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ESA Tribunal - fit for work

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well after having waited for 14months i had my Tribunal on 1st march and heard today i have been awarded only 6points and therefore am fit for work

i felt the dr at the tribunal supported my application but that the 'legal' lady took against me from the beginning, i dont know why. i felt she was badgering me and she wouldnt let my husband talk even tho i was in tears at times

i have 2 letters from specialists saying i am not able to work and it would exacerbate my conditions if i did, making it likely i would be confined to a wheelchair - something i have worked hard to not happen.

so what do i do? is there further recourse? what happens now?

they took my DLA at the same time so have very little income. the appeal for that is in april but i feel if its the same lady i might as well not bother going.

any help or suggestions would be appreciated.

thanks in advance
When you know better you do better
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Comments

  • flipflop29
    flipflop29 Posts: 260 Forumite
    Part of the Furniture Combo Breaker
    I'm assuming that's your lower tier tribunal - you have the opportunity to ask for a higher tribunal. They should have given you info about how to appeal the lower tier tribunal at this one - did they give you any documents? If so, read them, I think you have to apply within a month.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    You generally cannot appeal the tribunals findings of fact - unless they are so unreasonable that no reasonable person would have decided as they did.
    (This is a far higher bar than 'probably wrong')
    You can usually only appeal to the upper tribunal if they have made an error in law.
    The first step is to write to the tribunal, and ask for a statement of reasons on the decision.
    Then you probably need to obtain specialist advice, as understanding reasons why the appeal may be possible is complex.

    The fundamental and most important thing to understand is that ESA is not given because you're not fit for work.

    It's given because you meet one or more of the legal tests.
    http://www.tameside.gov.uk/esa/wca#LCW

    You need the statement of reasons before you can decide anything, as it is essentially impossible to tell if they can justify their decision without it.
  • Brassedoff
    Brassedoff Posts: 1,217 Forumite
    Sorry to hear you lost your appeal. Is there any work you can do? Is your condition such that you can re-train? As Roger said, you are limited in your options for appeals.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    If it's been 14 months since the original decision, it should be possible to make a fresh application.
  • shykins
    shykins Posts: 2,768 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    thanks for your replies and the link. problem is I DO fit the criteria for not being able to mobilise 100M, not being able to sit for 30mins also i meet the reaching and picking up criteria as well as the manual dexterity ones.

    my letters from the hospital and my private chiropractor confirmed this but seem to have been ignored for preference of the 15min with the ATOS rep. to be honest everyone i come across (including various drs) are astonished at why i have been found fit for work as i am clearly not

    i really cannot work unless i can find a job that i dont need to stand, sit, work at a desk or travel too far too, or dont need to lift or to use my arms or a computer for more than 10mins

    i have applied for the statement of reasons but i am at my wits end to be honest
    When you know better you do better
  • Roxy07
    Roxy07 Posts: 498 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    The best thing you can do is go to work and if your not fit for work it will prove your not capable of it, get signed off and apply again with statements from the work saying this person is not capable of work.
  • helentay_2
    helentay_2 Posts: 231 Forumite
    shykins wrote: »

    they took my DLA at the same time so have very little income. the appeal for that is in april but i feel if its the same lady i might as well not bother going.


    And there have been many on this site that I have read that say that it is very unlikely that a DLA award would be cancelled due to failing the ESA assessment and appeal.

    Umm, here is another that adds to the pile of failures.
  • helentay_2
    helentay_2 Posts: 231 Forumite
    Roxy07 wrote: »
    The best thing you can do is go to work and if your not fit for work it will prove your not capable of it, get signed off and apply again with statements from the work saying this person is not capable of work.


    As if! Not being abe to do a job because of illness or disability is absolutely not one of the acceptable reasons that will see an ESA award being made.
  • mazza111
    mazza111 Posts: 6,327 Forumite
    Has your condition deteriorated in the time since you had your work capability assessment? If it's significantly different, you may be able to reclaim under the 6 month rule. We had to do this with my dd, because of a changing condition.
    4 Stones and 0 pounds or 25.4kg lighter :j
  • shykins
    shykins Posts: 2,768 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    mazza i wouldnt say i was much better or much worse but i will have to re-apply, i have no choice really as i cant work

    re the DLA i was awarded lifetime high rate mobility and care in 2008 after a visit from a DWP dr that was completely stopped in april after a visit to ATOS. that appeal is due 1st week of april at Harlow again, i am dreading it being the same lady as i know i will get nowhere

    its so frustrating everyone says i more than fit the criteria EXCEPT Atos :(

    thanks for your support its much appreciated
    When you know better you do better
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