ESA Appeal Hearing date arrived...Help me please ;-)) - ** TRIBUNAL WON **

[MummyMC]

Hope someone can give me some good advice here please...

 

I have recieved my hearing date and was wondering if I will be expected to attend..?? They state that if I do not attend then the tribuneral will decide the appeal in my absence...? Do I have to go..??

 

Also...I was given 9 points at my assessment due to me not being able to get to an familiar place without being accompanied by another person...Yet they state I am fit for work..???? Can anyone tell me a job where the employer will allow me to take someone with me everyday to accompany me due to my mental health problems..??? I do not go anywhere alone EVER !!

I also suffer severe dermatitus and excema of the hands and find preparing a meal and personal care a nightmare...They haven't taken any of this into account...

 

Any help and advice on anything I can put in writing to be used as evidence for the tribuneral to see...???

 

Any advice grately recieved...I am finding this all a real headache....

Thanx ;-))

[honeybee13]

Hello and welcome to CAG.

 

Here's a link to the forum sticky about appeals and tribunals which may help you. It has a link to the DWP descriptors and a template you can use for a document to submit to the tribunal.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%281-Viewing%29-nbsp

 

You don't have to attend, but you should get a better result if you do.

 

My best, HB

[time4change2]

hi mummymc hope your well

 

i agree with honestbee13 its always best to attend in person and get your point across face to face as its always better for them to see your physically with your illnesses. after going though 2 tribunals myself with my sister they can be daunting but a lot of people have gone though the appeals tribunal processes and based on figures more people have better outcome in person that on a paper decision.

 

on the day there will be the court Clarke the tribunal judge and also a doctor sometimes there is a representative from the DWP but no always remember these people are nothing to do with ATOS or the DWP they are totally independent.

 

they will ask you in and then go though your claim and the answers you have given previously on your esa50 and also the medical report from ATOS they genuinely read though this before you go in so they are familiar with your individual case. also make sure you go into detail about how your illnesses effect you its alleyways best to do this i find as its give them an in-depth understanding of how they effect you as illnesses effect different people in many different ways

 

have you sent into the tribunal service a statement of reasons that you disagree with? the reason i ask is this is what you will be arguing about(why you think the decision is wrong and the points awarded is wrong) have you sent in all medical evidence linked to your conditions ie doctors resorts diagnosis medication ect ect?

 

always bring someone with you for support on the day of your hearing and if you can get a relative or someone who helps you to do a statement of how they help you and how they see your condition's effect you on a daily basis send in as much supporting evidence as you can ready for the tribunal day

 

if you need any more help and support were always here for you

[MummyMC]

OK thanx a million guys...I had to go to a tribunral hearing to get my DLA decision changed too a few years back and it sounds very similar to that...OK I will be going if I have more change of getting a positive result it has to be worth it...I am hoping they have shot themselves in the foot to be honest by admitting that I cannot visit 'familiar' places on my own and yet I can still work...Its a joke really...

Again many thanx and I will let you know how it goes...My hearing is not until 23rd March so fingers crossed...

Thanx again xx

[time4change2]

good luck

and keep us posted xxx

[siclone]

hey mummy mc iv recently just been to a tribunal regarding my ESA you dont need to attend it yourself but it would go more in your favour if you did, if for any reason you cant go yourself you could always request that a family member or partner could go on your behalf, as for atos medical assements iv had 3 and been scored differently 3 different times i suffer from simila rmental illnesses to you I.E not leaving my house by myself because im scared to, there pink assement form they send you through before hand is a load of rubbish there is 2-3 questions on mental illness and the rest are for physical illnesses its no wonder anybody with mental illnesses cant score enough points to pass there assessment. good luck x

[dibdabable]

I absolutely agree with everyone about going to the Tribunal if you can, apart from anything else you have an opportunity to speak for yourself. My only concern in your case is are you saying that they have said you can't attend unfamiliar places and yet they're saying your okay to work?

My only concern is that you will be turning up to an unfamiliar place and if this forms the basis of your argument that you can't work I just wonder how they'd view the fact that you have been able to attend the Tribunal..I really hope you will be able to have someone with you as this will be crucial to your argument.

If this is the case then I would try and seek some advice from CAB or Welfare.

