ESA re-application following a failed ESA appeal

[semayden]

Hello again. To find the stickies, come out of this thread using the back arrow on your browser. That takes you to the forum's front page with all the thread titles. Scroll up to the greeny-yellow area and that's where the stickies are. The Appeals and Tribunals one has my name on it.

 

My best, HB

 

Sorry, no luck. Can't see it anywhere. Can you link me? Thanks.

[honeybee13]

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

 

There you go. HB x

[semayden]

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

 

There you go. HB x

 

Thanks for that. Mind you, now I'm just scared that I won't be able to find my way quickly enough around my paperwork - before they get impatient with me!

 

Hope I sleep. Also hope they don't keep me waiting too long in waiting room or at tribunal. My doctor is going to ring between 4.30 and 5pm to find out how it went and to ask if he needs to leave another sick note at reception. My hearing is at 2.40pm.

[Nystagmite]

No I don't which is a worry.

 

I only have my doctor and councillor who can vouch for what is happening to me (and me) but from what I read they take no notice of us.

 

I am able to fill it in, and understand it, but just was asking if there is a right way and a wrong way. it only came today, and just the brown envelope freaks me out.

 

Thanks anyway.

 

Lilly

 

The right way, imo, is to give as much information as possible and never assume that because you have a certain diagnosis, this means you can't do a certain activity. You really must spell everything out for them and give examples.

[Lilly_Monroe]

The right way, imo, is to give as much information as possible and never assume that because you have a certain diagnosis, this means you can't do a certain activity. You really must spell everything out for them and give examples.

 

 

Thanks you, the problem is (well in my head anyway) is how do you put your depression feelings and how they effect you on paper.

I cried the other day when discussing my biggest achievement of the week, because it sounded pathetic - and I am ashamed of how I feel and how it makes me act (or not) sitting at at desk and speaking trying to tell someone or write it down I come across as normal I look normal. I have NO outward physical signs - you would have to live with me, to see how I do and do not function.

Do these people understand what 'my life has almost shut down' means.

 

I am so afraid I will fail.

 

Thank you for your help and advice.

 

Lilly

[honeybee13]

Do these people understand what 'my life has almost shut down' means.

 

Hi Lilly. Probably not, which is what Nystagmite is saying.

 

I would say you need to spell out how it affects you day to day. Maybe you can't be bothered to get out of bed, get dressed etc, maybe you can't face leaving the house..... I'm not saying you should make up symptoms, but if you tell them how you live most days, it should help to give them an understanding. But give examples, don't just give them generalisations.

 

My best, HB

[Lilly_Monroe]

Do these people understand what 'my life has almost shut down' means.

 

Hi Lilly. Probably not, which is what Nystagmite is saying.

 

I would say you need to spell out how it affects you day to day. Maybe you can't be bothered to get out of bed, get dressed etc, maybe you can't face leaving the house..... I'm not saying you should make up symptoms, but if you tell them how you live most days, it should help to give them an understanding. But give examples, don't just give them generalisations.

 

My best, HB

 

Thank 'you' HB, I will certainly give it my all.

 

Lilly

[semayden]

Tribunal decided not to overturn DWP decision - and decided not to award any further points etc.

 

My lawyer was gobsmacked! When we were told to go and wait for decision, she was smiling and saying she thought it had gone really well. We had proveded evidence of further descriptors and everything, and she couldn't understand how they threw them all out.

 

She considers that she may well be able to argue an 'error in point of law' but says I must wait until she requests and receives the written evidence for their decisions.

 

Meanwhile, my doc. immediately wrote out a fresh sicknote tonight, and I'll post that off and put in new claim (same condition) tomorrow. We are going to fight this thing

 

My worry is that I know I will get my next ESA which is due tomorrow - but don't know how long they will take to process this new claim, or whether they'll just run it straight on as it's for the same benefit and condition. Otherwise, I could be looking at running out of money completely...

[semayden]

Hallo? Where is everyone? Have I brought this thread to a standstill with my news, lol!

 

Made my fresh claim today. So, round the mulberry bush we go...

[honeybee13]

Hello again.

