tribunal admits they cocked up or in their words misunderstanding??? can i do anything about this?

[bellablot]

i sent all my medical evidence to the tribunal for my case against the esa ruling of keeping me in the wrag group for a second time, i had earlier appealed last july but with the tribunal making a big mistake in not taking into account ,sending a doctor out to see me on the judges request and the doctor filling in medical report on DLA paperwork instead of ESA they wouldnt take into account that report which actually went in my favour so i lost even arguing what had happened. so this time for my 2nd tribunal 3rd august i was ready put together a lot of medical evidence and sent it off to them 4 weeks later the day before my tribunal date i received all my evidence that i has supplied sent back to me telling me the paperwork arrived to late for my appeal in january?? the next day i received a phone call from tribunal telling me my case is being adjourned as the panel need more medical evidence so needed my permission to get in touch with my gp, i stopped her their and asked WHY did they send all my evidence back to me and told me my appeal was in january, she didnt have a clue what i was talking about? but told me would i send it all back again? which i did with a letter asking what the hell is going on? today another brown heavy envelope arrived with all my evidence photo copied and a letter of DIRECTIONS? telling me that the decision to send my evidence back and closing the case was due to a MISUNDERSTANDING?? unknow to the judge who made the decision to get more medical evidence there was another appeal in the system ??? seeing as last september i lost the appeal i dont have a clue how it would still be in the system? and the records and all my evidence was put in the wrong file? it further states it is clear the records i supplied even the wrong paperwork being filled in last year on DLA paperwork and not ESA included towards my new appeal, it further states that the tribunal apologises for the confusion that all this has caused me but it was based on a simple misunderstanding as to what appeal the records related to?? and the records have now been put on the correct file, this is totally unbelievable especially when they state it was a simple misunderstanding . its not to me last year they lost me my appeal because of this simple misunderstanding and could of cost me it again this year , so now i await my tribunal date and im going to go in there a totally different person that i was last year they are not getting away with it again, CAN THEY GET AWAY WITH WHAT THEY HAVE DONE TO ME? id appreciate some advice, havent got a cab office in my area now so cant go to them for advice, so guys can anyone help me before i lose my mind.

hugs xxx

[lcm27]

Hi, I'm sure there is info on the website about appeals, but it does sound like the case has now been closed. I would ring both the jobcentre plus and the DLA and ask for clarification of their ruling as you are not sure what has happened. Someone should be able to pull your file and tell you the latest. I think MDaisy might have the fibro website link hopefully, or maybe someone could tell you. Lynn x

[suffolklass]

Hello Bellablot. I'm sorry, I don't know about the ESA's and the system, but is there a complaint process? I could imagine them being over-run with complaints but it certainly sounds as if you have a true complaint where they have mis-handled your file. If nobody here knows please get in touch with Citizens Advice and show them all your paperwork.

I wish you luck with this.

[twinks]

I would speak to your MP on the phone they can come out to see you and support you, also put: in a complaint in writing, you should get some answers and they're careful what they do if Simone official is supporting you.

All the best

[Ginsing]

Hi Go on Fibroaction.org and seek out Emma she will put you in the direction of forms etc related to an appeal

xgin

[Offcut]

Hi

I have been though the ESA nightmare too. I applied when I was told to by JS staff as I have a multitude of health problems. After 4 weeks they stopped paying me because they claimed I had not made enough NI Payments in the last 2 years. It took me 6 months to get the HMRC to agree that I was fully paid up and another 6 weeks to be paid my back payments (which they put in the wrong closed account 10 days later to get in the account I already told them about) in the meantime I had to go to the ATOS assessment which is a box ticking exercise I fully explained my conditions and was given 6 points you need 15. I was going to CAB and they did help a lot and put forward an appeal. You must get this done ASAP as you are on a time limit. I also had a letter from my cardiologist explaining my heart and lung conditions in detail 6 weeks after my ATOS meeting. I sent this to DWP explaining this is further evidence explaining my conditions in more detail from my consultant. Now, any evidence you send has to be relevant to before your ATOS meeting as any new condition after is not taken into account. I did get my originals back with a letter saying that this will be added to evidence for appeal.

I had my appeal last Wednesday and it was found in my favour after 10 minutes mainly due to the letter from my cardiologist and the doctors and judges questions about all of my conditions and how I am coping. I have been awarded under the support ESA Schedule 3. Regulations 29 and 35 which are special conditions that do not take the box ticking as the only condition to grant my ESA.

I did call the DWP the next day to ask what happens now and they have told me that they will need to agree and then they will send me information to what they decide on. This can be at least 5/6 weeks.

I did get in touch with my MP while I was not getting my money and asked them to intervene the next day I was told the money is being granted but I think that was more coincidence.

The government is trying to reduce payments and some of them I do agree with, however just allowing under qualified people tick boxes that are designed to save money is not acceptable.

When you go to your appeal do not feel that you have no voice take someone with you if they ask about breathing explain that you have sat down for however long but if you had just walked to the court it would be very different. You have very little to lose by putting your case forward in a polite way. Wear clothes that you would wear that are easy to put on as they will pick up on this.

I do have the information regarding ESA in more detail 44 Pages and also how to deal with ESA appeals that I am happy to pass on to anyone that requires it by email

[bellablot in reply to Offcut]

thanks for your reply, i know exactly what im going to be saying this is the third time ive been infront of the tribunal panel which i ;l havnt been asked to go for a esa atos medical for 2 years they just go off the evidence and form i filled in . i filled a new form in feb and once again they didnt want to see me but kept me in wrag group for 18 months this time, my money ran out april 2012 as im contribution based, i now have lots of medical evidence and after the courts apologised for messing up my paperwork all the evidence i had july last year that the judge wouldnt take it into account is being allowed in this tribunal and all logged for my claim about time to, anyways just waiting for my new date xx

[Offcut in reply to bellablot]

You have only 4 weeks to lodge an appeal to an appeal decision now from what I have learnt they can only go by the last assessment/information that they have made the decision on? I sent new evidence 5 weeks after I was told from my ATOS meeting I was not entitled but that was relevant to before my ESA application so could be used in my appeal.

Make sure that you send all the paperwork as additional information to your appeal including their mistakes that they have admitted to, I would ask for this to be taken into consideration as you now have more evidence to support you. In my case they would not review this but added it to paperwork as additional evidence.