Appeal tribunal tomorrow...(ESA). Absolutely bricking it. - ** WON **

[worried33]

Good luck today.

 

I had my DLA tribnal last year (ok, DLA isn't quite the same ESA; but I understand the tribunal is the same) and DIAC refused to represent me because they believed I would lose. In fact, they went as far to say I was lying on my forms! Anyway, I received a lot of advice on here, went to tribunal and won with a lot of help from people on here.

 

Yeah they try to cherry pick the easy cases, which I find odd as I would think the harder cases are the ones that need the help more. To accuse you of lying is disgusting.

 

I had a similar story years ago, it was for a DLA appeal, legal aid were originally going to pay a doctor to do a walking test on me and use that as evidence, the walking test never happened and they about a week before the hearing backed out saying I was going to lose. I did lose but I didn't like the way they handled it.

 

The DLA appeal that I won last year, I represented myself.

 

I think there is an element of luck of who you get on the panel, but the lady who specialises in the care element on the panel was actually on both the panels as I recognised her. The hearing I won, I just kept to the facts and made sure I looked them in the eye when answering their question. Important just to answer what they ask and don't get side tracked.

[reallymadwoman]

Thank you for posting your positive result. Not only is it a big thank you for all the people who gave you advice, it's proof positive that it is worth appealing.

 

I know you got 27 points this time, but just out of interest how many points did ATOS give you - i.e. just how wrong were they?

[essexmat]

Brilliant news - sometimes fighting back pays off and with the help of CAG and people with a lot of knowledge of these things the systemcan be beaten so that people get a fair outcome. Well done!

[Nystagmite]

I think there is an element of luck of who you get on the panel, but the lady who specialises in the care element on the panel was actually on both the panels as I recognised her. The hearing I won, I just kept to the facts and made sure I looked them in the eye when answering their question. Important just to answer what they ask and don't get side tracked.

 

Talking to the panel at my recent DLA tribunal, one of the people told me (I can't quite remember her job) that she worked with visually impaired people. So when explaining why aids don't work, she did understand why. Whereas most people can't understand that no amtter how much correction you chuck at me, I'm still not going to be able to read that medication label.