I won my ESA appeals

Songbird181

I had a Medical assessment last April ( 2012 ) and received 0 points I appealed, and had my tribunal on the 8th August (2013 ) which i won and was awarded 18points, and I have been put into a WRAC , I was told it would take about 3 weeks before everything was sorted out,
will I be back paid from 8th May 2012 as that is the date they stopped my higher rate incapacity benefit?, and will my money go back to my higher rate ? since they are independant of DWP they couldnt advice me on that, and that i have to wait for DWP to inform me of what happens next, but they never give you the full story.
I was also told to keep sending in sick note if they run out before it is sorted , and it states on my letter i was given after the tribunal that i can not be re assessed for at least 12 months.
my biggest dread is this WRAC it puts the fear of life in me, i dont handle interviews very well and makes me sick just the thought of it they said that it would take about 3 months before that happened, the "judge" and the Doctor there was really nice and tried there best to put me at ease, but was still terrified of it all and was on my own.
I also had to pay council tax out the the benefit that i was receiving ( about £230 council tax ) while i was waiting for the tribunal, they said i had to pay this because i wasnt in receipt of one of their "support component" of ESA, is being in WRAC of ESA , classed as a support component ? the council werent very helpful when i tried to find out from them back in April when i asked why my council tax went from £38 to £230! they just told me if i didnt pay it they would either send in bayliffs or take me to court, so have had to go with out certain things ( mainly food ) to pay my council tax. I was also adviced at the tribunal to apply for PIP , but even the thought of going through all that makes me feel ill, but I had a lady call me today from the council who said she will help me through the paper work to fill in the form for that, I had hoped that once i had the tribunal out the way i would feel better I did last night, but now on a downer again , now ive had time to think about this WRAC and reading about what it entails.
Any advice would help me a great deal, thanks so much

hilla_2

did you get any help to prepare for the appeal. My son is facing his appeal for ESA in August and he is worried sick. He has tried to get help for the process but everywhere seems too busy.

MidnightHour

Post on the benefits board where you will get better advice:

http://forums.moneysavingexpert.com/forumdisplay.php?f=139

lazytowner

If you use Facebook there are a couple of groups/pages that I really recommend.

One is called Atos Miracles and the other is Fightback, they offer support and some very good information.

skintsocks

hilla wrote: »

did you get any help to prepare for the appeal. My son is facing his appeal for ESA in August and he is worried sick. He has tried to get help for the process but everywhere seems too busy.

Hi
Try the Citizens Advice Bureau - they have a dedicated benefits/appeals adviser in each branch, and they have access to all the relevant legislation. They attend regular meetings with the DWP and HMCTS and keep up to date with any changes, so they can be very helpful to you. You'll need to give them a ring for an appointment, as they are mainly volunteers who have previous experience of these things, and don't tend to work every day. Good luck.

Polyanna61

Has any one actually complained about their ATOS examiner!!! Or tried suing them? As I have just recieved my medical report which scored me 0 points with Polymyagia , But reading through the examiner stated they tested my mobility while I was led on a couch which is completely untrue also stating that I done other exercises and showed no signs of disability, What I did notice is that on most pages it states that I turned up Clean Well Kempt Very Neatly Dressed Looks Healthy and does everything by herself but then I live by myself? so therefore cope.

j.e.j.

They invent the answers to half the questions Pollyanna, and they seem to be accountable to no-one :mad: It's been going on for years now.

Songbird181

No I didnt get any help, i went to the C.A.B which the one local were absolutely useless, i went to see them, told them i needed help , so they made an appointment for me to come in a talk to someone who could help so I waited two weeks turned up for my appointment only to be told they didnt deal with it and to go to law Society, they could help me out, in the end I went through all the paper work I had received, the copies of what the medical assessment said , and wrote down my version of what should of been said, like when he said i could manage to climb stairs, I said i disagreed with that as they were no stairs for me to climb so how could he said i could manage them ? also put into writing everything you think has been misinterperted by the Medical examiner, give more details of your own circumstances that arent shown , and say in detail why you have appealed and why exactly you disagreed with it all, any letters from hospital/ docters etc etc send them all in