Esa tribunal - Success!!!

I can't remember if I posted here previously about failing the medical for ESA. Well I applied for an appeal and ticked the box that I wanted to go to the tribunal coz I felt I wouldn't be heard if I didn't.

I've spent months worrying about the tribunal, about losing my money and not having enough evidence to back me up. I had to wait 9 months and was told I'd be written to this month to be told when the appeal was. I got a letter out of no where this morning telling me that they've decided at an appeal (in my absence) that i AM allowed ESA :D :D :D That was a lovely letter to get this morning.

I just wanted to let you all know the outcome for others who are going through the same process. I've been placed in the work activity group but its a good start. Plus in the next few days I will be receiving almost £700 back pay :D

Quote:

---

Originally Posted by Emz

I can't remember if I posted here previously about failing the medical for ESA. Well I applied for an appeal and ticked the box that I wanted to go to the tribunal coz I felt I wouldn't be heard if I didn't.

I've spent months worrying about the tribunal, about losing my money and not having enough evidence to back me up. I had to wait 9 months and was told I'd be written to this month to be told when the appeal was. I got a letter out of no where this morning telling me that they've decided at an appeal (in my absence) that i AM allowed ESA :D :D :D That was a lovely letter to get this morning.

I just wanted to let you all know the outcome for others who are going through the same process. I've been placed in the work activity group but its a good start. Plus in the next few days I will be receiving almost £700 back pay :D

---

Thats excellent news, well done.
I had a similar sittuation, i am very unwell and have been for 2 years, i do have anxiety issues, but that is not the cause of my illness, i have m.e, low vit b12 and i may have an underlying auto-immune disease, but this is being looked into some more. I had to go to a medical as part of the esa process, which for me is very difficult as i am pretty much bedbound, but i got there, almost collapsed as they walked me down the longest corridor ever, i managed to sit in the chair for all of a minute and a half, and then had to lay on the bed in the room, due to my sever dizzyness and exhaustion, the lady asked me if i would like to continue or re-schudule i told her i wuld prefer to continue now as it would be very difficult for me to manage the journey again. She proceeded to ask me the mountain of questions, but she said, she would not do any of the physical things ie sitting to standing stretching up etc as sh could clearly see i was in no fit state. We travelled the journey home, all of this took me a good few weeks to recover from, i eventually got the outcome of my medical and i was placed in the work related activity group, which would be fine for the first six months, but they stated that they felt with a little support within a year would be fit to return to work, how they could decide this was beyond me. so i decided to appeal, i requested a copy of the report from the medical and i was absolutely fuming with the way the lady had represented me on the paper work, and the form totally contradicted itself, as she was stating how unwell i was, and was extremely limeted on what i was able to do, but didn't answer any of my questions, as part of my appeal, i wrote my full answers on the form next to what had been written by the assesor on the day. it was a long process for me as they lost all my paper work and i had to start all over again, which caused alot of stress, as i was being contacted and told i had to go for work realted support meetings, which is ridiculous as i need my husbands help just to get to the loo, i explained about my appeal process, but was told that if i keep cancelling my money would be reduced or possibly stopped, but lucky for me, they were short staffed and cancelled the last few appointments they made, and then eventually i got the good news, it didn't need to go to appeal, and they said i should never been of placed in that group, they put me in the support group, which i will remain in untill my health improves.

I know there are lots of people with issues over ESA but my advice is if you don't agree with the descision they make, first ask for a copy of the medical assesment form, have a good read through what they have written, and if you still feel the descision is wrong go for it and appeal, it can be stressful and takes time, but can for some be worth the effort

x:bighug1:

That is really good news, Emz!
Well done for appealing and getting what you rightly deserve plus the back pay!
You must be very relieved and happy. x

Well done and great news. My appeal date has been bought forward, amazing what happens when you write to the Prime Minister.

Not sure if I will be able to attend but have done lots of research and the Human Rights court are helping me.

I want to be able to cope with anxiety not them adding to it lol.

