ESA - from 0 points at medical to support group at tribunal

nightsong

Just back home from representing my son in his ESA tribunal. He won, and has been put in the support group. This is after scoring 0 points in the medical and failing the reassessment. We are ecstatic, needless to say.

I wanted to post this to encourage people to keep fighting. This result really can happen!!

What we learnt was -

1. Take the medical, and before even that the ESA50 form, very seriously. If possible take advice on filling in the form. We found CAB absolutely invaluable, but were stupid enough not to involve them until the tribunal stage. We might have saved ourselves a lot of trouble and anxiety.

2. Get someone to take you to the medical. Don't go on public transport, especially not alone. Don't dress up for the occasion. Don't make any attempt to seem "normal" or put a positive spin on things. All fatal to a good outcome.

3. Concentrate on the descriptors and pick out the ones that you think may apple to you. Emphasise these in your medical and any further appeal submissions. This is the only way decisions can be made in your favour, or overturned if things don't go your way at first.

4. If it comes to the tribunal, DO go in person and take a representative. The best chance statistically of winning the tribunal is for the client and a representative to attend (66% success rate!!). However, if you can't attend yourself because of for example anxiety, make sure a representative goes anyway. The success rate with just a representative I believe is still 62%. Paper tribunals where nobody attends have a much lower pass rate - about 22%.

Good luck and keep fighting for what you deserve.

colin13

this always amazes me,from 0 to support group,and of course the extra expense,that is involved in a tribunal,,con/dems,seem to have this wrong ,,imo

Invalidation

colin13 wrote: »

this always amazes me,from 0 to support group,and of course the extra expense,that is involved in a tribunal,,con/dems,seem to have this wrong ,,imo

Which shows the entire thing isnt fit for purpose and is simply based on HMG booting people off benefits no matter what their medical condition

rogerblack

nightsong wrote: »

Just back home from representing my son in his ESA tribunal. He won, and has been put in the support group. This is after scoring 0 points in the medical and failing the reassessment. We are ecstatic, needless to say.

While of course you're ecstatic at this point, I would recommend you write to the tribunals service, and ask for a 'statement of reasons'.

Of course, you don't need to appeal, but the fuller explanation of why they came to the decision they did may be useful when your son is reassessed again.

Congratulations!

ankspon

Congratulations,after having the DWP DM lie to me i got my report and it ended with an ATOS clinical manager reviewing my case and i too have been put in the support group,all without a tribunal.

nightsong

rogerblack wrote: »

While of course you're ecstatic at this point, I would recommend you write to the tribunals service, and ask for a 'statement of reasons'.

Of course, you don't need to appeal, but the fuller explanation of why they came to the decision they did may be useful when your son is reassessed again.

Congratulations!

Thanks for this

Although his submission suggested half-a-dozen categories where we felt points were due, the decision notice only gave one lot of 15 points in one category. Obviously this is enough to allow the appeal, but are they likely to say they considered other categories too? I have been told that once they decide to give 15 points somewhere they often don't go any further but I wondered how this looks if you ask for further information, iyswim.

Poppa_G

How long did it take from appealing to the actual tribunal? I received the form and sent it back requesting a home visit. Did as they asked when they phoned to give me a date for my medical and got my GP to fax them a letter stating why I couldn't attend a medical and that they should instead visit me at home.

Instead of visiting me at home they just sent me a letter saying that I no longer needed to attend a medical. About a month later I got a letter through saying that I'd been placed in the WRAG. Needless to say I appealed this decision in April, and am yet still to hear anything.

In the meantime they sent me an appointment to attend my local jobcentre to attend a work related interview. Despite phoning them and providing them with medical evidence from my GP they were adamant that I attend. So on Friday I was accompanied to the jobcentre by my carer only to be told that the interviewer was off due to industrial action??? and that she'd phone me up on Monday (yesterday). No call yesterday, instead a letter in the post today explaining the implications of not attending my appointment and another made for July 6th, stating that if I fail to attend this time my ESA will be sanctioned. Tried phoning them today but no joy at all, fortunately my carer took the name of the person who spoke to us on Friday.

nightsong

From the medical (last November) to the tribunal today was just over six months which I believe is pretty quick. The appeal was lost a couple of months ago. My CAB advisor was amazed that the tribunal date came through so early. It all depends what part of the country you are in I believe. The upside was of course that we got it over with fast but the downside was, less time to gather evidence. The letters from the GP arrived yesterday!!

Sounds like your experience is the usual disorganised mess that people have to go through. I am so very relieved we won't have to deal with this sort of rubbish, you have my sympathies. Good luck

ankspon

It's great it went smooth and i hope it continues but it maybe just the start,you have not yet received a decision and that is when it gets worse but good luck and i hope it all works out.

bored_at_home

nightsong, well done on winning the appeal. i hate to put a damper on your joy, but let me tell you what happened to me.

after winning the appeal i got another round of esa forms for reassessment (within a month of appeal), and after another medical i got a call saying id scored 0 points, had i any more info to add before they rejected my claim to esa.... after going thru the medical report and me correcting all the wrongful notes the doctor had put i got put in the wrag, but have been told i will have tio reappeal; again to ask to go in the support group, yet everything is the same as last time.

by kicking folk onto wrag out the support group in a lot of cases it will save paying them after 365 days so i can see this being a recurrant thing. as it stands as i livealone it only makes 6pounds a week differamnce to me moneywise but thats not the point is it.

i am awaiting the statement of reasons as to how the decidsion was made to arrive to apply for a reconsideration and if not passed back into support group during that itl be back to appeal for me again.

ab.da54

nightsong wrote: »

What we learnt was -

1. Take the medical, and before even that the ESA50 form, very seriously. If possible take advice on filling in the form. We found CAB absolutely invaluable, but were stupid enough not to involve them until the tribunal stage. We might have saved ourselves a lot of trouble and anxiety.

2. Get someone to take you to the medical. Don't go on public transport, especially not alone. Don't dress up for the occasion. Don't make any attempt to seem "normal" or put a positive spin on things. All fatal to a good outcome.

People can, and do, pass the medicals without outside help filling in the form.

Why should people not use public transport if they can do so, normally? Again, why should people not make an effort with their appearance, if they do so normally?

Is this not creating an artificial scenario, or even making false suggestions/representation?