ESA Tribunal hearing next week. So scared can anyone help? - ** WON **

[honeybee13]

Nice to see the panda. Is that a real cat or a virtual one on your keyboard?

 

Not meaning to take Holly's thread off topic though.

 

HB

[**Margaret**]

:honeybee13:

 

Real one. She paddles across it to get my attention.

:?:, Margaret.

Edited April 14, 2013 by **Margaret**

[honeybee13]

I love cats, we'll talk about them another time.

 

HB

[estellyn]

Margaret has given some good advice, but just to take you through a few things step by step, in case you haven't already done them:

 

1) Take a look at the support group descriptors http://www.tameside.gov.uk/esa/lcwra and see if any apply to you, if any do, then do the same as with the other descriptors, except under the subheading 'support group descriptors'

2) Write a paragraph explaing (if applicable) if being found fit for work will cause substantial risk to your physical or mental health, or if you would have any difficulties having to undertake, work related activity.

3) If any evidence you have supports specific descriptors, you can link this in in brackets at the end of your paragraph about that descriptor, for instance: 'this is supported by the attached written evidence provided by Dr Smith/CPN John Jones/Support worker Mary Davies).

5) It can also be useful to include a paragraph detailing your history with the professionals who are providing evidence for you - how long they've known you, how frequently you see them, and point out how familiar they are with your condition.

 

6) Now the most difficult thing which Margerat has touched on. You now have written down in black and white, which descriptors you think you meet. So you need to go back to the submission by the DWP decision maker which normally says they're relying on the evidence provided by the ATOS HCP. Write a sentence pointing this out - something like 'The DWP decision maker has based their decision on the report of the ATOS HCP, which I submit is flawed evidence due to the following points:'. Then you need to go through the ATOS assessment report and point by point, pick out all of the mistakes, flawed assumptions, and fictional information. This is very important as basically what you're saying to the Tribunal panel is that the evidence provided by ATOS is very poor, and the evidence you are providing is far superior, and so they should put more faith in the evidence you've provided than in the ATOS report.

 

Put it all together in a typed document with your name, national insurance number and case number at the top, place in a folder with your other evidence and arrive early and hand it in on the day.

[helpplease?]

Still no slepp

 

I cant switch off, all im doing it thinking, stressing and worrying. Along with doubting myself wether I can fight this?

 

I feel physically ill from the stress

 

I just dony know what to do with myself

[honeybee13]

Yes you can fight it, Holly. All of us here have been through this.

 

Have you gone through the Atos assessment and marked all the things they got wrong or where they contradict themselves? I would start there. Use highlighter pen, circle the things in pencil, whatever suits you.

 

Hugs, HB

[levemir]

hello, what was the outcome in this case?

[helpplease?]

Hello!! After a very lengthily submission, im pleased to say I WON.

 

My advice? Follow all the steps others have advised. Be completely open with them and yourself. I personally had to face & admit to myself how much help I actually needed everyday. Which has helped me accept what I have and In many ways I'm in a better place than I was

 

Good luck :)

[honeybee13]

Hello again. That's brilliant, well done you!

 

I'll change your thread title.

 

:cheer2:

 

HB

[mickrick]

Thats fantastic Holly. As another CF member who had to go through the indignity of an ESA tribunal, I have a fair idea of what you've gone through. The thing is, the vast number of tribunals and appeals are won, which begs the question, why hasn't the entire process been overhauled to have this dealt with at local office level. I'm sure millions in tax payers' money must be lost each year taking claimants to tribunals just to have to pay them everything they're owed.

[**Margaret**]

:Holly:

Pleased for you, that you landed your entitlement.

 

Margaret.