ESA

[Harnell32]

Hi my husband attended he’s ESA assessment on the 9/12/17 but he scored no points and the ATOS lied in her report so I appealed for him he got the paper hearing on th 23rd of April 2018, the judge states my husband has limited capability for work, regulation 29 of ESA 2008 applies, no 3 descriptor applies but regulation 35 does not apply, she then went on to say my husband is significantly limited, it is difficult on the evidence in the papers to gauge the likely impact with sufficient precision to know what points should be awarded in respect of the the schedule 2 activities, nonetheless they looked at the round and are persuaded that if my husband was found capable of work this work result in a substantial risk of deterioration of he’s health, they reached their decision based on my evidence I sent them. Then DWP sends me a letter saying we heard your husbands tribunal was successful please fill in a change of circumstances form so we can reinstate he’s benefit. I’m confused by all this because I thought he would be placed in the support group but they placed him in the work related group. It’s made my husband worse he won’t eat or sleep since he found out their decision. Do I have to fill out the change of circumstances form. And can I appeal again to the upper tribunal any advise please I would really appreciate it thanks

[butterflyEi]

Hello Harnell32

I do not know anything about this process but I wonder if the PBC Foundation could help you and your husband. If not your local citizen's advice centre or Age UK if appropriate. This process is obviously a minefield and it seems some help from an agency used to dealing with processes may be helpful.

Perhaps someone here has already been where you are now and can make some other suggestions. Wish I could help more.

Let us know how you get on.

Best wishes

[dollydaydreams]

Hi, if you have a welfare rights in your area contact them to see if they can help as they sorted it all out for my husband, as far as i am aware you can only apeal to the upper tribunal if the first tribunal made a mistake on their side with the paper work.

[mospencer]

you need to get a Statement of Reasons for Decision from the Court / Tribunal.

Maybe Schedule 2 was omitted from Medical report

[Harnell32]

Thank you everyone for yer replies I will contact the tribunal to ask for reasons and then contact citizens advise to see what they say

[Dotyy]

Hi, I urge you to not give up as Atos and the like have become notorious for complacency verging on dishonesty when it comes to assessments. It has been documented in the media their ludicrous scoring system and the fact they do not take into account supporting letters. Also get as much medical letter even for other conditions your husband currently suffers. CAB a good idea and info online. Best of luck.

[Harnell32 in reply to Dotyy]

Thank you and yes you are right when my husband had he’s ESA assessment the Atos lied in her report, twisted everything he said. It’s so unfair how they do this to people, it’s a disgrace. I’m not gong to fill in the change of circumstances form as mentioned above till I find out if The DWP were right to put my husband in the work group. I’m going to fight all the way

[shaza1966]

Hi Harnell32 , i have been on disability allowance for many years now and i have just recently had my interview for applying for P.I.P . i fortunately had an ex nurse who interviewed me and was a great help . I received my letter from P.I.P saying that they are allocating me full payment . As you know It is all based on points system and i scored 19 out of the 10 daily living activities i then scored 12 on the 2 mobility activities. If you want to talk more in depth with me on this here is my e-mail . [e-mail] .

[cazer in reply to shaza1966]

hi ive just had a letter to say my dla is finishing and do i want to apply for pip.... post transplant 11 months but still have lots of problems and long term fatigue issues etc etc... any advice welcome.. thanks.