ESA tribunal appeal experience

[chrissya]

It's not only ATOS that lie as I have found the DWP out in many lies. Two DWP staff have told me to ask my GP for a sick note and a medical report. My GP has told me that the DWP request medical reports from him. One person from the DWP, who made me feel like the **** of the earth, said that the DWP never requested medical reports from GP's. Also, my sick note ran out on 28th January 2013. The DWP wanted the said sick note on 28th January 2013. I spoke to the DWP the previous week who told me to take the sick note to my local job centre which I did. I went to the job centre with the sick note and was told that I needed an appointment. I have since rung the DWP and asked them why I wasn't told that I needed an appointment and was promptly told that the question was irrelevant.

 

I have appealed the ATOS decision and have had the papers through saying that my case is going to tribunal. I am in receipt of the higher rate mobility component of DLA and I have been told that this counts as 15 points at the assessment. I have been told that the tribunal could take 12 to 16 weeks so I've just to wait.

[chrissya]

I know that the system has changed for the worse but I two assessments several years ago both of which were done by doctor's and I was deemed unfit for work. I had my ATOS assessment in November 2012 and was deemed fit for work in three months. They are definitely unreal.

[RaeUK]

With regard to GPs and Medical Report requests the DWP are actually both correct and incorrect. For ESA, it seems to be a rare event for a Medical Report to be requested. However, for DLA, it is far more common.

As for DLA HRM counting as 15 points for ESA, I suspect you have been given misguided advice. ESA is only concerned about how any illness or disability affects your ability to work. Whilst being in receipt of DLA might be a helpful pointer it doesn't preclude anyone from being able to work.

[Nystagmite]

Higher mobility is mainly for people who can't walk. The (well, some) ESA descriptors are about mobilising.

[RaeUK]

Quite so, I fully understand that. The point I was illustrating is that they are unrelated benefits awarded for different reasons. One will not automatically beget the other. ...

[liverbird37]

I am in receipt of high rate mobility, but it didn't make any difference to the outcome of my ESA assessment. I got zero points and had to appeal to tribunal.

 

The tribunal awarded me the points needed based not on my DLA award, but like others have mentioned, by how it effects my ability to work. My illness poses serious risks to both myself and others. I was questioned quite severely about this. It's most definitely not based on DLA award that's for sure.

Edited February 3, 2013 by liverbird37

[chrissya]

Thanks for your replies. The advice I was given regarding the HRM of DLA actually came from someone at the Citizen's Advice Bureau. Must admit though, the bod at the CAB seemed to be more for the DWP and ATOS than he did for me. Nearly walked out of the interview last Friday because he was so biased.