses affect you in your day and what you can and cant do. by being there in my opinion, you can tell them better, or show them, if your not there then you miss that chance. on my day i was in bits, but this at least showed them my mental state. i won my tribunal but i don't think i would have if i hadn't gone, as seeing is believing as they say. if you don't go they only have the papers. sorry to ramble but trying to help.

 

someone with more experience to advise will be able to tell you more i am sure.

[honeybee13]

Hello again.

 

Here's a link to the forum sticky about appeals and tribunals. You need to go through what Atos said about you and find all the mistakes and contradictions. Then if you want to use the sticky template, you have a document to submit.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%282-Viewing%29-nbsp

 

It's always said that it's best to attend if you possibly can, better chances of winning.

 

My best, HB

[ni132]

thank you. No that has helped alot. So i should basically get a date for a tribunal through in the coming weeks. My only worry with attending is going alone. I live with my mother alone and she is almost blind. So bringing anyone would be unlikely. I read somewhere that it might be possible for someone from the CAB to attend with me. Not sure if thats still true. Will do some investigating on it.

[honeybee13]

Yes, I think it's worth speaking to the CAB to see if they can come with you. They often have Welfare Rights people who can help, but I know they're all very busy.

 

HB

[Guest]

I waited quite a while for mine, but would advise that you contact CAB asap, or any welfare rights you can find. Good Luck.

[ni132]

i just took a read through the link about tribunal. i almost had a panic attack right where i sit. The thought of this is terrifying me. I'm not a very outgoing person and haven't had much interaction with people other than my doctor in the last few years. Sitting in front of 3 strangers is really going to be hard, I don't know if i can do it. But thank you all for your help. I will keep you posted with any updates.

[RaeUK]

I appreciate you may wish someone to go with you and that's fine. But it's not the end of the world if you have to go by yourself. Regardless of representation, the panel will want to chat with you. They'll go through your ESA50 and the 'medical' assessment, paying close attention to what you say. They are usually very friendly, relaxed and informal affairs and they are used to people feeling nervous.

[RaeUK]

i just took a read through the link about tribunal. i almost had a panic attack right where i sit. The thought of this is terrifying me. I'm not a very outgoing person and haven't had much interaction with people other than my doctor in the last few years. Sitting in front of 3 strangers is really going to be hard, I don't know if i can do it...

 

I understand your worries but they are very friendly and relaxed.

Have you got a close friend or relative that you trust? If so, ask them to read through your ESA50 and assessment and ask you simple questions. Anything, really, just to have a practice and get a 'feel' for it. If not, play both parts yourself. I know that sounds bizarre but it's just to give yourself a little practice speaking out loud about your assessment. It's not quite the same when we just think and imagine what we'd say.

[**Margaret**]

:ni132:

 

Jobcentreplus have finally reconsidered their decision, decided not to revise it, and sent your appeal to the Tribunals Service.

 

Next letter you receive will be an enquiry form from the Tribunals Service like the one below. The 2 - 4 months is a tad optimistic, more likely to be at least 6, maybe 12.

 

http://www.justice.gov.uk/downloads/forms/tribunals/sscs/TCEEnquiryFormAppellant.pdf

 

If it helps there's only two people on an employment n support tribunal panel, a judge and doctor. Unlike the Atos assessors, they'll listen to what you say, and towards the end you'll get a chance to add anything that's been missed.

 

Have a cheery , Margaret.