ESA appeal sent to tribunal

icantsurf

I had a medical assessment back in August... I was scored 0 points, but in the letter I received they told me I had conditions I did not (A stoma). So I appealed saying the conditions didn't correspond to my own... but didn't comment on the outcome as I couldn't be sure it was accurate.

I just received a letter that says they stand by their decision and it will be sent to tribunal. I have a couple more questions...

• Will I be required to attend the tribunal? In my appeal I wrote I hadn't arranged for anyone to attend on my behalf.
• Would it be possible/useful to add a more detailed argument? In the paperwork they have sent me, much more detailed this time, there is no mention of the stoma and the score box for the stoma is left blank.
• I've also started seeing a new specialist, is it too late now to list him as one of my doctors?
• Will the tribunal contact my the doctors I have listed, or should I get them to write a statement?

Thanks

healy

icantsurf wrote: »

I had a medical assessment back in August... I was scored 0 points, but in the letter I received they told me I had conditions I did not (A stoma). So I appealed saying the conditions didn't correspond to my own... but didn't comment on the outcome as I couldn't be sure it was accurate.

I just received a letter that says they stand by their decision and it will be sent to tribunal. I have a couple more questions...

• Will I be required to attend the tribunal? In my appeal I wrote I hadn't arranged for anyone to attend on my behalf.
• Would it be possible/useful to add a more detailed argument? In the paperwork they have sent me, much more detailed this time, there is no mention of the stoma and the score box for the stoma is left blank.
• I've also started seeing a new specialist, is it too late now to list him as one of my doctors?
• Will the tribunal contact my the doctors I have listed, or should I get them to write a statement?

Thanks

You do not have to attend the tribunal but your chances of success are usually increased if you do attend.

It is also best to send a detailed submission before the tribunal.

Any further evidence you can provide is likely to help your case.

The tribunal are not likely to contact your Doctors before the tribunal so it would be best to get any evidence yourself.

TheTARDIS

Could there have been a mix up with yours and somebody elses medical examination results?
I'm sure if you had a STOMA - you should be more than be aware of it?


In the meantime, whilst you are appealing via the Tribunal, I would ask for a copy of the medical report from the DWP carried out by ATOS and double check it for any inaccuracies.

And don't forget to make sure you are continuing to get your ESA entitlement at the assessment phase rate (basic) whilst your appeal is in operation.

All the best!

jennilb

Hi

I'm in the same position to an extent - I got 0 points on my medical (end of October) and yesterday I submitted my appeal. I think it depends where they talked about the stoma as to whether you include that as part of your appeal.

When they sent me the letter showing how I had got 0 points and the statements about me having no problems leaving the house or whatever, mine also referred to me having a stoma (apparently I'm coping well with this imaginary stoma though, so that's good!). But that sheet seems to be a standard sheet for 0 points, I assumed they had sent the wrong one.

I asked for a copy of the medical report and, although its inaccurate in lots of ways, it was about me and didn't mention the stoma.

I hope this helps

Jenni