Pleased for you though and thank you for sharingx

Hi All,

I am going through the medical for esa soon as I have been sent the questionnaire to fill in and return. It doesn't seem to be a very nice experience .... luckily i have a friend who is prepared to take the time off work to take me there and stay with me. I have GAD, panic attacks and severe Tinnitus with Hyperacusis ( i get pain in my ears from traffic, road works, tannoy announcements and other nosies which disorientates me and makes me panic).
What I'm wondering is, if I get turned down would anyone be able to give me advice about a appeal?
It has taken me days to fill out the form and I'm hoping to get a medical statement from my Dr on monday to enclose with the questionnaire then I can post everything straight away. I am getting even more anxious about the medical (on top of everything else)!

Thank you and take care
Julie x

I'm of the opinion that they reject the vast majority of cases at the first pass and expect the serious ones to appeal. Totally flawed logic imo as the really serious ones are too stressed out to get involved in the appeal process.

Personally, I had the medical and was then rejected. Unbelievably,
I'd say as the medical happened to be on one of my very bad days and how they could claim I was fit for work was flabbergasting. I appealed and was instantly awarded more points and the decision reversed.

Bottom line: a very cynical nasty system I think. If you get rejected then go to see your local citizen's advice, get them to fill out an appeal for you and you have a good chance of it being reversed without you even having to attend.

Quote:

---

Originally Posted by Emz

I can't remember if I posted here previously about failing the medical for ESA. Well I applied for an appeal and ticked the box that I wanted to go to the tribunal coz I felt I wouldn't be heard if I didn't.

I've spent months worrying about the tribunal, about losing my money and not having enough evidence to back me up. I had to wait 9 months and was told I'd be written to this month to be told when the appeal was. I got a letter out of no where this morning telling me that they've decided at an appeal (in my absence) that i AM allowed ESA :D :D :D That was a lovely letter to get this morning.

I just wanted to let you all know the outcome for others who are going through the same process. I've been placed in the work activity group but its a good start. Plus in the next few days I will be receiving almost £700 back pay :D

---

Hi i went to my tribunal 3 weeks a go they put me on the work related benefit may i ask you how long did you have to wait for them to put you money up and for your back pay

---------- Post added at 18:20 ---------- Previous post was at 18:04 ----------

does any one know how long it takes for them to send you your back pay thanks

I won my appeal 2 and a half weeks ago, my payment has been backdated and issued today and I will have £1528 going in the bank :)

Man on the phone says usually takes around 6 weeks so he was surprised it had already been done.

i have been waiting since last march for my tribunal because there is a long waiting list. i am so relieved to hear of people winning their appeal because i am starting to panic now so its given me hope

One thing I would say about appeals and tribunal is always attend yourself if you can, although very stressful, it helps if they can see you, and see how your condition affects you. Also when filling in the ESA50 try to get professional help. I went to a place called Riverside advice for mine in Cardiff, they filled the form in, and after having my assessment I am now awaiting the result, but if there are problems, these people will sort my appeal and represent me, which is a relief and a comfort. Never underestimate the ATOS staff, if they can get you off benefits, they will. At my assessment, I took 2 letters (from Doc & Psych) and a further 5 appointment letters from other places that are helping, and the lady I saw didnt even bother to read them, but luckily the DWP will have to read them once she sends her report.

I was placed in the work related group of esa.
A few weeks latter I received a letter telling me I had to attend a work related interview at the local job centre which is 11 miles away from my home.
I was told I would have to attend these interviews at least once a month.
The letter also stated I would lose my benefits if I did not attend

I was almost hysterical on reading the letter as I have been agoraphobic for 26 years and can not even go to my doctors surgery and have to have home visits. I also have severe asthma.

I rung up the job centre in tears but the lady could not care less about my not being able to leave my house and told me I needed to attend or lose my benefits.

I left it a hour and rung again and got a different lady and told her 5 weeks ago I had put in to go to appeal. She then said I would not have to attend these interviews as I was waiting to go to appeal which would be about a 9 month wait.

I wrote a letter that day to the job centre telling them that could they please write back to me as soon as and tell me how they would suggest I get to any interviews when I can not even go to my gp surgery.

A week latter I got a letter saying I would not have to go to appeal as they have looked at there decision about placing me in the work related group and they have no changed there decision and placed me in the support group. .