[MummyMC]

I made it to the tribunal and won !!! I got put into the 'support' group and am waiting confirmation....It was very very daunting but am glad I went. My Hubby went with me (as he goes everywhere with me ) OK my next question...Whats the support group in simple terms...I am no good at reading and making sense of things so plain and simple please...

Thanx for all you advise guys I am really glad I went now ;-))

[Nystagmite]

First of all, well done.

 

Support group - you don't have to do anything to prepare to get back to you. But (I think you're mad if you do this) you are allowed to contact an adviser about getting back to work if you wish.

[honeybee13]

Hello there and well done to you and the people who helped you, I'm really pleased for you. What a relief.

 

I'll amend your thread title.

 

HB

[dibdabable]

The great thing is now you're in the Support Group your money will not end after a year it will continue as long as you are in the Support Group and you don't have to do anything, thats the point. Yu can concentrate on trying to get better now and forget the stresses you've been through.

You don't need to send sick notes in either, being placed in this group means your disability is accepted and not dependent on Dr's giving fit notes.

 

I know how it feels it's an immense feeling, so enjoy it an dgive yourself a treat you've earned it.

[MummyMC]

Naaaaaw thanx again guys....Yes it is a huge relief...How scary was that...It was held in a Magistrates Court too which didn't help matters. They did try and calm me by saying that it was only being held there as they had no where else to do it..!!

Anyway, I am even more relieved now thanx to you guys and I know I don't have to send notes in etc....Will I get back paid for the time I have been on Assessment rate does anyone know..?? I haven't even received 'cold weather payments' while I have been waiting..???

Cheers I will treat myself as suggested ...Maybe a curry delivery is on store ;-)

[helpplease?]

Hello

 

Wondering if you can help? Im going through exacly the same, same condition. I cant go any where myself not even to put the bins out I offen stay in doors weeks at a time due to anxiety & depression. Im currently working on the massive amount of papers. I have my partner and support worker to come to the tribunal with me. All the stress is making me really ill!!

 

How was it? Was it as bad as you feared? I want this support to get back into work and learn how to control my anxiety, I no its possible to live with this condition im hoping with the right help and support I can get better.

 

Any help or adivce you can give me would be fantastic. Its so nice to speak to someone that understands what its like not to be able to leave the house alone. Also that has the same frustrations with 'Atos' not understanding mental conditions.

 

Many thanks Holly

 

PS well done on the win!!!!!!

[missy2006]

I had my Tribunal on Friday and i had to sit in front of a Doctor and i think a Judge i could be wrong but even though i was very very nervous and stressed the Doctor especially put me at ease as much as was possible. I had to tell them how i go about my day and how it affects me and the help i need as i suffer from Mental Health Issues. I wasn't expecting to have them side with me but they did, as they asked for me to go out the room for 5 mins or so and when i came back they said they has sided with myself and they would be getting in touch with the DWP saying that iam entitled to ESA with the work related activity component (whatever that means). Also they stated that they were going to recommend that the Department doesn't reassess myself within 2 years of Fridays date. The Doctor asked me if i was claiming DLA which i said i wasn't as i didnt think that applied to myself.

 

Although iam delighted with the result iam annoyed that the Nurse who assessed me at the ATOS medical didnt have a clue about people with Metal Health Issues and i told the Tribunal this without being nasty even though she blatantly lied in her report.I asked them is it right a Nurse can Assess someone with a Mental Health Problem when they are not really qualified to Assess people like myself and the Judge said well at the time of my ATOS Medical she could. But he also said there is a case going on which could change that as someone is challenging that only properly qualified people can Assess people with a Mental Health Problem which i said to him that would be much better.

 

Even though it is a very very stressful situation to deal with i urge anyone to go to the Tribunal rather than not going because at least you can get your views across where as if you just let them read a letter the chances are they will side with the ATOS HCP. Sorry for this long winded post.

[mr_mastiff]

The Nursing and Midwifery Council code of conduct clearly states that a Nurse by an action or inaction must not cause harm to a patient. There are very strict guidelines in relation to record keeping and a growing number of the fitness to practice members within the council have raised concerns about the practices of nurses employed by ATOS. However, they cannot take action until these cases are reported to them.

In the case of the the nurse above She was not registered as an R.M.N, She allegedly falsified reports and made assessments in an area in which she was not qualified to make those decisions. any of these actions would make unfit

to practice.