My esa tribunal won.important points that helped

faddybus77

Hi,
i have just had an esa tribunal and won.
First off,dont be worried as its only a room with a doctor and judge and court clerk in the corner.
You get taken to the room by the clerk when it's your turn. The judge will say hello and introduce him or herself and also the doctor.
She put me at ease by explaining that she deals with these claims everyday and knows about atos and what goes on.
In my case atos had lied and made up so much stuff that it was a joke.
First off but maybe a bit late if you are reading this,get the atos fake medical recorded. This helped me a great deal as i could write on the manditory reconsideration about their lies and also have proof.
It is important to be there and not let them decide without your attendance. Twice as many people win if they turn up. Up until now its been like banging your head againt a wall with atos and dwp.
The way i see it dwp treat it as an insurance claim. Dwp will do everything to get out of paying until the court tells them to do so.
before you go make sure you know the descriptors or have them printed out so you can explain why you should be awarded for the descriptors that atos has awarded 0.
The judge wants to hear how your disability affects your daily living and does not care what has gone on before with atos and dwp.
The judge will ask the doctor to ask you some questions.
In my case it was decided i should have 15 points straight away.
I was ready to go in to all the other descriptors,but the judge stopped me and said its ok ,i dont need to.They asked me to wait outside.
5 mins later i was called back in and told i had won.
The judge,doctor and clerk were all very pleasant during the hearing.
this has been exactly 2 years since i first claimed esa at a reduced rate.
Dwp owe me the backpay.I might go on holiday to get over the stress they caused.
Dwp and atos or whatever they call themselves now are lowlife
and should be held accountable for the lies they tell.
shame this will never happen as the government try to hit new targets
so they have more money to spend on welcoming fake asylum seekers and foreign aid.
Wonder how many oap's wont be able to afford to put the heating on this winter.
doesn't it make you proud to be british.

[Deleted User]

congrats and all good advice btw

vision2009

Excellent, well done . And relaxxxx.

rogerblack

faddybus77 wrote: »

In my case atos had lied and made up so much stuff that it was a joke.
First off but maybe a bit late if you are reading this,get the atos fake medical recorded. This helped me a great deal as i could write on the manditory reconsideration about their lies and also have proof.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/422425/financial-redress-maladministration-apr-15.pdf

If you have suffered bad service that goes past mere surliness and into active systemic poor decisionmaking, apply for compensation in a reasonable amount to cover your time and stress.

Emphasise how this could have been short-cutted at many places through the process.

Diary

When ATOS lied about me to the DWP and therefore influencing an incorrect decision that DWP after many months rectified but not without my MP's help I got an official apology and pushed for compensation.

It arrived at 75 pounds which in no way went covers the cost of phone calls and a very torrid time with DWP.
I am still pushing to have the ATOS assessor struck off, so far the NMC are resisting this and I may well give up. The main reason for the resistance is the NMC don't want to get involved in what could open up a huge can of worms resulting in many nurses and doctors being struck off for misconduct when working for ATOS and bringing the NMC itself into disrepute.

Because I covertly record everything - and I mean everything - to do with DWP and it's minions I had irrefutable evidence to send to DWP and my MP.
My second round with ATOS has just begun a full year in advance of the 3 year end date for my current PIP award. I am much wiser this time and will not stand as long for their childish arrogant behavior.

Thank you OP for your post. The treatment of people is utterly disgraceful.

rogerblack

Diary wrote: »

When ATOS lied about me to the DWP and therefore influencing an incorrect decision that DWP after many months rectified but not without my MP's help I got an official apology and pushed for compensation.

It arrived at 75 pounds which in no way went covers the cost of phone calls and a very torrid time with DWP..

I note that in principle, if you have been discriminated against specifically due to your disability, you may also in some cases be able to claim compensation under the equalities act.

This would _NOT_ be compensation because they came to a decision you disagree with.

It would be compensation because they have discriminated against you on the grounds of your health condition - if they have treated you in a way which specifically disadvantages people with your health condition.

Diary

I didn't realise that Rogerblack re discrimination.
While my compensation case has been settled on a maladministration case, I will bare it in mind certainly for this time - should they try it on again.

BlueEyedGirl

Well done OP, take that holiday and relax!

faddybus77

Thanks everyone for the replies,
What's the point of getting compensation when it's only 75 quid.How do they get away scot free? I know it's to make a point but not worth giving them any of my time and thoughts.It's just so wrong.

couple of things that happened to me. I had pre-arranged to have the atos 'medical' recorded. When i sat down i was told that the recorder had broken and did i want to do it unrecorded. They also said they only had one that is sent around the country.No thanks.
So the next interview a couple of months down the line. I sat down and amazingly the recorder was broken again.
I said i will not do it unrecorded and it was broken before.
They amazingly found another that was working.
When said i was told that there was only one recorder that they sent around the country,i was told that wasnt right and they always had a spare at every building.
they lies these people tell. No wonder they wanted me to do it without being recorded.

I got the usual call after the atos 'Medical'. You have failed and we are stopping your money straight away.
They then asked if i wanted to sign on job seekers.No thanks.
And also asked if i wanted here to go ahead with the mandatory reconsideration.
No thanks,not before i have seen the atos medical.
A couple of days later i received a letter saying dwp were upholding atos decision and i had failed.
I was straight on the phone to dwp. Why the hell have you done a mandatory reconcideration without my say so.
Oh sorry,they said and i recieved an apology letter and still had a month to do my mandatory reconsideration.

Atos are dwp's puppets.Do not trust either of them.
If dwp ever call me i just tell them to put it in writing and i wont talk to them on the phone as they cannot be trusted.

rogerblack

faddybus77 wrote: »

And also asked if i wanted here to go ahead with the mandatory reconsideration.
No thanks,not before i have seen the atos medical.
A couple of days later i received a letter saying dwp were upholding atos decision and i had failed.
I was straight on the phone to dwp. Why the hell have you done a mandatory reconcideration without my say so.
Oh sorry,they said and i recieved an apology letter and still had a month to do my mandatory reconsideration..

You are lucky.
They have the right to do a mandatory reconsideration on your behalf within one month of the original decision.

They specifically lie about your appeal rights on some letters.
The letter saying 'we are forwarding this to our disputes resolution team' gives the normal appeal wording, this is a lie, as you have no right to MR if you cannot contact them before the decision is made.

For this and other reasons, I'm considering action under the equalities act for compensation.
Specifically around their poor dealing with people who can't talk easily and reliably on the phone.

faddybus77

Hi roger,
After i failed the atos medical i had one month to apply for a manditory reconsideration. This is a rule made by the court,not by dwp. To appeal to the court you must have first asked for a mandatory reconsideration. Dwp must give you this time and cannot do the mandatory reconsideration without your say so giving you time to write what was wrong with the medical and what you do not agree with.
Good on you Diary for getting something out of them,even though i am sure it should be much more.
good luck.