Going to tribunal on the 26th

[Browneyedgal43]

Hi iam going for a tribunal on 26 I have spine trouble had a huge bulge in my spine for the 2 nd time and had my 2 nd op in jan which has left me with not much use in my left leg so last year when it all started I applied for the work related one had interview with atos who awarded me no points so got nothing the fact I can hardly walk in constant pain need to use a crutch in case my left leg gives way I have sent lots of letters to them from docs etc but they still say not entitled what more can I do now there is nothing more I can send them please advise

[gladitsover]

Hi there

 

Can you make it to the tribunal ok ?

Definitely take someone with you to help you - drop you off, go park the car, help you walk in & support you at the hearing. The doctor & judge mainly wanted to talk to my daughter but I could speak too whenever I asked.

The doctor and judge were really good people and did their best to make it as informal as possible. It was not a courtroom with a raised platform - just a room with tables laid out in a square like you'd expect in say a council meeting.

The letters you submitted so far may be included in your tribunal pack they sent you. You can still officially submit a further pack up to 7 days before the tribunal. We took papers on the day (a summary of my daughters illness / what specialists seen / treatment so far / how my daughter felt) & I didn't think we would be allowed to hand these in on the day but they were readily accepted.

Suggest you take a summary of how you meet the 15 points + & any medical letters not already in the pack. I wish I'd taken more medical letters but the doctor (who does most of questioning) was very understanding.

Please remember that this is not the ATOS people - it is like going to see a doctor in the hospital for the first time & he just wants to question you in a kind way about your medical history. I got a strong feeling that the doctor & judge wanted to help us through the process if they could. After ATOS & DWP I hope you will find this a positive experience & the chance to be heard fairly.

 

Remember that about half of ATOS decisions are overturned at tribunal. Looking at your brief summary I would fully expect you to win yours. Please just ask me if you need to know anything else about tribunal. ps If you want people's views on ATOS you only have to google them - apparently 150,000 complaints to Citizens Advice.

 

very best wishes

gladitsover

[Nystagmite]

Hi iam going for a tribunal on 26 I have spine trouble had a huge bulge in my spine for the 2 nd time and had my 2 nd op in jan which has left me with not much use in my left leg so last year when it all started I applied for the work related one had interview with atos who awarded me no points so got nothing the fact I can hardly walk in constant pain need to use a crutch in case my left leg gives way I have sent lots of letters to them from docs etc but they still say not entitled what more can I do now there is nothing more I can send them please advise

 

Being unable to walk doesn't entitle you to ESA.

[gladitsover]

Oh ...I forgot...

 

I strongly recommend that claimants have someone take them to their 'assessment' with ATOS - to drive them, support them going in if needed, be on hand during questioning , take them home...the ATOS argument starts with people being able to attend the assessment themselves must be fit to work.

 

Now my daughter has had ESA re-instated at tribunal she will no doubt be asked to attend 'return to work type' interviews with DWP. I will be going along to support her. Regret not being at the ATOS one.

[gladitsover]

please don't prejudge a hearing with a fair panel.

Edited November 15, 2013 by gladitsover

[honeybee13]

Hello browneyedgal and welcome to CAG.

 

I've moved your posts to the main benefits forum because your query isn't about Atos, where you just posted. I'm sure the guys will have advice for you.

 

My best, HB

[honeybee13]

In case it helps, here's a link to the forum stikky about appeals and tribunals.

 

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

 

HB

[**Margaret**]

:Browneyedgal43:

 

Whilst medical evidence is important, entitlement to employment n support is decided by the legal criteria for an award. Ability to perform, or not, a list of prescribed activities (descriptors) that are relevant to the workplace. If you read the guide that :honeybee13:'s linked to, the sixth link in #1 is a guide to the work capability assessment. The descriptors are listed on pages 10 - 12 and 18 - 28.

 

You'll find your tribunal hearing a lot easier if you use the template for a written submission of why you satisfy the descriptors ahead of the hearing. Head up separate sheets of A4 or word docs for each descriptor you meet. For example;

 

Cannot either mobilise more than 100 metres on level ground ......

 

Then quote what Atos have said. Next, with reference to your medical evidence, write paragraphs to explain where Atos got it wrong and what the true situation is. Think about the day to day activities you can't do. For example, cos of spinal problems I can't walk/wheel to the bus stop, so my partner has to leave work early to take me to the doctor. For the mobilising descriptor you'll need to explain why it isn't reasonable for you to use a manual chair.

 

Slot your prepared paragraphs into the template and send it (recorded delivery) directly to the tribunal venue if your hearing's scheduled for 26 November. If you're too tight for time, take three copies with you on the day.

 

Once Jobcentreplus have passed an appeal to the Tribunals Service, they rarely read extra evidence sent before the hearing. There's no implications for the outcome of your appeal, from their refusal to revise their decision.

 

Sincerely, Margaret.

Edited November 17, 2013 by **Margaret**

[Browneyedgal43]

Hi all thank you for your input I won at my appeal they put me into a support group to be reviewed in 24 months I don't think I will get anything though as I have no national insurance credits and my hubby works more than 24 hrs a week but at least I won that's the main thing they also said the atos people were out of order and didn't tell the truth

[sirbob10]

My husband is in the Support Group and I work 25 hours and he still receives his ESA as although he's been on it over 365 days because he's in the Support Group which has no limit so its still classed as CB based ESA.

 

 

Hope this helps.

[**Margaret**]

:Browneyedgal43:

 

'...... the atos people ...... didn't tell the truth' Well there's a surprise, not!

Glad you landed your entitlement, even if it's only for credits. You're correct that you won't be entitled to payments of employment n support but the credits will help towards a state pension when the time comes.

Margaret.

[Browneyedgal43]

Thank u I have been on in credits since may 2012 so no change there then so I spose it just means I don't have to get anymore sick notes thank u all for your help

[gladitsover]

"Remember that about half of ATOS decisions are overturned at tribunal. Looking at your brief summary I would fully expect you to win yours"

see ! ....well done you !

 

very best wishes

gladitsover