E S A tribunal appeal?????

[henrythewasp]

Has anyone been to a tribunal appeal at Nuneaton in Warwickshire uk's Justice Centre? if so what should i expect as i have one coming up.Just to clarify,i was on Income support and went for a follow up medical which i failed due to the Atos professional (ha ha) twisting my words and writing something else,i am now on appeal and have been for over a year and getting a partial payment,during this time the name has changed to Employment support allowance..E S A..

[Schenks]

Hi htw, sorry to hear that you are having to go through the nightmare of a tribunal. You really need to understand what you can expect and what is expected from you. I have never been to a tribunal thank God, but the Benefits and Work website has invaluable advice for those of us who are suffering the horror and anxiety of being penalised for being unwell. I would strongly advise you to join - they have a reduced joining fee I think, but the advice is well worth the peace of mind knowing that you have been able to explain how your illness affects you day to day in a way that is necessary for the decision makers to be able to use.

I wish you well,

Steph

[silverfox7]

Sorry can't help you but wishing you every success. Let us know how you get on.

[justjane23]

Hi

I went along to my fathers on Monday although in Scotland but I believe they all follow similar formats. There was a judge and a doctor. The doctor did most of the talking asking his history etc which the assessor previously did not bother to do. It wasn't bad and lasted about 30mins then he was sent out for around 5-10 mins then brought back in to be given decision. His appeal was successful so we were very pleased. Do not go alone ensure to take someone into the room with you try even to get someone from cab to go to speak for you. Get your support person to take notes throughout as only you can only appeal after this on the basis they have done something wrong from a legal position

Hope this helps

[breeze6969]

morning,i had my esa medical at crewe the same happened to me , one appreal took over 9 months lost my money in the end ,end up on my wife claim , the medical was a nurse when I get the reply nil points and things written down which was not happen,keep trying and the best of luck

[sazzyb]

I echo what Schenks wrote, join Benefits and Work, lots of professional help on there. It took me 2 years to fight for my hubby's benefits and he'd broken his back. ATOS - brought in by Labour in 1998, hopefully gone shortly!

[Hidden]

ATOS is paying a financial penalty to exit their contract early - but that is of no comfort to those already caught up in the system.

This case highlights what i have personally experienced, so called professionals (NHS Gps, employers' OH people and others in postitions of trust) manipulating medical information and medical records to suit their own agenda. It is sickening - pun intended

[Kd21]

Hi

Im a welfare rights officer. Do you have anyone to represent you at the appeal? I would recommend you go to citizens advice with all your paperwork. They can look at case law and challenge on your behalf. There will be 2 or 3 on the panel. They will ask questions regarding your limited work capability form and medical by ATOS! It will be based on your health at that time..

Any medical/professional reports will also help.

Remember it will all be based on then not now!

Hope this helps

K

[Totoro in reply to Kd21]

I would second this.

I had to appeal and had help from my local Advice Shop to fill in the forms and go to the appeal with me. It made all the difference as it all comes down to what the law says and you need help from someone who understands it.

Take your time at the appeal to think about questions and answer them. For example if you're asked "can you do X" the answer may be yes but the fuller answer (for me anyways) may be "yes but then I'd have to lie down for 2 - 3 hours".

Also if anyone every has an ATOS medical ask for it to be recorded. Everyone has that right and then if something is written up incorrectly you have proof of what was said.

Good luck with both your appeal and your health. I'm improving and hope to be working later this year, I wish you the same good fortune.

Totoro x

[henrythewasp in reply to Kd21]

Thank you Kd21.I cant find anyone that will represent me,i am still waiting for a call back 1 year on from my local wlfare rights so i have given up on them and Citizens Advice ha!...they said they can't help me! I have managed to get a neighbour to come with me,he has all my paperwork but i am worried he is going to steam in and make things worse as he has no legal knowledge in anything like this.I feel on my own and been given so much advice some from this site just to find the advice is no good,i keep getting turned away just the same as applying for PIP,someone on here put me intouch with an organisation in my area called MOSAIC who would help with my appeal and help fill out my PIP application.days before the deadline came and after many calls a person turned up from MOSAIC.i was helped to fill in the application and so it was sent off,i dont think intime either and after 3 months i have heard nothing! MOSAIC also told me they don't have anyone that can represent and you don't really need anyone, all i need to do is go in and give my side of the story....THATS FILLED ME WITH CONFIDENCE!......THATS WHY I AM IN THIS MESS!

[Kd21 in reply to henrythewasp]

PIP is taking months to be assessed! Call DWP and find out what's happening with it !!

Everything is taking much longer now! I worked for DWP for 20 + years and still have friends within the department.

Don't let this put you off!!! I know it's difficult but that's how they want it. I see too many people struggling and not on the right benefit!!! Makes me so mad

[serenfach]

I took a chart in showing my TSH results which were all over the shop. The Doctor on the Appeal panel glanced at it and said "You are on Thyroxine, you are fine". They then noticed the amount of pain killers I was taking for different things, and asked it I was forgetful. As I cannot remember which way is up most days, this scored me enough points as I would be a danger to anyone else in a work environment. ( I am a danger to myself in a sofa environment )

Good luck with your appeal, take your time and do not get flustered. Hug.

