anyone has an esa appeal in court

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Found 25th Jan 2015
an experience in court esa appeal what happens
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I suppose they just ask you about your illness or disability. If you're honest it shouldn't be a problem, should it?
deeky

I suppose they just ask you about your illness or disability. If you're … I suppose they just ask you about your illness or disability. If you're honest it shouldn't be a problem, should it?



The fact it's ending up in court suggests they've been to a Work Capability Assessment and they've been declared "fit for work", but as we know loads of people have actually died within weeks of being declared as such.

OP is no doubt concerned about the possibility of being forced to seek work, and having their benefits sanctioned etc if they fail to.

What have they asked you to provide in the way of evidence? That's likely to be the deciding factor. Have health professionals involved as much as possible such as your GP in getting the evidence together for you, such as a letter.

The way the benefits system is being run is disgusting. We should have a Universal Basic Income like that proposed by the Green party and be done with this bureaucracy and simply trying to find excuses to stop giving benefits rather than helping people. There are currently more people with their benefits sanctioned, than there are jobs available.
dont worry. i chaired one of these during legal training. normally theres a chairperson and his/her assistant on one side of the table and you and your advisor (if any) on the other side.

the chair person will address the points raised and you will have the opportunity to provide evidence against these points.

you will need medical certificates, personal day-to-day diary, photos to show how"unfit" you are for work. evidence of physical and mental state is required. provide a intense explanation of your specific disability/disorder i.e what it is and how de-abilitating it is

good luck


Original Poster
have always worked till couple of years ago had an accident left me quite disabled, then last year fell badly now need two new knees , but am too young, can barely walk, use a walking stick, can not knee squat or sit for more than 30 minutes when legs crack and give way when I try and stand,also suffer major depression and panic attacks. had my esa medical , could barely walk up corridor to room, struggled to get on couch to be examined, nurse saw pain I was in trying to lift legs and move about.she typed up no pain etc like I was a marathon runner in training.was asked for a letter off my gp he supports me did me a letter before I could post letter to court my court date came evan though they said I had 28 days to get gp letter. can not believe it had come to going to court fingers crossed
suescott58323

have always worked till couple of years ago had an accident left me quite … have always worked till couple of years ago had an accident left me quite disabled, then last year fell badly now need two new knees , but am too young, can barely walk, use a walking stick, can not knee squat or sit for more than 30 minutes when legs crack and give way when I try and stand,also suffer major depression and panic attacks. had my esa medical , could barely walk up corridor to room, struggled to get on couch to be examined, nurse saw pain I was in trying to lift legs and move about.she typed up no pain etc like I was a marathon runner in training.was asked for a letter off my gp he supports me did me a letter before I could post letter to court my court date came evan though they said I had 28 days to get gp letter. can not believe it had come to going to court fingers crossed



good luck and send them the letter anyway, these pen pushers are a law unto themselves, we get housing benefit, when him indoors got a new job it stated he had a month to prove income, fine he thought I am paid ever fortnight I'll just send them my first payslip (zero hour job) a couple of days later got a letter saying housing benefit payments suspended as they had been informed he was no longer unemployed (yes he told them that when asking what he had to do next now he had a job with a pretty random salary).
Yes I been to one.
Lets start at the beginning.
You said you walked to the interview room.That was the biggest mistake you made.
I had a friend hold me up as I walked in took about 15mis to get to the room.Comment on form was cant understand why I was being held up by friend and why I was holding onto wall.
The facts are simple unless you die on the floor in front of them you a fit for work.
When you started this you filled out a form etc.
They ask do you need a home visit I assume you said yes.This is a con.They will not attend your home without a strongly worded letter form you doctor etc and only if they feel like it-but do not inform you of this fact.
Found this out later.
Went to a small tribunal in welling. Took 11 months to get this date from appeal.
Was called into a room with 2 people a doctor and a judge at the table and a third at a desk by the door a clerk I think.
The doctor asked about my condition etc and meds I was on.
He then asked how got there and I said a friend drove me and pushed me from the car park in my chair as I could no longer walk.
He then came to the main issue walking and said {at the time of the assessment could you walk unaided ? } I said no I had a friend holding me up.
He then changed the question to could I walk down the street out side for say 10 meters unaided.
I said no I can hardly stand on my own let alone walk 5 steps.
Its very informal and your seen by a doctor with your records in from of him so make sure they have everything you have.
I was shown out at 16.45pm and told I would get their decision soon.
I did next day.All good for me.
For the record I needed two new hips and have osteoporosis of the spine.
now for the info you need.
They have 2 types of centre.one where you can walk in.
And one where you cant.

