ESA tribunal next week

[BettieBoo]

I did send in a document arguing why the atos was wrong etc, I'll need to read through it again as it was so long ago that I wrote it.

I hadn't read the thread but I'm going to have a look through it now

[Nystagmite]

I'm even worrying about what to wear, when.I attended my atos they said I was extremely smart dressed when in reality I was wearing jeans and a jacket.

 

Personally, I would wear what I would normally do. You don't need to make an effort. They don't care what you look like.

[BettieBoo]

Just a quick question prior to my tribunal, my medication has been changed and an increased dosage given, can the tribunal panel take this into account as it states a different medication on my atos report

[honeybee13]

Hello there.

 

I think it's worth mentioning, but I believe the tribunal base their decision on your state of health on the day of the Atos assessment.

 

Have you read the forum sticky about appeals and tribunals with a draft template that you can adapt and submit to the tribunal?

 

My best, HB

[BettieBoo]

Would I need to take/send anything else in? I've got supporting gp letter and sent in the for about disagreeing with the decision. My medication was only changed this week but I will bring it along anyway. To say I'm dreading it is an understatement!

[honeybee13]

Hello again.

 

I'm not sure what you sent in your letter, but this sticky is based on my own submission to the tribunal.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%281-Viewing%29-nbsp

 

My best, HB

[BettieBoo]

Oh yes, I actually had a look at that template before I wrote my appeal letter off. I went into detail about each specific statement/point the Atos examiner made & why I disagreed with them etc & pretty much said that the decision made was wrong & then sent in a supporting letter from my GP stating I am unfit to work.

At the tribunal is it basically the panel going through the atos form with me & giving me my chance to tell them about what I thought was wrong or anything that was missed out? I want to be a little prepared about what to expect, I know each tribunal is different but just wanted an idea of what sort of things i'd be asked.

I have mostly read online though that is just a general chat about your condition, your daily activities & how your illness affects your life etc.

[RaeUK]

Both ESA Tribunals I attended were pleasant, easygoing and informal. Both panels had a GP as the medical representative and each time we went through the ATOSH 'medical' report and my ESA50. Differences and errors were discussed and plenty of opportunity for me to present my case. Their role is not to interrogate you but to assess what your condition was like on the day of your WCA and see where they can award you points. As long as you have read the ATOSH report, your ESA50, made notes of differences and untruths, then you're ready to go. Best wishes for it.

[BettieBoo]

Thanks will keep you posted

[BettieBoo]

just a quick update,

I won my tribunal I didn't get as many points as i;d anticipated but enough for me to pass & I got put into the WR group. It did say something about not assessing the appellant for 18 months. Does this mean I won't have to attend a medical until then? it sounds too good to be true so I won't be holding any hopes up for that. It is bad enough having to go to a tribunal but then even worse knowing you've won but won't be allowed the time to get better due to the dreaded atos medical making you go round in circles again.

[gordies]

with any luck they will leave you alone BUT be warned, they might ESA50 you 18 months after the original decision was made as any tribunal decision is from your original claim date, not today.

 

however, we can hope they now leave you alone for another 18 months

 

well done !!

[worried33]

most likely the 18months will be from the original decision date, but there is a chance you may get lucky.

[geordie boy1960]

Hi, a few years ago i also had to attend an appeal over my depression. I went to court and sat in front of a retired judge and medical proffessor. The first thing the judge said was "The law really doesnt come into your claim" and all you have to do is prove to us that you were ill at the time of the medical assessment with ATOS.

My reply to the judge was simply this... Under section 2 of the health and safety at work etc act of 1974, i had a duty under the act to disclosed anything that may "by act or omission" affect the work i would normally do. I then pointed out that if i were to disclose this to a prospective employer they could not employ me if the could not satisfy themselves that my illness would not affect the work. (would you take that chance). I also stated that as an electrician I had to prove that under section 15 of the electricity at work regulations "I was competant to carry out any work given to me and that I could not state that i was. After a few more questions i sat outside the court for a few moments until called back in to hear there decision, which was found in my favour.

Although i cannot say that using the laws as i did might help with your claim, it is certainly worth looking into.

 

hope this helps and hope you get well soon, Dont let the bastards grind you down

Edited October 21, 2012 by geordie boy1960
missing instruction

[abc123def]

geordie boy, you have replied to and are talking to people who posted on a thread over two years ago so I would hope they are sorted by now.

