ESA tribunal

trish67

Hi, could anyone tell me if you fail your esa tribunal if you can appeal further. I suffered a trimaleolar fracture dislocation of my right leg and ankle in 2009, basically the only thing holding my foot on was skin, I was none weight bearing for 3 months and in a wheelchair, I have a metal plate with 10 screws on one side and 2 screws on the other, now 19 months down the line I still suffer really badly with it, some days I can't walk, and have weeks where I don't leave the house at all as it isn't worth it as the pain gets so bad, this has also left me suffering with depression ... I've been told by my consultant that it will get worse with time. When I went for my medical I was only awarded 6 points, which was a joke as I couldn't do half the things that the nurse had said I could, and when I received the medical report there was blatant untruths on it. I'm really worried as I am genuinely limited to what I can do, days that I do make it out of the house, I really suffer later in the day, and usually have real problems with pain when hobbling around the next day and sometimes days after it. I'm dreading the tribunal as pain isn't something you can see and it will be a case of my word against theirs. Would be grateful for any advice.

FTW

Submit as much evidence from your doctors and specialists as you can. The more, the better - especially if it contradicts what the nurse has stated on the report.

Ideally, it's best to audio-record any assessments you have through Atos.

I realise it's a bit late now, but it's something to remember if you ever need to attend another assessment in the future - because if they can get away with lying on your report, they will.

If the tribunal agrees that errors have been made or that dishonesty may have taken place, report the nurse to the GMC.

sunnyone

trish67 wrote: »

Hi, could anyone tell me if you fail your esa tribunal if you can appeal further. I suffered a trimaleolar fracture dislocation of my right leg and ankle in 2009, basically the only thing holding my foot on was skin, I was none weight bearing for 3 months and in a wheelchair, I have a metal plate with 10 screws on one side and 2 screws on the other, now 19 months down the line I still suffer really badly with it, some days I can't walk, and have weeks where I don't leave the house at all as it isn't worth it as the pain gets so bad, this has also left me suffering with depression ... I've been told by my consultant that it will get worse with time. When I went for my medical I was only awarded 6 points, which was a joke as I couldn't do half the things that the nurse had said I could, and when I received the medical report there was blatant untruths on it. I'm really worried as I am genuinely limited to what I can do, days that I do make it out of the house, I really suffer later in the day, and usually have real problems with pain when hobbling around the next day and sometimes days after it. I'm dreading the tribunal as pain isn't something you can see and it will be a case of my word against theirs. Would be grateful for any advice.

Are you being treated by a pain managment specialist for the pain?

Are you being treated for the depression?

You can use a wheelchair to alleviate pain and the DWP is introducing "vertual wheelchairs" to deny people ESA, as in if you can use a wheelchair you can work and thats the what you need to dispute in order to win the appeal but the chances arnt good atm if a wheelchair can make you employable for any job.

mikeyburnsey

trish67 wrote: »

Hi, could anyone tell me if you fail your esa tribunal if you can appeal further. I suffered a trimaleolar fracture dislocation of my right leg and ankle in 2009, basically the only thing holding my foot on was skin, I was none weight bearing for 3 months and in a wheelchair, I have a metal plate with 10 screws on one side and 2 screws on the other, now 19 months down the line I still suffer really badly with it, some days I can't walk, and have weeks where I don't leave the house at all as it isn't worth it as the pain gets so bad, this has also left me suffering with depression ... I've been told by my consultant that it will get worse with time. When I went for my medical I was only awarded 6 points, which was a joke as I couldn't do half the things that the nurse had said I could, and when I received the medical report there was blatant untruths on it. I'm really worried as I am genuinely limited to what I can do, days that I do make it out of the house, I really suffer later in the day, and usually have real problems with pain when hobbling around the next day and sometimes days after it. I'm dreading the tribunal as pain isn't something you can see and it will be a case of my word against theirs. Would be grateful for any advice.

Hi I have suffered the same fate as you, I was awarded 7 points, and when I got the report, oh boy what a bag of lies, here are some of details.
Said I lived with my wife and daughter. (I have 2 daughters)
Loaded the dishwasher (We don't have one)
Go to the shopping regularly. (I hate shopping)
Watch soaps ( Untrue watch neighbours with my youngest daughter when she comes home from school)
Sat through the examination (I asked to walk around in which he said YEs to)
Socialised with my brother every week. ( Untrue comes up to watch Man Utd when they are on)
Said I could bend down. (true but with a lot of effort and gritted teeth)

I had an operation on my spine, neck area, 2 disc where removed and replaced, I suffer from chronic pain & depression, both are being monitored by pain management team, and the relevant doctors.
I am also on a lot of medication, including a morphan patch, my sleep is crap and I feel like !!!!!!.