The first centre has an office on the first floor and states that due to health and safety you cant enter in a wheel chair due to fire risks and the lift. If you walk in you fail........

The second centre had a reception on the first floor accessed by lift and interview room on second floor accessed by same lift ????? but no sign of health and safety. Its all a big lie.If you walk in you fail........

If you a successful and get ESA support group I think its classed as.
You can then claim PIP
It was disabled living allowance motability and blue badge now rolled into one.
Also you might get the warn home discount scheme £140.00 towards your gas bill.

I know it a bit long winded but this is the short version but if you need any more help pm me ok.


bigwheels

Yes I been to one.Lets start at the beginning.You said you walked to the … Yes I been to one.Lets start at the beginning.You said you walked to the interview room.That was the biggest mistake you made.I had a friend hold me up as I walked in took about 15mis to get to the room.Comment on form was cant understand why I was being held up by friend and why I was holding onto wall.The facts are simple unless you die on the floor in front of them you a fit for work.When you started this you filled out a form etc.They ask do you need a home visit I assume you said yes.This is a con.They will not attend your home without a strongly worded letter form you doctor etc and only if they feel like it-but do not inform you of this fact.Found this out later.Went to a small tribunal in welling. Took 11 months to get this date from appeal.Was called into a room with 2 people a doctor and a judge at the table and a third at a desk by the door a clerk I think.The doctor asked about my condition etc and meds I was on.He then asked how got there and I said a friend drove me and pushed me from the car park in my chair as I could no longer walk.He then came to the main issue walking and said {at the time of the assessment could you walk unaided ? } I said no I had a friend holding me up.He then changed the question to could I walk down the street out side for say 10 meters unaided.I said no I can hardly stand on my own let alone walk 5 steps.Its very informal and your seen by a doctor with your records in from of him so make sure they have everything you have.I was shown out at 16.45pm and told I would get their decision soon.I did next day.All good for me.For the record I needed two new hips and have osteoporosis of the spine.now for the info you need.They have 2 types of centre.one where you can walk in.And one where you cant. The first centre has an office on the first floor and states that due to health and safety you cant enter in a wheel chair due to fire risks and the lift. If you walk in you fail........The second centre had a reception on the first floor accessed by lift and interview room on second floor accessed by same lift ????? but no sign of health and safety. Its all a big lie.If you walk in you fail........If you a successful and get ESA support group I think its classed as.You can then claim PIP It was disabled living allowance motability and blue badge now rolled into one.Also you might get the warn home discount scheme £140.00 towards your gas bill.I know it a bit long winded but this is the short version but if you need any more help pm me ok.



Just read your post and your symptoms and just goes to prove what s***s ATOS and the current system is - someone who needs replacement hips osteoporosis of the spine is found "fit for work".

Like others (and myself have said - so long as you can raise an arm and wave your hand you are "fit for work" which is totally rubbish and people (in support of this government) wonder how the jobless figure is reduced.

Yes I'm all out for getting benefit scrounges from scrounging - you can see loads on those tv documentaries. I'm all out for getting drug addicts off benefits but ffs any person who has a proper medical certificate issued by a medical practitioner (doctor) that has declared "the patient is unfit to work" then the patient must be unfit to work and if that patient is considered fit to work then it's the doctor who needs to be questioned/challenged before any benefit allowance is questioned.

