ESA tribunal appeal experience

[davina2]

I have been searching but could not find a thread on ESA Appeal experience, what questions people were asked and how the whole process is done.

 

I read on BBC Ouch! forum that they only can decide about your condition at the time you applied for a tribunal review and cannot take in consideration your condition if it worsened at the time of the appeal.

 

So basically, they would ask you whether your condition has worsened and if you say 'yes' ( which would happen to many people due to stress caused by the whole process) then your appeal is refused but it is recommended you apply for ESA again.

 

This is a little trick, I guess ..

 

I wonder what happens if your condition hasn't changed, if it is still the same as it was at the time of the appeal?

 

Has anyone been in this situation ?

[doktorjohn]

I have not had my appeal yet but you will get replies soon.

 

It would seem that it varies a bit but mostly it's not too bad and you will get a fair hearing.

 

I wouldn't worry about a changed condition, it's more about winning the points back that you should have gotten in the first place.

 

john

[RaeUK]

Hi davina,

The Tribunal Service are completely independent of the DWP and JCP. There are no tricks involved. You are appealing against a decision that was made on xyz date, therefore the Tribunal can only look at events up to and including xyz date. If you have got worse since then that would be a seperate issue and not one the Tribunal could possibly consider.

In my Tribunal, the medical 'expert' placed a lot of emphasis on the ATOS report and we covered it almost line by line. If you think it is wrong in anyway make sure you have sent in your view and any evidence to support it...

Best wishes

Rae

[cbbc]

Hi, The DWP also send you a copy of your original ESA50 that you filled in when you first claimed.

In my tribunal they asked a lot of questions about my answers on that form as well as the ATOS report. If you say you cannot walk 50 metres for example, they want to make sure you know how far 50m is. I was asked how I got from the car park and if I had to stop on the way and if I had to stop on the way to the office once I was inside.

You are a bit thrown by the questions if you are unsure but they do give you time to explain and answer. The reason I was questioned about this one item so much was because in the ESA50 form I had written 'not very far' on the question about how far I could walk. Most of my answers on my ESA50 were like that as I did not realise how important the ESA50 was going to be.

Edited May 31, 2010 by cbbc
spelling

[Simon7685]

So if you state on the ESA50 that you cannot walk 50 metres and are in receipt of high rate mobility of DLA, would that not be a straight forward pass on that part of the assessment? Sorry to sort of hijack this with my own question but I am going to have to go through this very soon like a lot of people and am quite unsure about what to expect.

[cbbc]

Hi, sorry I dont know. I had an industrial injuries medical that contradicted the ESA medical (it was even by the same doctor) but when I asked the DWP about it they said that the medicals were different and that people who claim Industrial Injuries could be awarded the benefit but still work. I believe that people on disability can still work in some cases so I would expect it would depend on if they think you are capable of some type of work.

Edited May 31, 2010 by cbbc

[45002]

So if you state on the ESA50 that you cannot walk 50 metres and are in receipt of high rate mobility of DLA, would that not be a straight forward pass on that part of the assessment? Sorry to sort of hijack this with my own question but I am going to have to go through this very soon like a lot of people and am quite unsure about what to expect.

 

Think the simple answer to that is NO you would not get passed in the eyes of ATOS

 

Have a read of this BBC - Ouch! (disability) - Messageboard Ouch! Talk - ATOS asked me to leave their office today, because I was in a Wheelchair!

 

I am currently appealing against an ESA and DLA claim. ATOS have deemed me fit for work, despite not being able to get anywhere without a wheelchair!

 

ATOS are after everyone

 

The only way of passing,is if your terminally ill or having treatment for Cancer chemotherapy or radiotherapy even then from what i read ATOS still check up to make sure people are not lying..

[derbypub]

Hello.

 

My wife goes for her appeal tomorow for ESA (THURSDAY).

 

After reading the last posts we are a little worried.

 

2 year ago my wife started with servere back pain and pain in her hips, she carried on working but the pain was so bad she could hardly walk, she had a lot of time of work and was paid stat sick pay and eventualy was layed of after they seeked a medical report from the doctor, the actually by this time had diagnosed her with osteo arthritis of the spine and hips, with the pain she was getting really dizzy and almost fainting it was so bad.

She then applied for EESA and she was put onto the assesment rate after only 7 week she was asked to go for a medical, they had her doing a few moves but the pain was so servere that she halted the assesment because my wife was in so much pain she was crying.

We got a letter about a week or so later stating she was no longer eligable for esa we was so mad and appealed streight away.

The reason we are a little worried is, my wife is a lot lot better now regarding her back and hips because of the medication.

 

BUT...... the day before the date the appeal was loged my wifes condition got to a serious and dangerous stage, the dizzy spells that she was experiencing were not because of the pain but some thing more sinister, she started collapsing, she would be talking stood at the side of you and the next thing she would be on the floor.

 

She had a few of these collapses and is under 3 consultants including a neurologist dr rauvala, they ended up diagnosing her with syncope (virtigo)

She had more colapses and while they were investigating found she had ADDISONS DESEASE, as far as i know about this disease is your adrnal gland dosnt produce enough addrenalin to protect your body, in a nut shel you body defences have broken down and now she has to take steroid tablets to help her.

She also has low blood presure.

And now she has started with Epileptic fits.

 

Right if she loses her apeal upto the xyz date then what happens from when she started to collapse.

 

Medical ...... 1st july

Date of decision ......26th july

Date decision Notified....... 9th august

Date appeal received.........23 august

date of reconsideration......5th october

 

Date of 1st collapse and hospitalised 8th August (got proof and sent a copy with the appeal)

 

If we lose can i claim from 8th august.

