ESA Tribunal

Hi everybody. Hope your all doing well. Could anybody give me any advice on what to do next if when you have been to a tribunal for the first time and they refuse you, what i do next. Back in August 2012 i was refused ESA so i appealed against the decision. Originally they had given me 0 points. I have just been today, 12th March, and refused me but gave me 6 points instead of 0. This stress this is causing me is unbelievable. Just seems like nobody takes Lupus seriously. Even though i told them i have deteriorated they was not interested in how i am feeling now but how i was feeling in August last year. They had sent me previous letters stating that if i had any other evidence to go with this claim then to send it to them before my tribunal. I did this but thy didnt take it into consideration. I feel so frustrated and let down. Could anybody give me any advice on what to do now. Thank you.

6 Replies

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  • I have just been through the exact same thing. Realistically speaking tribunal is the end of the line. If you feel there has been an error in the way the tribunal judge has applied the law you can apply to the judge to appeal to the upper tribunal, but in my experience this is futile. Because it has been so long long since the original decision you can always try applying for ESA again especially as you have deteriorated.

    Hope this helps x

  • Hi don't have the answer but these guys may ... please study and contact them they are very helpful I found and the person I care for has got through.

    Good luck and don't give up use Google to find more and the people here who have experience.

    Don't let the B.....S beat you down, get also represented and get your GP and any other doctors to write etc.. in support you lots of gory detail and also as the Black Triangle explain. . They only respect words of medical professionals and legally qualified generally but they are afraid when you give heavy weight opposition.

    Get on a mission they are "paid to fail you" its almost a stitch up. Go girl and never give up.....if you fail, next time go tooled up with helpers. big hug and so sorry for your situation. A . Good advice from last post! Keep fighting ....its very good to let out the anger and frustration and the injustice.

    When not represented then only 40% appeals are granted with representation it 70% has been published though I cant guarantee the xactitude of them.

  • Opps sorry forgot to give you the addy of the Black triangle its....

    WW.http://blacktrianglecampaign.org/

    or look up Black Triangle Campaign. on google.

  • As I believe it, you can always appeal against a tribunal decision. I certainly did wrt DLA many years ago, and won.

  • Hi sorry to hear your having a hard time. I'm also in the same boat athough I haven't been in front of the tribural board yet, I'm just waiting for my date.

    According to the HCA who assest me I was fully able to complete all movements, as well as use public transport, do my own shopping and care for myself. He also said I had full movement within my hips and arms. Its amazing really concidering I had seen an orthopedic consultent 2 days prior to my atos appointment and my movements where so much of a concern he rebooked me for an emergancy MRI so I must of made a remarkable recovery. I also have a cervical rib that is causing a problem with my blood flow leaving my hands knumb. I'm still receiving weekly appoinrments with a physio therapiest after having 2 discs removed from my spin. I'm also under the mental health team due to my depression as I can't handle the thought of living the rest of my life the way I am as I don't feel like I'm living I'm just exsisting. According to adios I'm not depressed as I didn't rock and was able to talk clearly. I can't believe how they get away with such lies. All I can suggest is stick by your guns. (Sorry about spelling but I'm dyslexsic)

  • Hi. Thank you everybody for all your advice. Lauraa11, the judge said without really saying, if i apply again they will take into consideration how im feeling now, not based on the 18th August last year. I contacted the Job Centre and they told me to put in a new claim and start again. Im just hoping that the DWP now take into consideration that the tribunal gave me 6 points instead of 0. Fingers crossed i get somewhere with this because stress is no good for us Lupus sufferers.

    Thank you Andrew for the link. Good luck with your tribunal Sweeth22. I know exactly what you mean with HCA, because on that one particular day i managed to do it they seemed to think thats it, shes fine, and shed only known me for 10 mins. I said all this in my tribunal the other day but they were just simply not there to assess how i am feeling now but how i was feeling then. The judge did inform me that that was not a decision made by them but by the governmnt. She went on to tell me they used to base it on how you felt now. Soon as she told me this i just knew they would refuse me. Im hoping with all my new evidence they will take notice of it. Ive managed to get a copy of all my medical records from the hospital and awaiting a letter from my lupus specialist. Even though i had already sent all this before it did not make a difference.

    Fingers crossed for you. x

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