Lost ESA Tribunal - help advise

[dajackel12]

Hi,

 

I'm wondering if anyone can advise me on what to do after losing an esa tribunal, The tribunal was for my father and I've given a history of whats happened so far below,

 

My father's had back problems for many years now and it's been really bad recently. He started claiming ESA roughly 2 years ago and had a ATOS medical which in which he scored 9 points (2 years ago), We appealed that decision and our GP advised us to apply for DLA. The DLA claim was accepted after evidence sent in by Doctor and the previous ATOS medical, he receives Higher rate mobility and Lower rate care component.

 

While waiting for a tribunal date at around Jan 2011, we received a letter stating the appeal has been succesful and he was backdated his payment (without going to the tribunal). Then he had another ATOS medical in July 2011 in which they awarded him 0 points. We appealed that again and we went to the tribunal yesterday (over a year after original decision) and they agreed with the original ATOS decision. We are devasted as we do not know what to do now, My fathers condition was really bad then and it's only got worse.

 

He's got spinal stenosis and is currently of Oramorph, He's had facet injections in his back which did not help and the doctors said the only other option is surgery but they do not recommend this as it's risky.

 

I wanted to ask what would be the next step? Is it a case of starting a fresh ESA claim and sending in fit notes? Also would this tribunals decision affect his DLA as he is still receiving this?

 

Any advise would be great.

[dajackel12]

Also I wanted to say that at the Tribunal they did not even go through the descriptors, they talked with him generally about his work history etc. It lasted about 20 minutes and I really thought they weren't asking because they've already looked at it and over ruled the DWP but in the end they refused the appeal.

 

really shaken up and any advise would be great.

[SWLABR9]

Reapply immediately for ESA. Get a fit note from your doctor. It's odd the tribunal went against you but without further information I couldn't hazard a guess as to why.

[dajackel12]

Thanks for the quick reply,

 

Can I reapply today or do I have to wait for the DWP to send me a letter stating my benefits stopped before I can reapply?

 

Thanks again, really appreciate it.

[abc123def]

This is where the ATOS assessment falls down, someone like your father who is clearly not well enough to work may not meet the descriptors. How far can he mobilise independently? What pain is he in doing this? This the descriptor he is most likely to meet and your new application needs to focus on that. Trouble is if he is fine in a wheelchair that will go against him, the system is not fit for purpose.

[SWLABR9]

The system does what it's supposed to do, chuck deserving people off benefits. This is war in case you hadn't realised. OP, you should reapply for ESA ASAP as it could be an eternity before you hear officially from the DWP. Get the fit note first thing and backdate it to the date of the decision.

[dajackel12]

Hi, Thanks for the reply,

 

I was really surprised by the decision, My father can walk about 30 - 40 metres, then he needs to sit down for a while before he can continue, His pain is constant throughout the day, he can't stay seated also for more than 20 - 30 minutes without having to standup/lay down. He explained this to the tribunal who then asked - if he could sit down for 20 minutes in front of a table and slowly do some packing (his previous job), He explained that he would be able to sit for 20-30 mins while having pain then would need to walk slowly or lay down then and when rested he can sit again. They weren't interested they just repeated the question and that was as far as they asked about his ability to work.

[dajackel12]

Thanks for the advise, We'll go to the GP tomorrow for the fit note and request the form to reapply.