[derbypub]

Won, only took 10 mins.

[honeybee13]

Won, only took 10 mins.

 

Brilliant news, well done. I know what a relief it is.

 

My best, HB

[doktorjohn]

Great news; Atos proved wrong again.

 

Well done.

 

- dj

[derbypub]

Only 2 there, a doctor and a judge (so to speak).

 

Judge said to my wife " we appolagise for you being here and putting you through this unnesasery stress, we can see from just glancing through your proof of illness that you was and still are a very poorly lady, this is dotor Heep and just take your time and answer the questions the best that you can, "

 

Doctor asked 2 questions and basicly said " right enough is enough, please just wait in the waiting room , "

 

Before we could sit down a gentlman shouted us back, we entered the room and judge said "dont bother sitting down, this was the easyest decision we have had to make in a long time Mrs ------- we both hope you get well soon and dont worry we do have some good doctors in this country you know ( smilling at the same time).

 

I was extreamly surprised at there attitude to the whole process, very very human and anyone who does go to one of these hearings my addvice is dont worry they are extreamly fare.

[Nystagmite]

Brilliant!

 

It's mad, given what you've said, that you were denied ESA in the first place.

[poohbear3010]

i didn't know how many tribunals there is it seems that this atos is an utter shambles which also costs more money in the long run,i have been suffering from server depression for a long long timei had a medical last january was put in the support group,had another in august last year condition had got worse meds upped ect in october i applied for dla awarded lower rate from my answers and esa medical 4 days later placed in work related group i am now waiting for my appeal not sure when it is but my health is suffering more and more worrying about all this.To me it seems that something needs to be done to atos,there will always be appeals but seem atos is making big mistakes by either not putting correct info on or false good luck to everyone who as tribunals x

[doktorjohn]

To me it seems that something needs to be done to atos,there will always be appeals but seem atos is making big mistakes by either not putting correct info on or false

 

Something does need to be done to Atos, they should lose their contract to lie for the DWP.

 

Protest groups are "trolling" them and demonstrating in various ways but to no avail so far.

 

Atos can't even blame the ESA software because incapacity benefit claimants (like myself) are suddenly given 0 or 2 points after years of getting 18 to 25 or so points.

 

They have a license to kill (or maim).

 

- dj

[derbypub]

Read this some where and tried to find it to post a link but i couldnt find it but i am near sure these were the figures

 

 

Not sticking up for Atos but they fail at least 95% of Medicals 60% apply for appeal

 

10% actually turned up for appeal

 

So 85% of claiments were apparently failsly claiming.

[Life-Goes-On]

Read this some where and tried to find it to post a link but i couldnt find it but i am near sure these were the figures

 

 

Not sticking up for Atos but they fail at least 95% of Medicals 60% apply for appeal

 

10% actually turned up for appeal

 

So 85% of claiments were apparently failsly claiming.

 

You need a link; I don't believe those figures.

[derbypub]

Hey, im with you, i dont believe them either.

 

Knew i should have fount it first.

[Star of Babylon]

i didn't know how many tribunals there is it seems that this atos is an utter shambles which also costs more money in the long run,i have been suffering from server depression for a long long timei had a medical last january was put in the support group,had another in august last year condition had got worse meds upped ect in october i applied for dla awarded lower rate from my answers and esa medical 4 days later placed in work related group i am now waiting for my appeal not sure when it is but my health is suffering more and more worrying about all this.To me it seems that something needs to be done to atos,there will always be appeals but seem atos is making big mistakes by either not putting correct info on or false good luck to everyone who as tribunals x

 

From what I can gather the staff at ATOS are not medically trained in any case. I was told, after 3 appointments broken by ATOS, that I didn't even need a medical (am on higher rate DLA for mobility) but have still been put in work related group for ESA.Whole thing is a shambles.

[honeybee13]

From what I can gather the staff at ATOS are not medically trained in any case. I was told, after 3 appointments broken by ATOS, that I didn't even need a medical (am on higher rate DLA for mobility) but have still been put in work related group for ESA.Whole thing is a shambles.

 

Hello and welcome to CAG.

 

A far as I am aware, Atos assessors are health care professionals [HCPs] who can be doctors, nurses, physios etc. They've also been through a not very long Atos training course which is supposed to enable them to assess whether people are fit for work or not.

 

This thread is a year old. If you have any specific queries on your own case, I'm sure the guys will try to help you, but please start a new thread.

 

My best, HB

[doktorjohn]

If they are" professional", they often are not qualified to diagnose the type of disability they are dealing with.

 

"Neil Bateman, a solicitor who handles ESA appeals, said on two occasions his clients had been successful because, among other reasons, the doctor assessing them had qualified in Romania and registered with the GMC but had not been licensed to practise in Britain."

 

http://www.guardian.co.uk/politics/2011/aug/13/atos-doctors-improper-conduct-disability

[Nystagmite]

But they're not there to diagnose you. Their job is to assess whether you're fit for work.

[doktorjohn]

True. And that's why people who are debilitated are being assessed as fit.

[count orlok]

But they're not there to diagnose you. Their job is to assess whether you're fit for work.

 

I think you made a slight error there (putting in an extra word), did you not mean to say "Their job is assess you're fit for work".

[citizenB]

Benefit help, have unapproved your post until the links can be checked. We do not permit links to commercial sites - so if these prove to be so, the post will be unapproved permanently