Banned
Just to clear a couple of things up mentioned above, you don't need to be on ESA to apply for PIP, and if you haven't already applied for it, I would now, as it takes months.
The medical sick note is to say you are unfit for your job, not unfit for any work, as an extreme example, if you were a cross country runner and broke a leg, your doctor would give you a sick note. What the WCA looks at is, are you fit for work, but not specific to what your last job was. Having a broken leg wouldn't stop you working in a call centre, so you would fail the WCA if that was the only problem you have.

Its not court you're going to, so don't think its something thats going to be scary, its very informal.
Get a copy of the healthcare professional's (yeah I know!) report
Get a copy of the decision makers report and the mandatory reconsideration report if you can.
Definately send your doctor's letter in, photocopy it and take a copy with you in case it 'gets lost' before the hearing. Presumably you have a consultant - get a letter from him too.
Go through the descriptors one by one, so you have it clear in your head what they are looking for.
Remember, and this is probably the most important, they aren't there to see if you're sick, they are there to see if you are fit for work, and/or fit to take part in work related activity, theres a big difference.

As for PIP, plenty of people get it who work, that is based on if you need help with care and mobility, it has nothing to do with being fit for work. If you apply for it, some of the descriptors are similar to the ESA ones, but word your answers differently, for example, ESA don't care if you need help getting in and out the bath, whereas you will get points in the PIP test for that.

When is your appeal being held?

Hope that helps.
Edited by: "davey369" 25th Jan 2015
as stated above this is nothing to do with your health, it is about getting u off a benefit, almost 1 million ppl have been removed form a benefit due to this system, and do not appeal

BUT

many like you op go to the next part of the assessment and win!

you are not going to court, it is just a room with three nice people a Judge, a Doctor and a clerk,

I went to support a family member who has to use an oxygen tank due to lung disease, at her first assessment she was told she was fit for work, she could get a job doing data input on a computer as the oxygen tank could just sit on the desk!

We went in and the judge and the doctor were shocked she was there, they asked if the oxygen tank was new, had the need happened after the assessment. We were in there 10 mins, then asked to wait in the waiting room 15 mins later we were told DLA would be paid.

ARSOS or what ever they are called, get paid £50 extra for every on the say is fit for work
Original Poster
thank you all for answers and support was in court today, it went well got esa granted judge said from way I was crawling in with stick and leaning on wall I should never of gone to court. they used my gp letter and how bad my mobility was.ATOS are a waste of time .
Banned
excellent, glad it went in your favour
if you haven't already, apply for PIP
Original Poster
already on dla high mobility low rate care evan judge said surely if I get that why was I in court for esa .
Banned
ah thats good
when you (finally) get the award letter from the dhss, check the dates are right, they have a habit of only backdating to either the tribual date, or the date the MR was refused, thats wrong, it should be backdated to the 14th week of the claim, or when they took you out of the support group / WRAG depending on your circumstances. If you need any help feel free to PM me

Also, don't be surprised to get an appointment at the jobcentre in the near future, don't forget if you're in the support group you shouldnt have to go in most cases. Or you might be getting a new medical.
Edited by: "davey369" 30th Jan 2015
I Was due my esa medical at the same time as pip medical within a week or so.Granted dla highest rate and motability at higher rate.then low and behold esa sent me a letter all is fine no medical needed ????.they don't dare find u fit for work after pip ruling.
Also make sure you get the right payment it should be £247.40 every two weeks for support group.
I think from memory a letter I got stated.call us ie job centre if you need help to find work.
A quick look at Google about letter and comment say only the mentally retarded contact them.
Banned
bigwheels

Also make sure you get the right payment it should be £247.40 every two … Also make sure you get the right payment it should be £247.40 every two weeks for support group.



That depends on if you get any premiums, basic rates are:

up to £101.15 a week if you’re in the work-related activity group
up to £108.15 a week if you’re in the support group

Premiums
enhanced disability
single 15.55
couple 22.35

severe disability
single 61.10
couple (lower rate) 61.10
couple (higher rate) 122.20
Edited by: "davey369" 30th Jan 2015
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