ESA appeal success

Pop06

Hi,
Yesterday won my appeal,went from 0-15 points and put in the support group. I was only in there 15minutes but waited for result and judge told me atos made a ridiculous descison and to go home and concentrate on my recovering and getting well.

After months of reading various posts on hear I was dreading my appeal. I've read a few comments on hear that a foot problem doesn't justify getting ESA. I think as long as your honest and supply as much evidence as possible.

Wishing everyone luck with there forthcoming appeals

Muttleythefrog

Oh that's great news. To clarify though for your future information... points are irrelevant for Support Group... you must have met at least one Support Group descriptor (some of the 15 point WRAG descriptors also happen to be Support Group descriptors and maybe that's what they found to apply here) or special circs and at next reassessment I would focus a fair bit attention on trying to make claim it remains applicable to you (assuming of course that it does).

If you need any clarification of the decision notice details feel free to quote relevant here.

But 15 minutes is extremely short time... sounds like their review of the paper evidence in advance of you being called in had pretty much been conclusive in them reaching the determinations they did. You are far from the first to have a tribunal Judge castigate the report from ATOS and I hope those who think they're (ATOS HC) doing a good job take note.

Well done!

Breast_Cancer_Survivor

There is a petition going around on Facebook for the government to fine ATOS in future when they make mistakes like yours.

The link is https://secure.38degrees.org.uk/page/s/fine-atos-when-it-fails#petition if anyone is interested.

rogerblack

gregbythesea wrote: »

Grayling condemns the Tribunal Judges as they are out of touch and that they don't look at the claimant enough to judge whether or not he/she if fit for work.

He blames the Tribunal Service for being far too lenient!

Grayling does not seem to understand that the regulations are not framed in terms of fitness to work.

For example, you can be placed in the support group for being unable to place your arms into an upper shirt pocket.

Muttleythefrog

gregbythesea wrote: »

Grayling condemns the Tribunal Judges as they are out of touch and that they don't look at the claimant enough to judge whether or not he/she if fit for work.

He blames the Tribunal Service for being far too lenient!

As above... he seems to be criticising them based on his own false understanding of the benefit... he says tribunal judges don't understand what the government is trying to do... but what the government is trying to do is irrelevant to what is law that a tribunal must rule on.