Statement of reasons and points of law

Jock221 wrote: »

It's the medical condition that dictates your care and mobility needs surely. If you hadn't a recognised condition you wouldn't be getting benefit anyway.

Not everyone who claims sickness benefits has a diagnosis. A medical condition doesn't dictate care and mobility needs. I know people with the same diagnosis as myself, who have no problems whatsoever. Yet, I know people with the same diagnosis who are blind.

celinepatricia wrote: »

Could you please explain how the DWP decide this when they have never met you? Even though the OP has provided evidence from Doctors and Consultants, how can a person sat at a desk in an office disregard this and decide that the Atos person is more believeable?

When Ive asked this question beofre I never get a satifactory answer. I wonder why?

Jock221 Im really sorry your having to go through this. I have been there, my husband even though he got higher rate mobility (so obviously has mobility problems) got nil points for mobility in his ESA medical, in fact he got nil points for the whole thing. I had appealed the decision and still got a negative answer, but, a very helpful person who works for DWP told me to send all the evidence I could gather to the tribunal centre and also send a copy of everything to DWP as well.. got a letter this morning putting husband into work related group and back dated payment for nine months.. keep on trying you will hopefullly get there in the end!!

Dont give up, when we appealed the nil points was upheld by the penpusher who had never met or seen my husband (still cant figure out why you have to fill in ESA50 form when they completely disregard it). I sent all medical evidence to the tribunal office and also to DWP office. It was less than two weeks later when we recived the letter saying he was being put into work related group. I think the overwelming medical evidence finally landed on somebodys desk who had a bit of sense, so, keep on trying, dont let them grind you down!!! good luck!!

Jock221 wrote: »

These pen pushers double up as doctors without actually gaining the medical qualifications a bit like doctor receptionists

This makes no sense.

celinepatricia wrote: »

Dont give up, when we appealed the nil points was upheld by the penpusher who had never met or seen my husband (still cant figure out why you have to fill in ESA50 form when they completely disregard it). I sent all medical evidence to the tribunal office and also to DWP office. It was less than two weeks later when we recived the letter saying he was being put into work related group. I think the overwelming medical evidence finally landed on somebodys desk who had a bit of sense, so, keep on trying, dont let them grind you down!!! good luck!!

Again, you are missing the point. The OP has already appealed and lost.

celinepatricia wrote: »

Again YOU are missing the point. This case was also listed for tribunal and as I said in my post it went to appeal and lost. I also said in my post the question has never been answered to my satisfaction ,so, until somebody with the knowledge to answer the question to my satisfaction replies, I will keep asking!!

The question has been answered, the only reason you are not satisfied is because you do not agree with the answer. If you cannot understand information solely because you do not agree with it, then you need to be more openminded.

The OP's case has gone past Tribunal - what do you recommend he does?