ESA tribunal

cit_k

AsknAnswer2 wrote: »

In response to your original question


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

Points of law, or procedural errors, you should really contact a welfare rights advisor for face to face advice.

People who go with a representative to the tribunal have a higher success rate to.

Im not sure of the situation with payments following a failed appeal with ESA, on IB they leave you high and dry if you fail the first appeal (no longer pay reduced rate income support) and you have to claim esa or jsa.

However, if you already were claiming esa and that is what is in dispute, then can you claim esa again?

Not sure, speak to a welfare rights bod.

cit_k

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 is no law stopping you from secretly recording the medical.

However, the DWP have strict rules if you want to record the medical with their knowledge. The rules are over the top, and you (almost certainly) would not be able to satisfy them.

If you wanted to record without satisfying their rules and with their knowledge, it will not happen, the medical would be halted, and your benefit payment would come to an abrupt end.

So DO NOT TELL THEM you are recording, do it secretly.

Unless you want to try to go by the book (sound engineer, pro equipment, calibrated prior to recording, twin copies, and getting an atos assessor to agree to being recorded).

cit_k

trish67 wrote: »

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.

Its more of a kick in the teeth whilst down and vunerable.

Its not support, its harm they do.

AsknAnswer2

Don't give up before you have even set foot in the tribunal.

Forget what you have read on other forums. This is not about other forums or other people who only give you the part of the story that they want you to hear. This is about you and your incapacity. Just because the medical awarded you little that does not mean that the tribunal will agree with them. I have seen cases where people awarded 0 points at the medical have suceeded at the tribunal.

Like I say - forget other forums. People go on forums to complain or ask advice. They rarely go on forums to give a positive experience. Read up on some statistics. Gather as much evidence of your incapacity as you possibly can. Write a submission with the help of a welfare specialist if needed, pointing out where you disagree with the ATOS report and why, and refer to supporting evidence from your specialists. Do this, go in there and try to win your case. The tribunal will pose questions to you - that is their purpose, to make a determination based on fact - they will ask you questions to clarify matters. It may seem intimidating but they are not doing it to imtimidate they are doing it to see if they are able to make a determination that you are entitled to ESA.

It's all too easy to give up when suffering from depression. Don't. If you are struggling with this try and enlist some help from a Welfare specialist.