[Sandybeach1964]

I have suffered with Thyroid disease since i was 7 years old. Originally overactive until i had 7/8 ths removed. Hypo ever since, have most of symptoms and feel lousy even on meds. However i have never had a day of work sick due to this and Im 50 this year. Maybe because Im self employed I havnt had a choice but it does suprise me somewhat that people are on long term sickness benefits due to Thyroid disease?

[yorkshiregirl44 in reply to Sandybeach1964]

I have been unable to work for two years..this has not been a choice but impossible....benefits are not paid due to a condition but how that affects your ability to care for yourself and to work.

Thyroid disease affects every cell and every organ in the body unlike many conditions that affect a single organ....If someone had severe MS, dementia, athritus, depression, anxiety,panic attacks,insomnia, migraine, muscle weakness, spinal problems, cognitive disfunction,muscle wasting..i wonder if anyone would doubt they would not be able to work.

[scatterbrain in reply to yorkshiregirl44]

Yes, I am afraid people in those positions are faced with the same doubt/disbelief at atos assessments. One of my friends recently had his appeal tribunal, he was run over and actually died for several minutes, he was left with severe brain damage and cannot go to the local shop without getting lost or forgetting where he lives but was denied ESA - he won his appeal.

You need to look up on the internet work- related activity descriptors for ESA, make sure you get the latest version, it will be called ESA and then have a number after it, it is an official govt. ,document. If you fulfilled one of the descriptors for limited capacity for work related activity you are entitled to ESA. Look at any evidence you have from your doctor's/specialists and relate these directly to the descriptor where possible.

For example, if you cannot walk more than 50 metres and have medical evidence saying so put in your submission something along the lines of "I fulfill the requirements of descriptor number # as I cannot walk more than 50 metres, please refer to letter dated ****, from my GP , paragraph .....,line....." etc

Do the same for EVERY descriptor that may apply to you referencing each one specifically to medical documents where possible to give you your best chance of success.

Good luck with the appeal and let us know how you get on.

[Totoro in reply to Sandybeach1964]

Some thyroid problems are not diagnosed for many years so by the time people do get help it takes a long time to recover.

I was misdiagnosed with depression for almost 18 years (and on anti depressants which never worked) before I was diagnosed with an underactive thyroid. I was working for many of those years until I had to leave work due to ill health.

So yes, you can have this illness and work. If I'd been diagnosed when I was working and gotten medication then I would never have had to leave work. I lost my job, house and car plus many years of my life through this damn illness. But I'm grateful that I was diagnosed, it's frightening to remember how sick I'd gotten and think where I would have ended up. I'm also grateful that I'm improving all the time on T3 and aim to look for work later this year.

All the best,

Totoro x

[henrythewasp in reply to Sandybeach1964]

Sandybeach1964,i do not just have Thyroid problems,Thyroid desease does cause a lot of problems and it does not surprise me that so many people are on long term sickness benefit from it.I have worked all my life, was also self employed later running my own business,i am 50 this year also but was only diagnosed last year after beeing ill for so many and ignored even though i knew what it was as Thyroid desease runs in my family along with other illness's which i am gradually developing symptoms of and following a famillier family patern but again being ignored by GP's.

[sozo777]

HI CALL 01204221111 FREE SERVICE CALLED fightback!! THEY ALSO ON FACE BOOK.sound good free advice i failed at atoss like everyone else!! i won on appeal!! study the descriptors you should have been sent that paperwork its how you score points crazy init? DO NOT!!! go alone. think how you would be on your worst day and go by that!!! i have bipolar so mine is all mental. please look on face book type in fightback make sure its the sight about benefits your rights ect great sight full of tips. all the best to you. mark

[henrythewasp in reply to sozo777]

sozo777,is there any chance you can post a link to it on here as there are so many sites by that name.Thank you.

[henrythewasp in reply to henrythewasp]

Its ok i found it,sorry and thanks.Is that the right way around? lol.

[sozo777 in reply to henrythewasp]

HI its fightback.com/fightback4justice or try hhps://fightback/fightback4justice the fightback name is in blue and red

[Kd21]

Hi

Look at your paperwork highlight what you wrote and what they said!!!! Keep it simple. Challenge the obvious differences. The appeal panel appreciate that. Always talk about your worst day. If they ask can you do something... Don't answer with a "yes" say if I was to try/do that I would be exhausted, I would need to rest for X amount of time, have heart palpitations, be in pain, breathless etc., whatever your symptoms are.

Follow it up with something like " also the next day I wouldn't be able to do anything, I wouldn't get dressed/washed, I would be in my bed etc., "

Think beforehand how your illness impacts on your quality of life. Think of scenarios that reflects this.

I'm happy to help if I can.

How soon is your appeal?

I was I'll for 18 months before I went off ill ( not my choice, my employer was really worried about me) I then resigned 10 months later, they were a small company and I knew they really needed another worker.

I passed my medical but was put in WRAG!!!

Eventually I went back to work part time as welfare rights officer and it's been really hard. I'm exhausted but I try to rest as much as I can!

It's a horrible illness and unless you have it, people don't understand!

Feel free to contact me if I can help.

If you want I could look at your paperwork? I do appeals for ESA, DLA and PIP etc.,

K

[henrythewasp in reply to Kd21]

Thank you Kd21,what location are you? i am in Leicestershire just on the border of Warwickshire.