ESA Tribunal Refusal Help

macthedj

Hi, I have nwo been had my ESA stopped by the tribunal but my own doctor has still signed me of from work for another 6 months. He also says that this will continue every 6 months because he is adamant that I am unfit to work.

My condition is that I have permanant nerve damage on both sides of my body. I have very limited feeling in both hands and struggle to walk steadily on most days. I have had 2 discs in my neck replaced with metal plates and a third is needed but they will not operate in the same area a third time due to the dangers. I live in constant pain and barely sleep and go through excruciating spasms. I am on 4 different painkillers al prescribed by my pain clinic the worst being MORPHINE which when I take I can barely function with any real productivity. I cant stand for no more than 20 minutes but I cannot really sit or lie down for more than a couple of hours due to the spasms.
As a result of the above I have developed arthitis also in most of my joints but mainly in my arms.

All of the above and the doctor representing the ESA said I am fit to work. I was unable to attend the Tribunal due to not being able to travel to it to to my condition. My Citizens Advice contacted them to let them know but they went ahead regardless and refused my claim.

I am so worried now as most of the above makes me depressed that this can only be the icing on the cake.

Please can someone advise me what to do. My doctor has still signed me off but they have now stopped my ESA, where do I go from here.

dmg24

Did you submit a written appeal? If the Tribunal has found that you are fit for work, then unless you believe they have erred on a point of law, you will need to seek work.

Is it really not possible for you to do any work at all? The Tribunal are very fair, assuming they are presented with adequate information.

andyandflo

Hi, Your problem is solved if it is more than 6 months since the date of the letter from the DWP telling you that you had failed the ATOS medical.

If it is, all you have to do is fill out a new ESA claim form and send it in. I note you are still getting your sick notes so that is fine. You will go onto the assessment rate again and will have to fill in another ESA50 then probably go for another medical - and the ball starts rolling again!

If it is less than 6 months, claim again, but get a new certificate saying that your condition is worse.

Good Luck

NASA_2

When was the original decision made? If more than six months ago then you can reclaim again.

They have, thankfully, corrected the scenario where you could appeal an appeal and get paid on that appeal.

Even if you are within the six month period since the original decision was made you can claim again if your condition has significantly deteriorated. You need to provide evidence of this.

macthedj

My condition has me more or less house bound, when I do go out i need someone with me.

Whenever the condition is at its worst I am bed ridden.

I would love to go back to work, but the problem is I would just let too many people down. I was in my last job for 15 years but for the last few years of it my sickness rate shot through the roof. This was not fair on my emplyer or my colleagues who had their work increased due to me being off.

andyandflo

dmg24 wrote: »

Did you submit a written appeal? If the Tribunal has found that you are fit for work, then unless you believe they have erred on a point of law, you will need to seek work.

Is it really not possible for you to do any work at all? The Tribunal are very fair, assuming they are presented with adequate information.

It doesn't always go that way. My wife claimed DLA when she was 64, and then AA when she was 65. She sent letters from the GP explaining what her problem is, letters from her consultant, and an assessment from Social Services.

She wouldn't go to either, and both were refused. So she gave up!

dmg24

Could you work part time? This would help to ease you back into the workplace and reliability would be less of an issue.

Did CAB help with your appeal? If they did, then unless your condition has deteriorated significantly, I really cannot see the point in going through the stress of another ESA claim and appeal.

dmg24

andyandflo wrote: »

It doesn't always go that way. My wife claimed DLA when she was 64, and then AA when she was 65. She sent letters from the GP explaining what her problem is, letters from her consultant, and an assessment from Social Services.

She wouldn't go to either, and both were refused. So she gave up!

Maybe she just wasn't eligible?

Medical professionals are able to give medical opinions, they are not trained in benefit entitlement and therefore even if they think a patient should be entitled, it does not necessarily follow that they are.

sunnyone

macthedj wrote: »

Hi, I have nwo been had my ESA stopped by the tribunal but my own doctor has still signed me of from work for another 6 months. He also says that this will continue every 6 months because he is adamant that I am unfit to work.

My condition is that I have permanant nerve damage on both sides of my body. I have very limited feeling in both hands and struggle to walk steadily on most days. I have had 2 discs in my neck replaced with metal plates and a third is needed but they will not operate in the same area a third time due to the dangers. I live in constant pain and barely sleep and go through excruciating spasms. I am on 4 different painkillers al prescribed by my pain clinic the worst being MORPHINE which when I take I can barely function with any real productivity. I cant stand for no more than 20 minutes but I cannot really sit or lie down for more than a couple of hours due to the spasms.
As a result of the above I have developed arthitis also in most of my joints but mainly in my arms.

All of the above and the doctor representing the ESA said I am fit to work. I was unable to attend the Tribunal due to not being able to travel to it to to my condition. My Citizens Advice contacted them to let them know but they went ahead regardless and refused my claim.

I am so worried now as most of the above makes me depressed that this can only be the icing on the cake.

Please can someone advise me what to do. My doctor has still signed me off but they have now stopped my ESA, where do I go from here.

Morphine isnt the super strong pain killer that you and may other people think it is, there are better, stronger pain killers available (some with much fewer side affects) and with medication you can also cut down the spasms, they wont stop but you can be made much more comfortable.

I would talk to your pain managment consultant at your next appointment about minimising your pain/spasms because they certainly dont sound as though they are under control ATM, pain managment treatment is like the treatment for heart disease and diabeties, you can only treat the symptoms to allow the patient to live as comfortable as possible.

andyandflo

dmg24 wrote: »

Maybe she just wasn't eligible?

Medical professionals are able to give medical opinions, they are not trained in benefit entitlement and therefore even if they think a patient should be entitled, it does not necessarily follow that they are.

Social Services said she was, and they have prepared a care package for her. It was her social worker that told her to apply.

Of course yes, she may not have been eligible. But one thing I can't understand is why do more win if they attend than those that don't. You are either entitled to the benefit or not?

Or is it that they see it that if the claimant can't be bothered to go, they can't be serious in their claim?

NASA_2

andyandflo wrote: »

Social Services said she was, and they have prepared a care package for her. It was her social worker that told her to apply.

Of course yes, she may not have been eligible. But one thing I can't understand is why do more win if they attend than those that don't. You are either entitled to the benefit or not?

Or is it that they see it that if the claimant can't be bothered to go, they can't be serious in their claim?

Most people who appeal and ask for a paper only hearing dont supply evidence of why the decision was wrong. They just appeal to stay on the benefit a bit longer so they dont have to claim JSA.

Not in all cases but I've seen more than evidence of it in my time.

People who attend the tribunal are providing first hand evidence.