Employment Support Allowance (ESA) Tribunal

Hi all,
Had the tribunal today and it looks like ive been done over. It was just answering the same questions as the ATOS doctor, and basically calling the ATOS doctor a lier as he re-worded everything and got completley cross-examined. I was the representative and yet my saying at the end seemed to be completley ignored. The points had increased, but not enough to be awarded ESA. This system is fundamentally flawed as my GPs opinion, mine and fathers opinion seems to be ignored. How can a person be fit for work, when they cant even look after themselves, i really cant understand this. Which employer would employ an individual that spends more time off sick then actually work? I remember i was off sick 1 day and my employer requested a sick note so you can just imagine whether you would still be employeed if you are unable to work for a long periods of time. This ESA test system is a real joke and clearly does not make sense, whilst i was at the tribunal i had seen a person on a wheel chair who had a pot on his arm and was shocked - clearly if disabed people who cannot walk cannot claim ESA what chance has my father got, atleast he walk...only just!

Any help would be appreciated at this stage...!? looks like another upper tribunal hearing and if not then perhaps re-apply, is their a rapid re-claim for this?

benefitbaby wrote: »

Naturally you can request a statement of reasons and if the first-tier tribunal has made an error in law you can request permission to appeal to the upper tribunal.

Alternatively if six months has passed since the date of the original JCP decision that he did not have a limited capability for work then he can reclaim and be paid the assessment rate again - will need to continue sending medical certificates.

But ultimately the issue is not the doctor or the tribunal or anything else, the issue is does your father have a limited capability for any work and this is set out in the legislation. You need to go through the ESA work capability assessment descriptors and ascertain which ones your father meets and are these sufficient to qualify.

I urge you to help your father contact a benefit adviser for help.

Hi, and thanks for the quick response. ESA was declined in Feb 2012, and have appealed since to gain a date today. Yes, according to us and our GP, my father should have gained atleast 18pts, which is enough to gain ESA, however, they were given 10pts at ATOS, and now given 13pts at the tribunal.

We contacted the benefits advisor before attended this tribunal last year and they said the only options are Job Seekers Allowance or ESA. Now, they cannot claim JSA, as they are not fit for work, suffer from pure insomnia due to pain and this case does not seem to be helping them as i feel they are starting to suffer from depression.

I will be seeking advice from CAB. Thanks anyway!