 

I'm sorry to hear about your tribunal, hope it goes all right with the new application.

 

My best, HB

[semayden]

Thanks HB

[RaeUK]

Hello, semayden, welcome to my world!

[semayden]

Hello, semayden, welcome to my world!

 

Hello Kelcou! How long have you been in the ESA twilight zone, lol?

[RaeUK]

Since August 2009. Two null pointers from ATOS, two failed Tribunals, third ESA application under way. On the plus side, I must be helping to keep somebody in a job ...

[frank_begbie]

Still waiting for a date for my Atos medical (my second one). Its been about 9 weeks now, since I sent the form in.

 

They must be snowed under.

[semayden]

Since August 2009. Two null pointers from ATOS, two failed Tribunals, third ESA application under way. On the plus side, I must be helping to keep somebody in a job ...

 

Lol, yes - but even so, living off 'basic rate' ESA is no joke is it? Anyone would think we did it for fun!!

[semayden]

Still waiting for a date for my Atos medical (my second one). Its been about 9 weeks now, since I sent the form in.

 

They must be snowed under.

 

I submitted a new claim on 6th Dec. and my Atos questionaire has already arrived! They don't waste much time do they. This time, my lawyer will fill it in with me...

[anime]

Lol, yes - but even so, living off 'basic rate' ESA is no joke is it? Anyone would think we did it for fun!!

 

Tell me about it I have been appeal rate for over 15 months , havn't been on this site for ages my appeal been postponed twise now and it no fun at all got wait end jan 2012

[semayden]

Tell me about it I have been appeal rate for over 15 months , havn't been on this site for ages my appeal been postponed twise now and it no fun at all got wait end jan 2012

 

Appeal postponed? Do you mean your next tribunal?

[frank_begbie]

I submitted a new claim on 6th Dec. and my Atos questionaire has already arrived! They don't waste much time do they. This time, my lawyer will fill it in with me...

 

Yes, they're quick to send out the form, but it looks like the waiting time for the actual medical is going longer and longer.

 

I'm wondering if things are that clogged up, that they're thinking, why have the medical at all, when they know what will happen, (just another appeal), taking up even more time and money.

[semayden]

Yes, they're quick to send out the form, but it looks like the waiting time for the actual medical is going longer and longer.

 

I'm wondering if things are that clogged up, that they're thinking, why have the medical at all, when they know what will happen, (just another appeal), taking up even more time and money.

 

I don't know. I think I was Atos viewed within the 13 week time frame - but that was over 7 months ago.

 

Would be great if we just missed the medical and had to work on another appeal (under advice). It would remove one farce anyway!

[anime]

Appeal postponed? Do you mean your next tribunal?

 

sorry for late reply heh xD well first time I was told cause lack evdience it will be over 3 months and wait for new date and welfare rights wasn't happy what doctor and judy was saying, second time i was send a letter say judy want change the date my welfare rights think it was because there was no doctor and now I have been wait for a over 3 months for jan 2012 which is my next date I have waited an extre 6 months so altogether I have waited now 16 months for my appeal what a joke and I have been on appeal rate for that long I doudt they backdate all 16 months still worried( hope you can read it I am dislexic) But good luck everyone oh next year I got 2 sugrys one for my eye and gall badder sign

[polo41]

Hi all

I failed my tribunal 7/5/13

Reclaiming esa but have another eight weeks on my sick note

That was put in before tribunal.

Do I have to put another sick note in with new claim.

[semayden]

Hi all

I failed my tribunal 7/5/13

Reclaiming esa but have another eight weeks on my sick note

That was put in before tribunal.

Do I have to put another sick note in with new claim.

 

Hi polo41, I think you do need a new sick note - because you are making a new claim. I would book an app. with your doctor just in case, and then ring your local dwp and check, or ask at your local job centre. Maybe someone more knowledgeble than myself will answer soon!

[antone]

Hi all

I failed my tribunal 7/5/13

Reclaiming esa but have another eight weeks on my sick note

That was put in before tribunal.

Do I have to put another sick note in with new claim.

 

Yes, you do need a new sick note with your new claim.