Gave up my job, which I had for 19 years, had a pension and private medical with a salary of 22K, so I could be on ESA £65 per week!!!

The Atos doctor was completely out of order, I could hardly walk or sit still, but according to him I am fit for work, my medical was in June and on Saturday we finally got our appeal date, it's ironic because it's on Fireworks night 5th November, I like you is apprehensive, I am trying to get up to date reports to take with me, also I have CAB supporting me.

All I can say is good luck don't give up, get as much help as you can, here on the website or like I have done. All the best.

jellybaby1969

With regard to the above post...i do wonder if ATOS make a lot errors by copying and pasting when making their reports.

AsknAnswer2

In response to your original question

could anyone tell me if you fail your esa tribunal if you can appeal further

You can only appeal against the tribunal's decision on a point of law.

dazzadub

is there any law stating you cant record the medical. if there isnt surely you could say for my records i will be recording this session

FTW

dazzadub wrote: »

is there any law stating you cant record the medical. if there isnt surely you could say for my records i will be recording this session

No, there's no law that stops it. It's up to a tribunal whether they'd accept it as evidence. Don't tell Atos or the DWP that you're thinking about doing it - they don't have to know.

trish67

So basically, it sounds as though I wont have a leg to stand on! Which ironically is quite true, this is such a degrading process, at the medical I was quite tearful at times as the way the examiner came across I actually started feeling like a fraud (which I'm not) So basically when I go to my tribunal, if I lose the case will I be forced to go onto jsa? This really worries me. I am taking medication for my depression and take naproxen, co codamol and ibuprofen for the pain in my ankle. I used to be such an active person, and cycled everywhere, and went on long bike rides every night with my kids, they used to complain that they couldn't keep up! Now I barely leave the house and I've put nearly 4 stone on as the pain I go through when I do venture out, and the pain and discomfort afterwards really puts me off doing anything at all, I feel like a recluse and really isolated at times. I understand that there will be people applying for esa when there is nothing wrong with them, as there are people who will do anything to avoid work .......but believe me if I could turn the clock back I would as doing this to my leg has had such a detramental effect on my life. What do you do after the tribunal if it goes against you?

trish67

mikeyburnsey wrote: »

Hi I have suffered the same fate as you, I was awarded 7 points, and when I got the report, oh boy what a bag of lies, here are some of details.
Said I lived with my wife and daughter. (I have 2 daughters)
Loaded the dishwasher (We don't have one)
Go to the shopping regularly. (I hate shopping)
Watch soaps ( Untrue watch neighbours with my youngest daughter when she comes home from school)
Sat through the examination (I asked to walk around in which he said YEs to)
Socialised with my brother every week. ( Untrue comes up to watch Man Utd when they are on)
Said I could bend down. (true but with a lot of effort and gritted teeth)

I had an operation on my spine, neck area, 2 disc where removed and replaced, I suffer from chronic pain & depression, both are being monitored by pain management team, and the relevant doctors.
I am also on a lot of medication, including a morphan patch, my sleep is crap and I feel like !!!!!!.

Gave up my job, which I had for 19 years, had a pension and private medical with a salary of 22K, so I could be on ESA £65 per week!!!

The Atos doctor was completely out of order, I could hardly walk or sit still, but according to him I am fit for work, my medical was in June and on Saturday we finally got our appeal date, it's ironic because it's on Fireworks night 5th November, I like you is apprehensive, I am trying to get up to date reports to take with me, also I have CAB supporting me.

All I can say is good luck don't give up, get as much help as you can, here on the website or like I have done. All the best.

I can imagine how you feel, when I got my report back my heart sank as it was such a load of rubbish, It's so disheartening, they have esa for a reason and because of that I can't understand why they make it so hard for genuine people to get it. I have got an awful feeling about this, and already feel defeated, and it is so wrong .... I think you would have to be virtually drawing your last breath before they consider you, I would hardly call it a support at all.

cit_k

jellybaby1969 wrote: »

With regard to the above post...i do wonder if ATOS make a lot errors by copying and pasting when making their reports.

The reports are generate by computer software, its the computer basically copying and pasting stock phrases.