ESA tribunal

eeyore2ok

Tribunal is today, I'm not looking forward to it, it's going to be hard recalling how things were 10 months ago when I had my medical, as I've tried to put it behind me and move on, but I hafve notes, and Welfare Rights are going with me. Don't expect to win, but it's the principle.

UnderPressure

Probably a bit late in the day now but good luck I have ready your thread and am interested to see how you get on, lets hope for once help goes to somebody who really needed it

eeyore2ok

Just to update you, I won my tribunal.

It went fine, 2 people on the panel, they'd actually phoned me at home to postpone, but I was at work and went straight there so they held it anyway. Only in 20 minutes, they asked lots of questions as to how bad things were which I just answered, came out for 2 minutes, got called in and they said they had found in my favour, I was delighted, especially as the ATOS doctor gave me 0 points.
To everyone in the same boat, do not give up, it's taken me a year, and it's been hard, but the principle was that I was too ill to work, and determined to prove that, I now feel I proved that I was right.

klndesigns

Well done, that is good news, i have my tribunal on the 16th July. I started claiming ESA back in Jan 09 because of a fall i had down the stairs where i damaged my back. I went for phsyiotherapy and was put on pain meds but nothing worked. I had x rays which showed my spine is curved to the left and that my discs in my lower back are wearing away faster than they should.. My GP at the time was very helpful etc but he retired so i was left with a new doctor who was no help to me at all. She would not help me even though i was unable to walk, lift, bend etc. My lower back seizes and the nerves get trapped and i am unable to move. I failed my medical even though i was having trouble walking and i was using and aid and my son was holding me up. Unfortunately i haven't got any one going with me to be on my side because no matter how many times i tried no one would listen to me when i needed the help. I suffer every day because of my fall but it seems that the help i asked for just wasn't being given. I have decided that i have nothing to lose by going on my own and seeing what the outcome will be. My doctor has decided to reavaluate my back problem but not until after my tribunial which doesn't help me. I still get ESA, that hasn't stopped as i keep providing sick notes provided by my doctor. I just wish i received the help when i asked for it. If i lose then i will have no choice but to go back to work which is going to prove difficult, i have other health issues to deal with aswell.

klndesigns

Well done, that is good news, i have my tribunal on the 16th July. I started claiming ESA back in Jan 09 because of a fall i had down the stairs where i damaged my back. I went for phsyiotherapy and was put on pain meds but nothing worked. I had x rays which showed my spine is curved to the left and that my discs in my lower back are wearing away faster than they should.. My GP at the time was very helpful etc but he retired so i was left with a new doctor who was no help to me at all. She would not help me even though i was unable to walk, lift, bend etc. My lower back seizes and the nerves get trapped and i am unable to move. I failed my medical even though i was having trouble walking and i was using and aid and my son was holding me up. Unfortunately i haven't got any one going with me to be on my side because no matter how many times i tried no one would listen to me when i needed the help. I suffer every day because of my fall but it seems that the help i asked for just wasn't being given. I have decided that i have nothing to lose by going on my own and seeing what the outcome will be. My doctor has decided to reavaluate my back problem but not until after my tribunial which doesn't help me. I still get ESA, that hasn't stopped as i keep providing sick notes provided by my doctor. I just wish i received the help when i asked for it. If i lose then i will have no choice but to go back to work which is going to prove difficult, i have other health issues to deal with aswell.

andyandflo

klndesigns wrote: »

If i lose then i will have no choice but to go back to work which is going to prove difficult.

Hi, I don't quite understand that comment.

If there is more than 6 months after the letter from the DWP saying you had failed the medical and the Tribunal (assuming you fail at the Tribunal), then you keep on putting your sick notes in and complete a new ESA application even if it is for the same illness.

However if there is less than 6 months bewteen the two, get your GP to issue a sick note saying ....your original illness.... but now worse.

The whole thing starts up again, another medical etc etc etc. You will then start to receive your £65 a week assessment rate again!!

That way you can stay at home and avoid the turning up and signing on for JSA which to be honest is a pain if you are not feeling too well and need the rest away from any stress. They always seem to want you to sign on first thing in a morning which is not the best of times. I've never understood why they do that, as most people find afternoons better. I used to tell them that because of the effects of the drugs I am on, getting up and out in a morning means that I was tired. They changed it for me to I think 2pm if I remember right.

You can keep on doing this for as long as it takes to get the benefit provided that your NI contributions are OK and/or you are able to claim the Income based part.

klndesigns

Thank you for the advice, i wasn't aware that i could carry on claiming or redoing a claim even if i was to fail the tribunial. I thought that if i failed then it would mean me going back to work which is not an option for me right now. I will see what happens on friday at my tribunial and then go from there. If i have to submit another claim form then i will.
Thank you again.

ilovecows

hi i failed my esa tribunal, it was rejected in the court, i was not there as i was rushed to hospital that same day with breathing difficulty


i failed my medical in sept 2009

i have since filled in a rapid reclaim form but put down my medical conditon has now got worse since last sept which was 10 months ago

its been a week and a half and esa still have not processed my claim so had to get a crisis loan in between

do you know if they will accept the rapid reclaim?

have i done the right thing??

ilovecows

???????????

ilovecows

anyone????