my ESA tribunal today!

atrixblue.-MFR-.

OK so i'm due to go into my tribunal in about 2 hours time.

obviously ill keep you posted on developments when i get back.

im not hoping for much, just to be heared.

ill run through my prep work and what evidence i obtained and what i asked the tribunal for before going!! (bet thats got you intreagued).

so fingers crossed and ill post update later.

MUMZ2BEE

Good luck hope it goes well for you!!

lemontree

Best Wishes. Keep us informed.

Ellejmorgan

Good luck, let us know please...

atrixblue.-MFR-.

hello all.

i WON.

so ill start by the begining.

FEB 2012 migrated to ESA. ESA50 completed and returned (with assistance to fill in form) evidence submitted with form.

decision made march to place in WRAG via a ESA85A from atos informed of decision early april.

statement of reasons and ESA85A was requested from DWP.

written appeal submitted via a letter headed GL24 appeal request sent in april. this outlined why i believed i was eligable to section 3-1(a) of ESA> support group descriptor and other that possibly applied to me due to mental health.

may received the statement of reasons

july a DWP decision was made not to reconsidder the decision to place in support group WRAG decision stayed, in the firm belief the ATOS report was accurate, submission to tribunal services for a hearing was applied by DWP.

august recieved my bundle.

september obtained my medical reports from consultant via GP signed a DPA release for and paid £5.00 processing fee.

september recieved 2 weeks notice to attend tribunal

heres the important intreaguing part i said about:

i didnt want the tribunal to review the whole claim of esa and then have to justify my reasons to wich descriptor applied and my resposes to ESA50 questionair, i firmly believe i fit the descriptor section 3 1a or 1b, in jan 2011 i had tribuanl for DLA and HRM was awarded, i sent a letter along with my evidence to making clear that my focus was on this descriptor only and that the panel considder this along with my evidence and that i had infact attended a tribunal for DLA in jan 2011 and awarded HRM because i couldnt walk 30 meters without discomfort, pain or breathlessness.

today the tribunal over seen the bundle and new evidence and my letter, and the DWP decision to place in wrag was set aside, and that i had won my tribunal before i even turned up! they did try contacting me not to come in as the decision was already made but i had already left the house.
upon turning up i was greated by the clerk, and informed the decision was made to set aside the DWP decision i had won my appeal, but as i was there he would ask the panel to see if they wished to talk to me, they thanked me for pointing out to what descriptor i thought applied as it saved the panel the whole experience of going through the whole claim, and making it easier for them to decide, they thanked for atteneding, and said that my evidence was a valid point in wich how can someone be awarded HRM even at tribunal and fit the catagory of this DLA descriptor as the walking distance is less to be awarded DLA HRM than it is to the ESA support group descriptor coupled with my evidence and the consistancy of my ESA50, and the inaccuracies in the ATOS report they made the decision before i had got there.

MUMZ2BEE

Congratulations and well done!!

I've too filled in an ESA50 form which ATOS got back on the 24th September.

I then got a letter 2 weeks later saying I had to go for dreaded medical on the 26th October!!

I feel unfairly done by ATOS because I fit the descriptor in the support category as I cannot walk very far without getting out of breath due to heart condition, which is made worse by a thyroid problem.

I just hope I dont have to go through what you did.

Again congratulations; you must be relieved!!

Muttleythefrog

MUMZ2BEE wrote: »

Congratulations and well done!!

I've too filled in an ESA50 form which ATOS got back on the 24th September.

I then got a letter 2 weeks later saying I had to go for dreaded medical on the 26th October!!

I feel unfairly done by ATOS because I fit the descriptor in the support category as I cannot walk very far without getting out of breath due to heart condition, which is made worse by a thyroid problem.

I just hope I dont have to go through what you did.

Again congratulations; you must be relieved!!

Hold up..lol... you haven't had the medical yet... they've not decided what descriptors do or don't apply to you.. they've only detrmined they feel the need to conduct a face to face medical. I think you may have been under impression that the ESA50 form if filled in well indicating the problems you have will mean they'll not conduct medical. As you've not had a face to face medical for ESA before the chances are high that you'd have been called for one regardless of your completion of the form. Generally speaking medicals are less likely if ESA50 well completed, GP could convey relevant information (sometimes they're contacted where medical not deemed necessary), strong supporting medical evidence and previously had a medical... oh and of course where you have strong case for passing the WCA... you can only fail the WCA if you've had a face to face medical (unless you refuse to engage such a medical).

Anyway.. just trying to put things in perspective. Focus on those descriptors.

Muttleythefrog

atrixblue.-MFR-. wrote: »

hello all.

i WON.

so ill start by the begining.

What a relief it'll be. Well done!! A good example of a case where the DWP seem to have been reckless in failing to prevent a tribunal being required... I thought this was what they were under pressure to reduce. I wonder if the fact it was a tribunal that determined entitlement to DLA HRM rather than DWP was important here in events playing out as they did.

atrixblue.-MFR-.

Muttleythefrog wrote: »

What a relief it'll be. Well done!! A good example of a case where the DWP seem to have been reckless in failing to prevent a tribunal being required... I thought this was what they were under pressure to reduce. I wonder if the fact it was a tribunal that determined entitlement to DLA HRM rather than DWP was important here in events playing out as they did.

agree, i think it was the decision to the DLA HRM that suaded this one.

how con someone be awarded DLA HRM and not fit the ESA support group descriptor was their query, also a bit stuckin that they couldnt contradict the decision eiter. as DLA HRM is based on 30meteres walking distance there about, and the esa is 50 metere.

and more importantly i had uptodate evidence that backed up that the condition hasnt improved since then.

i did point this out in my initial GL24 appeal letter but seem to have dumbfounded the ESA DM.

clemmatis

Well done, atrix.

Cpt.Scarlet

atrixblue.-MFR-. wrote: »

agree, i think it was the decision to the DLA HRM that suaded this one.

how con someone be awarded DLA HRM and not fit the ESA support group descriptor was their query, also a bit stuckin that they couldnt contradict the decision eiter. as DLA HRM is based on 30meteres walking distance there about, and the esa is 50 metere.

and more importantly i had uptodate evidence that backed up that the condition hasnt improved since then.

i did point this out in my initial GL24 appeal letter but seem to have dumbfounded the ESA DM.

Unless your appeal was based on the old ESA descriptors, you'd better hope that the tribunal's reasons for awarding ESA Support Group were better than those mentioned, because based on your comments its an incorrect decision.

The ESA test is not walking it is mobilising, and is much stricter than the DLA one, so it is perfectly possible to have HRM and not even qualify for ESA, let alone the Support Group.