ESA Nightmare

[blondi82]

Hi all

 

 

 

I have been looking around your forums for some time, butnever posted.

 

 

 

This all started for me last march I was on incapacitybenefit and have been for 4 years due to back problems and knee problems, I gotthe form to fill in march.

 

Then Got called in for a medical, they tried to get me tocome in early with 30 minutes notice when I said I couldn’t get there in timethey reluctantly agreed I could keep original appointment.

 

 

 

The medical report was of information that quite frankly theyjust made up. And said I scored o points and should just use a wheel chair andwould be fine.

 

 

 

After my appeal, I called each month to check on thereconsideration, Each time it was done, it wasn’t done, I got the points Ididn’t get the points, letter had been sent out, no notes they didn’t know andwent round in circles with a different answer each time.

 

 

 

Finally February came and I still score 0 points and I amgoing to tribunal.

 

Tribunal was last week it was the most awful experience inmy life.

 

The Judge seemed nice enough but the doctor seemed like hecame from ATOS he grilled me on my walking over and over, made up this reallyodd scenarios.

 

Anyway even after all the grilling, the fact I said Icouldn’t repeatedly walk 50 meters, the letter from doctor, specialist phyisotherapy and Cab all said this too. But they put me down for 100 meters puttingme in the WRAG group. Meaning its all over for me as my partner works.

 

 

 

The judge was willing me to appeal I’m not sure if she wasbeing nice or its some kind of trick to take it all away from me.

 

 

 

Does anyone know if I can appeal the tribunal on the groundI believe the wrong amount of meters has been put down? What classes as a pointof law?

 

 

 

Thanks All

[**Margaret**]

:blondi82:

 

Sorry to hear that a tribunal panel gave you a hard time. You can't appeal the decision over a disagreement as to how far you can repeatedly mobilise.

 

Errors of law include:

 

Mis-interpretation of the law.

Not considering all the evidence.

Some procedural errors with the way a tribunal is conducted.

 

An appeal to the upper tribunal isn't a do it yourself job. Most appellants need help from a welfare rights advisor or a solicitor with experience of benefit issues. I'd ask for the statement of reasons, then find some professional advice if you still want to appeal further.

 

Sincerely, Margaret.

Edited April 2, 2013 by **Margaret**

[Followme]

When you look for legal advice make sure it is one fully trained in Welfare rights, that way you know for certain you are paying someone who knows what they are talking about. Not that I'm saying some solicitors are crap!!

[estellyn]

Hi. Firstly what you need to do is request a statement of reasons for the decision. If you've provided evidence that you can only consistently mobilise less than 50 metres, then it needs to be explained in the statement of reasons why they have chosen the 100 metres descriptor. If it isn't explained, or the explanation is not based on proper evidence or reasoning, then this would be an error of law that you could appealto an upper Tribunal. Get the statement of reasons, and then either get help from a welfare rights rep, or post the SOR (minus identifying info) and I'd be happy to take a look to see if you may have a case.

 

As Margaret says, you will need professional help if you do have a case for UT.

[blondi82]

Thanks for your responses, I have now sent a request for astatement of reasons.

The bit I just cant get my head round is with all the evidenceplus what I said to them all pointing at 50 meters, even the judge clarifiedthis and repeated it so I cant see how I could have been put down for 100meters, it all sounds so trivial but unfortunately for me it’s the differenceof being in the work related activity group or support group.

[estellyn]

Thanks for your responses, I have now sent a request for astatement of reasons.

The bit I just cant get my head round is with all the evidenceplus what I said to them all pointing at 50 meters, even the judge clarifiedthis and repeated it so I cant see how I could have been put down for 100meters, it all sounds so trivial but unfortunately for me it’s the differenceof being in the work related activity group or support group.

 

It will all come down to the dtatement of reasons. If they put a 'valid' justification for disregarding the evidence for some reason, then you probably won't be able to take things further, but if they can't justify the decision, or fail to justify it, then you may have a case.

[blondi82]

Thanks for all your kind Replys, and I am sorry about all the missing spaces I was in such a state when I posted these.

 

How long have you all waited for your statement of reasons?

Mines been over ten weeks now, I contacted them and got told they were working on it, that was over two weeks ago.

[estellyn]

Thanks for all your kind Replys, and I am sorry about all the missing spaces I was in such a state when I posted these.

 

How long have you all waited for your statement of reasons?

Mines been over ten weeks now, I contacted them and got told they were working on it, that was over two weeks ago.

 

Normally takes about 2 to 3 months, but there is quite a backlog with more people asking, so just be patient.

[blondi82]

Thanks for the response, that's a very long time. They told me at the tribunal it would be around 6 weeks.

I am not sure what to do next my esa runs out in two weeks

[Slatted]

I would just send in another sick note until they get round to sending you what you asked for.

 

Does seem ridiculous when you are asking for a copy of a document that they should have had at the time of the Tribunal though. It is not a first stage reconsideration of decision....are they aware of that? Things can get muddled, especially these days.

[estellyn]

Thanks for the response, that's a very long time. They told me at the tribunal it would be around 6 weeks.

I am not sure what to do next my esa runs out in two weeks

 

Sadly, as long as you've chased up the Tribunal's Service, and they've confirmed it's in process, there is little you can do.

 

Appealling to UT, f you have a case, is not a quick process, and you need to resign yourself to that. I know it's not what you want to hear, and I really do sympathise.

[estellyn]

I would just send in another sick note until they get round to sending you what you asked for.

 

Does seem ridiculous when you are asking for a copy of a document that they should have had at the time of the Tribunal though. It is not a first stage reconsideration of decision....are they aware of that? Things can get muddled, especially these days.

 

She doesn't need to send sick notes as she's been put in the WRAG group.