 

I'm very surprised you won actually as the Tribunal doesn't need to ascertain whether or not you are able to do your normal job, just any old job and if you can get out of the house and push buttons they assume you can very often.

[Thomas kirkpatrick]

Hi

 

A few of you will remember from a few months back when I posted a thread on advice about appealing against my ESA decision.

 

A few months have passed & I got the dreaded tribunal letter today:sad:

They said they have not revised my decision & I am fit for work.

 

The stress of this whole thing is so bloody unexplainable. I'm still trying to get my head around how they think someone that suffers from severe depression, anxiety, doesn't go out the house much etc can actually be deemed well enough to work!

 

I've been struggling with my illness over the last few months, mainly with the worry of all this & it causes me such stress!

 

I dreaded this letter coming through but knew it was going to. I was wonHidering what advice people who have been to tribunals could offer me. I sent off a doctors letter as well as my appeal originally and was turned down so now I need to build a stronger case. I'm not giving in because that's exactly what the DWP want me to do. Sign on to jobseekers & in a way admit defeat & that I'm not really ill as I'm actively seeking work.

It's such a difficult situation for me as I have no other income and rely on this benefit, and now I have to get doctors notes up until the tribunal:-|

 

Any advice that could be given would be greatly appreciated as I have no experience with this sort of thing & feel at my wits ends!!!

 

Hello,look up ESA section 29 and print it off .Take it to the docs and consultant if you have one,ask for a letter verifying how you are affected by this section.I got one from both doc and consultant,only a few lines from each and gave them to the panel ,they called me in and gave me the decision.no questions,I was in less than one minute.I like yourself worried myself about this for months and did not know how simple it was till a friend pointed out section 29.give it a go all you have to do is satisfy that section and it's all over.good luck....ps I scored 0 points first time.

[abc123def]

Again, Thomas you have responded to a thread that was written in 2010. Also it was about a Tribunal decision, which can only be appealed on a point of law so your response would not be relevant anyway.

[semayden]

Hi, I have my ESA tribunal next week, and this is my second time around the wheel. I don't hold out much hope, so would like to check whether I have understood the procedure should I fail tribunal again! Am I right in thinking that:If I fail to gain 15 points at tribunal, I have to reclaim ESA within a couple of days following?Having done that, I wait to hear of date for Atos medical.If fail to gain points there, DWP will write to tell me this, and I have 21 days in which to reply and say why I think Atos wrong.Then DWP inform me of their decision on that, either agreeing with me (ha ha) or saying that I will be referred to Tribunal - and a copy of Atos notes etc will be posted to me and tribunal clerk.Then I sit tight and wait to be informed of next Tribunal date!Please can you tell me if I have I got the steps right?!P.S. My next ESA payment is due to be paid into my bank several days after the tribunal. Will I get that one as normal? Thanks.

[Nystagmite]

P.S. My next ESA payment is due to be paid into my bank several days after the tribunal. Will I get that one as normal? Thanks.

 

Your ESA is paid in arrears; so you'll get it as normal.

[BettieBoo]

Hi everyone;

I’m a returning member and am looking for advice regarding the dreaded work capability questionnaire that’s just come through the post.

I knew it was looming as it’s been some time since my last one.

I last had a tribunal in 2012 which I won and was placed into the WR group.

 

My illness hasn’t changed and I’m on new medication since the last appeal but since it’s been so long I feel out of my depth again.

I have 4 weeks to send the forms back off and would really appreciate any help, advice or guidance.

Anxiety is now through the roof, as expected

[dx100uk]

for sake of full history of you and esa

I've merged numerous threads for the story

 

dx

[reallymadwoman]

I'm sure I posted a reply yesterday with links to the descriptors etc, but it seems to have disappeared?

[honeybee13]

Hi RMW.

 

I can see you posted on the thread before it was merged, but I can't see the post either.

 

HB

[reallymadwoman]

I'm reassured that I wasn't imagining things anyway - if it doesn't reappear I'll try to repost in a day or so.

[BettieBoo]

I'm reassured that I wasn't imagining things anyway - if it doesn't reappear I'll try to repost in a day or so.

 

Thank you for your replies so far guys, I know I’ve been through this process before but I know a lot of things have changed since I last appealed etc. I feel a bit out of my depth all over again and clueless as to what to do. Just thankful I’ve got a little bit of time to get things together before I have to send the questionnaire off.

[honeybee13]

Have a read of the forum stikky, Bettie, it should help.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

HB