Won ESA appeal

[Marianne7]

Hi, Have just today WON my appeal against the decision in June 2009 to stop my ESA. I'm not sure why this has taken so long (I suspect my papers were lost and then suddenly turned up). Fortunately I was able to keep receiving ESA while waiting for the appeal, and in March 2010 I went on to JSA.

 

So today, as I said, I won the appeal and this has pleased me so much. I won't get any more money, but just because the ATOS medical was so ridiculous, I feel that sense has finally prevailed. My sickness was due to stress and severe depression. Questions I was asked: "What is the name of the Prime Minister?" (Gordon Brown) "Who is the President of the United States?" (Barak Obama) "Can you spell WORLD backwards?" (YES!!!!). These were the same questions that were put to my 90 year old mother to assess her for Alzheimer's. I was never asked about how the depressive state affected me in my daily life, or how I felt. When I asked if I could tell him these things he just said "we'll get to that later", but we never did, and in the state I was in I wasn't able to assert myself, as I might have done.

 

The doctor and the judge at the appeal today said I had given a perfectly reasonable and understandable account of what was happening to me. So good news for me personally, but also that these ATOS decisions can be turned round, and to encourage anyone wondering what to to, it IS worthwhile appealing.

[Nystagmite]

It's nice that you won your appeal. But over 2 years for it to be heard? That is madness.

[Marianne7]

Yes, well I'd forgotten about it, to be truthful. In October 2009 I was hospitalised for 3 weeks, and then stuck at home with an infected wound, in March 2010 I took my employers to a tribunal for constructive unfair dismissal (because of problems at work which lead to my depression), and at the end of March 2010 I went on to JSA (my decision). Because ESA was paid as soon as I put in an appeal, I didn't lose money (I don't think, although it was hard to keep track) and because so much else had happened, I had really forgotten the appeal.

 

As I said in my post, I suspect all my documents got "lost" in the system and they only just "found" me again!

[ANDYANDFLO]

I'l beat that one!!

 

Put in a claim for Industrial Injury Disablement Benefit in Sept 09. Had a medical, told that yes I was suffering and that yes there is no doubt that what happened was terrible, but because the ATOS 'doctor' said that he had never heard of some of my medication being used for that purpose, presupposed that what I was suffering from then (09) had nothing to do with the original matter. Errr my pyschiatrist had put me on the medication BECAUSE of what happened!

Lost the reconsideration in Jan 10 then appealed. Heard nothing more until yesterday when they rang me up asking if I still wanted the appeal to go ahead after all this time?

OK, they are now putting the submission together for the Tribunal!

 

Should have a hearing date in maybe June 2012!!! (there is currently a 10 month backlog as per the Tribunal Service in Sutton).

[Marianne7]

Hope the people at your tribunal are as sensible as the ones I had. Good Luck, next year!

[leemack]

Surely you'll get the back pay from the wrag or support component?

[ANDYANDFLO]

Surely you'll get the back pay from the wrag or support component?

 

Sometimes it has nothing to do with what 'cash' you get out of it. To some, like me, it is more important to be found to be truthful and that the DWP got it wrong. That is compensation enough - just to know that the DWP could not do their job well enough to make the right decision in the first place.

[Marianne7]

That's exactly how I feel, ANDYANDFLO. Although still have lots of probs (no job, about to reach retirement age, endless financial difficulties) the most important thing to me was that both the doctor and judge said that I'd given an entirely reasonable description of how I felt and how I was affected at the time. With all that has happened since the original medical "assessment" (being in hospital and quite ill for several months, followed shortly afterwards by an employment tribunal, brought by me, caring for my father, and then his death at the end of last year) I've found it hard to keep tract of finances - it may be that I am owed maybe £200, but still the most important thing for me is that I feel somewhat vindicated and that's also important to the way I feel.

[Marianne7]

Hi everyone. Last Friday I posted that I'd just won my ESA appeal after "failing" the ATOS assessment in June2009. Am still unsure why it took so long to come to the tribunal. I was in rather a bad state mentally in mid 2009, but wasn't directed to go into any "group". I put in an appeal (although I don't think I did that immediately after I got the decision). I continued to get ESA after a while, but my understanding now is, having read lots of info on this forum, that, if one is awarded 15 points then you do get a higher rate of ESA. Am I correct in thinking this? So therefore presumably now that the appeal tribunal has said I should have had 15 points at the assessment in June 2009, I would be due some backdated payment?

