The ESA medical for people with anxiety and depression

CountryGuy

xXMessedUpXx wrote: »

Rang up and i'm still in the support group :j

Though i'll be called for re-assessment in september but at least its a few months of less worry

yea :-) I'm so pleased for you. Now you can relax :-)

bry66

just heard from tribunal that my case will not be set aside .

cit_k

bry66 wrote: »

just heard from tribunal that my case will not be set aside .

If you have asked for a set-aside, the next possiblity is to ask for leave to appeal, but you have to convince the upper tribunal that errors of law were made.

I was refused permission to have the case set-aside, but was granted leave to appeal and the upper tribunal ordered a new tribunal to be heard.

The whole thing, from medical to winning took about 2 years.

Im still waiting for the backdated payment.

Apparently its not uncommon for them to refuse to set aside a case, as the decision apparently is made by the people who made the decision in the first place, so they would have to admit they themselves made a mistake.

cit_k

xXMessedUpXx wrote: »

Rang up and i'm still in the support group :j

Though i'll be called for re-assessment in september but at least its a few months of less worry

Congratulations.

Did you ask for a copy of the medical report? If not I strongly recommend you do so, and keep it safe, as the DWP may lose all your records at some point.

Muttleythefrog

Yeah.. I think if you ask now for leave to appeal, unless the statement of reasons for decision by tribunal indicates other avenues... it could only likely be based on some failure of due procedure. Legal advice is probably needed. It may be a procedural failure were unable to present this evidence in time or do something to prevent the appeal going ahead without it. But I really am guessing here... legal eagle.. perhaps CAB or welfare rights likely needed if you intend to further pursue the tribunal outcome.

bry66

thanks cit-k,

i dont think i have any fight left in me the whole thing has been a nightmare for me and my family since december when i became ill.
im back at the jobcentre in the morning they told me in 2 weeks my 6 months are up and i could make a fresh claim for esa but when i spoke to esa today they said 6 months from the tribunal decision.
i will have to sign on to jobseekers and see if i can cope coz ive had no money now for 5 weeks.
thanks bry.

cit_k

bry66 wrote: »

thanks cit-k,

i dont think i have any fight left in me the whole thing has been a nightmare for me and my family since december when i became ill.
im back at the jobcentre in the morning they told me in 2 weeks my 6 months are up and i could make a fresh claim for esa but when i spoke to esa today they said 6 months from the tribunal decision.
i will have to sign on to jobseekers and see if i can cope coz ive had no money now for 5 weeks.
thanks bry.

DWP are lying, its 6 months from the date of the original decision.
Unless something changed recently.

Muttleythefrog

bry66 wrote: »

thanks cit-k,

i dont think i have any fight left in me the whole thing has been a nightmare for me and my family since december when i became ill.
im back at the jobcentre in the morning they told me in 2 weeks my 6 months are up and i could make a fresh claim for esa but when i spoke to esa today they said 6 months from the tribunal decision.
i will have to sign on to jobseekers and see if i can cope coz ive had no money now for 5 weeks.
thanks bry.

My advice then would be drop the tribunal matter. Apply for JSA... try to get it backdated to when ESA stopped. And get a trusted source to confirm this 6 month issue... and the DWP I'd regard as outwith this... the next time you contact them to ask the same question there's every chance the agent will say "nobody has ever asked that before I don't know". Like cit_k I'm convinced it is since the negative decision and not appeal date. Apply for ESA as soon as that 6 month pause legally ends. (Might be worth then a couple months later looking at doing what someone else has done for a friend. Write down the descriptors that apply to you in your opinion.. i.e. the points scoring criteria and any support group descriptors if applicable... put them in a document and get your GP to agree with the document with signature and perhaps comments if time.. or an amended version... submit with ESA50 when that arrives months later..lol.. put the DWP and ATOS HCP on back foot...lol)

bry66

ill see what they tell me in the morning,
they have been helpfull at the jobcentre and spoke to the manager at esa.
i have seen cab adviser and they seem to be as unsure about esa as everybody else is.
i know i will get better as i did before i feel for people who have to go through this with a illness that gets worse over time.
the woman who rang me from the tribunal said when i get the letter they sent out today i will have more options. what dose leave to appeal,me.
thanks

bry66

i think you are right about the tribunal as even if i get it reheard they will only take my atos medical as evidence anyway.
my doctor was angry that he had not been told that my esa was stopped.
thanks.