Tribunal letter..........

[esagestapo]

Got it today, hearing date is on 21 Feb 2014.

It has taken practically a year. My next Atos medical is due in March the following month so I will have a short break before starting my next appeal which should take me into 2015.

[Maladjusted]

I'm glad you have your date at last EG. I hope things go your way this time. You undoubtedly have all your notes and letters at the ready so lets hope you make them regret putting you through this.

Good luck

Em

[esagestapo in reply to Maladjusted]

As you know Mal I don't attend these things in person, if they stick to the law there should be no problems. The is a couple of letters I will send to them myself, just in case the DWP withheld them, and that's the previous tribunal rulings in my favour.

[Maladjusted]

Big IF EG, but you have them if they don't. Only problem there being is that they manage to operate just within the letter of the law and twist as much as possible to make it out that you are the liar. I don't know why they keep putting you back on this merry-go-round, but I do hope it goes your way this time without being messed about further.

Em

[esagestapo in reply to Maladjusted]

I know you can't trust these people to adhere to their own laws, they got rid of legal aid and keep changing the rules to make it neigh on impossible for people to claim ESA, but hey, we keep trying.

[Maladjusted in reply to esagestapo]

That' all we can do EG, they change the rules faster than they can keep up with, and you know all about the lies they told at my tribunal, and the ways they had of stopping me taking matters further, but I battle on - what else can we do? Nevertheless I sincerely hope things go as they should for you

Em

[esagestapo in reply to Maladjusted]

So do I Mal but I fear the system is becoming more one sided as time goes on, each change in the rules makes it harder for us to qualify.

[Maladjusted in reply to esagestapo]

I couldn't agree more, in fact someone working for the DWP as good as admitted this to me. Each time one of us slips through the net, they bring out another rule to make sure it doesn't happen again. What they don't realise is that most of us would be happy to go out to work, if only our bodies would let us.

[Hidden]

Good luck. My Tribunal date arrived this morning. 2nd February 2014. I've been waiting since January 2013. I've now been told they won't take my formal diagnosis of Fibromyalgia into account because it came after my ATOS "medical".

The whole thing would be hilarious if it wasn't so draining, worrying and down right stress inducing.

I've been so depressed the last 3 months and now this

BM

[esagestapo in reply to Hidden]

That's a bit unfair BM, on the appeal letter I got it states "If you have any further evidence which you want the tribunal to see, send it to me at least 7 days before the tribunal hearing". I take that to mean I can add what I like as long as they get it on time.

In your case I would argue that it is the function of a tribunal to consider all the evidence available, so send it to them as further evidence on the basis that it proves the Atos medical was not fit for purpose.

Even if the tribunal continues to stick its head in the sand, they will know indirectly that you are not fit for work when it comes to deciding if you should be awarded ESA.

[Hidden in reply to esagestapo]

Many thanks for the info. I did already send a copy of my diagnosis to the Tribunal and the DWP but all they did is acknowledge receipt of it. I said in my letter that I needed a doctor that understood Fibromyalgia at my Tribunal, but I'm guessing the chances of that are pretty slim!

[esagestapo in reply to Hidden]

Sounds like your diagnosis letter has been accepted as evidence, but to make absolutely sure, take 3 copies and shove them right under their noses so they can't miss it.

[Hidden in reply to esagestapo]

That really made me smile. I think all of us attending Tribunals should be allowed to take one secret weapon in with us. Mine would be you

[TheAuthor]

Hi there

Hope that you are as well as can be? Just wanted to wish you luck - so good luck, and remember to let us all know how it goes?

Take care

Ken x

[esagestapo in reply to TheAuthor]

Hi Ken, thanks, I will post on here as soon as the verdict arrives by post.

[Boromoor]

Morning,

Had my tribunal a couple of weeks ago; the main thing to remember is that they're not interested in how you are now, only how you were at the time of your assessment. (The government insist they use a "registered health care professional" and call it a medical in the hope we'll believe they care) In other words, did ATOS get it right last year?

[esagestapo in reply to Boromoor]

Taking a single moment in time to decide if you are fit for work is not ethical or practical. Many people's health can take a turn for the worst or better on a given day. A case should be decided based on the medical evidence provided by your GP and specialists. Not what some under qualified nurse from Atos says after ticking boxes on a computer, who as we all know is paid to lie.

[Boromoor in reply to esagestapo]

Yes, it is idiotic to assess a persons capabilities based on a 30 minute interview but that is exactly what they're doing despite the advice published in one of the DWPs' own guides. On page 13 of that publication it says:

gov.uk/government/uploads/s...

"The approved healthcare professional will also consider the effects of the condition on the claimant for the majority of the time, so that the opinion will not be based on a snapshot of their condition on the day of the medical assessment."

If a 30 minute assessment isn't a "snapshot" I don't know what is! Then there's the suspicious heading at the top of page 16 of my ESA85 assessment report.

"Evidence to support the opinion that this person does not meet any of the descriptors for limited capability for work related activity"

That sounds, to me, as though the decision to place me in the WRAG had been made prior to sending me for an assessment; the assessment was merely a formality to make it appear that they were seeking professional medical advice. The fact that the question at the top of the same page on my friends' ESA85 asked for evidence to support the assessors' recommendations didn't help to allay my suspicions.

[esagestapo in reply to Boromoor]

I have discovered that you need to score 15 points from one descriptor to be placed in SG, a combination of scores using various descriptors totaling 15 points or more means they put you in WRAG. You can appeal if you think the scores and descriptors used in your case are not correct.

[louisecoyle31]

No if u win your appeal the appeal sets a time day 6 months from the date of the appeal when they have to leave u alone let them know u have been immediately after their tribunal called back up to atos they can stop it regards Louise

[Dorothy1952]

When I went to tribunal got result straight away and on my tribunal they have said I am not to be reassessed for two years but this does not matter in my case I go on state pension in five months so will be off the merry go round for good

[Dorothy1952]

If you have managed to save some money does it mean even if you win at tribunal you will have to come off contribution base ESAand go on other that is means tested after 365 days

[esagestapo in reply to Dorothy1952]

It depends, what group are you in?

[Dorothy1952 in reply to esagestapo]

I have been put in wrag group but don't think Its much good as I retire in july so wat I the point in me attending work related groups I m never going to get a job at my age

[Offcut]

good luck