Tribunal about my ESA

healy

andyandflo wrote: »

Ho o wise one, I wonder if you could tell me what the minority have problems with at the hearing.
Thanks just in anticipation that I don't fall into that trap!

What I mean by that is that it is possible for the tribunal to make errors in law but this is rare compared to the amount of tribunals heard and can be appealed against.

andyandflo

Thanks Healy, so it's not how the evidence is presented etc. Right and that decision can then be challenged at the higher Tribunal. Thanks for clearing that up for me.

clem127

can anyone help me....
i won my E.S.A tribunal last thursday and not shore what happens now... please can somke one help

MichalaPotts

My tribunal is today (13 miles away & I don't drive). But I am too terrified to leave the house to go.
The hearing will be heard in my absence but at the medical stage I got 0 points despite the fact that my qualified G.P. knows I am not fit for work.
It is over a year ago now since I claimed for ESA.
I was supposed to 'support' my appeal claim but didn't know how to I don't know who I can trust to help me.
I've had 1 councelling session a couple of months ago, but when the counceller touched me, it freaked my out & I haven't been to see him since. So I couldn't ask them for a supporting letter. I find it exceeding difficult to talk to strangers face-to-face or even on the phone. I don't go out only to see my GP (which I get a taxi there & back).

I was assaulted by three men last year while walking home minding my own business.

I was suffering Anxiety & Depression as a result of the attack but went straight back to work as usual. But then 5 weeks later I also got PTSD. I had to give up work.

I am scared that the appeal will go against me and I will be forced to go back into the public domain. Please help.

Michala

dmg24

Michala, have you submitted any supporting evidence for your appeal? On the information given, I would expect to fail. You really needed to look into these weeks/ months ago, not on the day of the appeal.

amus

MichalaPotts wrote: »

My tribunal is today (13 miles away & I don't drive). But I am too terrified to leave the house to go.
The hearing will be heard in my absence but at the medical stage I got 0 points despite the fact that my qualified G.P. knows I am not fit for work.
It is over a year ago now since I claimed for ESA.
I was supposed to 'support' my appeal claim but didn't know how to I don't know who I can trust to help me.
I've had 1 councelling session a couple of months ago, but when the counceller touched me, it freaked my out & I haven't been to see him since. So I couldn't ask them for a supporting letter. I find it exceeding difficult to talk to strangers face-to-face or even on the phone. I don't go out only to see my GP (which I get a taxi there & back).

I was assaulted by three men last year while walking home minding my own business.

I was suffering Anxiety & Depression as a result of the attack but went straight back to work as usual. But then 5 weeks later I also got PTSD. I had to give up work.

I am scared that the appeal will go against me and I will be forced to go back into the public domain. Please help.

Michala

Im really sorry to hear of your experience, however, as DMG said you do need to provide evidence in support of your case. Do you not have a case worker who you can appoint to help you?

MichalaPotts

Hi There - and thankyou for your replies. I have been advised to move this to the benefits topic & start a new thread. I will respond on there.

Michala

ANGIEL123

I have my tribunal in 2 weeks time, waited 8months for it! Im wondering if i get the decision turned over & am entitled to esa, how long before the next medical, when they will fail me and i have to go through this whole nightmare again! Anyone got any idea? It seems to me that the government have employed atos to fail 99.9% of people! If this carries on i will end up going insane!!!

Muttleythefrog

ANGIEL123 wrote: »

I have my tribunal in 2 weeks time, waited 8months for it! Im wondering if i get the decision turned over & am entitled to esa, how long before the next medical, when they will fail me and i have to go through this whole nightmare again! Anyone got any idea? It seems to me that the government have employed atos to fail 99.9% of people! If this carries on i will end up going insane!!!

Hopefully you win your appeal. So prepare to make a clear case for the descriptors you think should apply... it's probably at a late stage now to be considering additional medical evidence.. but obviously if you can get medical evidence to support your claim that various descriptors applied at the time of the DWP decision then it wouldn't do any harm.

If you are successful then in future you will be re-assessed... in effect the Work Capability Assessment is applied again. How long it is before you get re-assessed depends on prognosis type information they have. And whether you are required to attend a face to face medical at a re-assessment depends on whether they feel one is necessary for fact finding.. they may conclude at such re-assessments that sufficient evidence is available to take a decision.

It could be worth, if successful at appeal, preparing to get in place medical evidence to support your future WCAs.. evidence you can use to try to influence the WCA in your favour and reduce chances of being called for face to face medical. If you fail at appeal I understand that as 6 months have passed since you got turned down then you will be able to make a new application for ESA (probably you'd need continued support of doctor with 'sicknotes' to qualify for assessment phase).

Good luck... and remember... it's all about those descriptors... which ones apply... the tribunal panel will be looking to take a decision on the descriptors according to the balance of evidence that is relevant at the time of the DWP decision.

ANGIEL123

Thank you for taking the time to reply. I have medical written evidence that i am worse off now than before surgery, this didnt seem to make any difference, they still turned me down for esa! I got esa last year for the same problem but turned down this year so it doesnt make sense to me. I think its disgusting that we have to really fight for what we are entitled to & wait soooo long! Even then, once u hav been to tribunal it is only a matter of weeks when you have to have another medical and be turned down again!! Nightmare!!!!!!!!!! I cant do anymore, i just have to go there, tell the truth, point out the facts and just hope they are humane enough to believe me! So stressful!