 

As I said, I've now won the appeal and have been trying to make contact with ESA to see if I am due to have any paid to me from that time (I went on to JSA in March 2010). For 3 days I've been calling ESA office and just cannot get trhough; either the voice says they are very busy and to call again later, cutting the call off, or I'm told to hang on and left waiting for 45+ minutes, at which time I hang up. This afternoon I called at 5.25, hung on until 6pm, when the voice then told me the office was closed.

 

My question is: does anyone know if any payments due will just be sent to me, or do I have to apply for them? If I do have to apply is there any other way of applying, other than by phone?

 

When I was at the jobcentre yesterday they tried to look on my record but it was unclear to them and they advised me to call ESA. Thanks for any advice anyone can give. And thanks in general to all the great Gaggers for the advice given on this forum.

[ErikaPNP]

You don't need to apply for them. Payment will be backdated to the date of the decision and issued to you. It can take anytning from 2-6 weeks after the appeal decision for this to occur.

[Marianne7]

This morning the back payment of ESA has appeared in my bank account. Am very relieved that this finally draws a line under an unhappy and difficult time, and TWO YEARS since my original ATOS assessment.

 

After several calls to try get this money quickly (financial situation desperate) it seems the notification finally reached an assessor 4 weeks less 1 day after I won the appeal. I haven't had a letter with the breakdown details but the amount I received tallies with what I thought I was owed.

 

Thanks to all for help and comments, and good luck to all who are still struggling with this process.

[Nystagmite]

You may get a letter in the next week or so.

[chris t]

so glad i come i come accross this website as it has helped me a great deal in prepairing for my esa appeal (thank you everyone)...anyhow i won my appeal 2 week ago, the judge and especially the doctor were brilliant and totally understood my problems so why on earth did the women at the medical decide after 20 minutes that there was nothing up with me and tried making me look like a liar...the judge told me i would get my money backdated as i have been on basic esa for the last 13 month just hoping it comes in time for christmas, probally not though as i was told today that it is at a decision maker and would take 4-6 week...anyway once again thank you everyone who has posted all the helpfull information on here and good luck to anyone who is in the same position as me

[chris t]

hi

im in the situation you was in just waiting for the backpayment...ive been on basic esa for the last 13 month, will i get it the payment backdated that far back

[honeybee13]

hi

im in the situation you was in just waiting for the backpayment...ive been on basic esa for the last 13 month, will i get it the payment backdated that far back

 

Hello there. I thought it was backdated to week 14 of your claim after a successful appeal, unless someone knows more detail than that.

 

Well done on the appeal.

 

My best, HB

[Marianne7]

That's what happened with me, HB ~ backdated to week 14. Good luck, Chris t.

[chris t]

hi

so it will be 13 month minus 14 week...i think thats also what the citizans advice said to me in the letter he sent me...i have that much paper work i sort of lost track of what was happening (thank you)

[LashieLand]

Hi,

Hope someone can help??

My mum is appealing against the decision to stop her Esa for a injured wrist. She failed her ATOS assessment (she scored 0 points??) and then proceeded to a tribunal with the HM Courts and Tribunals service. Today she and I (I'm her representative as well) have received a Secretary of State's Supplementary Submission which states that there are no grounds to review the decision. It also says there is no change in her payments whilst she is waiting for a appeals date. Can anybody give us a bit more info about what this is and what it means??

Many Thanks,

H

[honeybee13]

Hi,

Hope someone can help??

My mum is appealing against the decision to stop her Esa for a injured wrist. She failed her ATOS assessment (she scored 0 points??) and then proceeded to a tribunal with the HM Courts and Tribunals service. Today she and I (I'm her representative as well) have received a Secretary of State's Supplementary Submission which states that there are no grounds to review the decision. It also says there is no change in her payments whilst she is waiting for a appeals date. Can anybody give us a bit more info about what this is and what it means??

Many Thanks,

H

 

Hello there. It might be better to start your own thread here for specific replies to your own problem. Let us know if you don't know how to start a thread .

 

My best, HB

[LashieLand]

Thanks, I'm not sure how to start a thread, I only joined today.

Thanks

H

[honeybee13]

Thanks, I'm not sure how to start a thread, I only joined today.

Thanks

H

 

OK. Come out of this thread using the back arrow; this takes you to the forum front page with all the thread titles. Then scroll up past the greenish-yellow stickies until you see the Post New Thread blue button on the left hand side. Then copy and paste your post . You'll need a title as well.

 

My best, HB