esa appeal

coco67

i got a letter the other day saying my appeal will be in august some time which was ok as i still have not got my copy of the medical report so i will have time to sort that again and ask cab for help, just had a letter saying my appeal is 10 june. omg what do i do how am i ment to be able to fight this if i still dont have any report panic

elainebadknee

Coco

Okay, breath....You will get the report and i take it youre seeing someone at CAB? A lot of times they look at your case again and something may happen, they may look at your case again and you may not have to attend appeal....On the other hand you may not but lots of times they want to avoid cost of appeal....
You need to see your CAB advisor or if its a community legal solicitor then they can hurry things up.....

Good luck and im sorry youre stressed out.

Elainex

coco67 wrote:

i got a letter the other day saying my appeal will be in august some time which was ok as i still have not got my copy of the medical report so i will have time to sort that again and ask cab for help, just had a letter saying my appeal is 10 june. omg what do i do how am i ment to be able to fight this if i still dont have any report panic

coco67

Thanks Elaine, i rang the appeals board, the appeal is set for the 10th june for definate, ive told them i have not recieved a copy of my report yet and cant do anything to defend myself if i dont know whats wrong with the report, she said the date cant be changed and they havent got a copy yet either. is this normal, there is 2 weeks monday to sort this out and a bank holiday inbetween. im trying hard to not panic but the anxierty is high anyway at the moment. breath !!!!!!!!!!!!

thankyou for replying to me elaine i appreciate it xx

roses1

Hi Coco,

answered you in the cafe just giving you some more (((((hugs)))

Rose x

elainebadknee

Coco

Am i right in thinking we are talking about the big report from the person who saw you for your esa medical? If so then they should be able to send you this as its all connected dwp/esa...I got mine sent to me and it was like war and peace held together by treasury tags...Mine never went to appeal though, it got overturned before that happened...
Someone somewhere must be able to help you, again id see the CAB or ring up dwp or atos....Its all about speaking to the right person...And in answer to your questions i dont think this is normal for this to go ahead with less than 2 weeks to go, i could be wrong but i get a feeling about this something isnt right...
Im not surprised youre stressed out...Maybe ring the advice lines here at ac?

Hope you get some answers...Youve been mucked about a bit havent you?

Elainex

coco67 wrote:

Thanks Elaine, i rang the appeals board, the appeal is set for the 10th june for definate, ive told them i have not recieved a copy of my report yet and cant do anything to defend myself if i dont know whats wrong with the report, she said the date cant be changed and they havent got a copy yet either. is this normal, there is 2 weeks monday to sort this out and a bank holiday inbetween. im trying hard to not panic but the anxierty is high anyway at the moment. breath !!!!!!!!!!!!

thankyou for replying to me elaine i appreciate it xx

frogmorton

Hi Coco

straight away get on to CAB and get their advice.....

I am wondering why they can't give you the copy either and think you may be being treated unfairly....was Dorcas appealing ESa or DLA when she involved her MP??

Just a thought

Love and good luck

Toni xx

GollyStephens

Hi Coco,

My name is Golly, and I am very new to this forum, I am sorry that you are so upset about your pending appeal and I would like to offer some of my experience and help regarding this matter. I know how upsetting this can be as I was in an ESA appeal myself a few weeks back. First I can tell you they are a lot more laid back than one might think. The judges are more understanding than one would think too. They are totally independent of the SS and Judges being human they often get upset with them due to their over confidence. Here are a few pointers, you will find that if you are very polite and respectful towards the Judge and the Tribunal they will immediately become your friends. They will offer support and time for you to compose yourself.

If you cannot get your reports on time don’t worry, write as much as you can about your condition and leave nothing out no matter how small and most importantly, but very difficult to do, try and explain your personal feelings about it all. Write a letter a week before to the tribunal explaining that you have still not received your paper work but offer what you have written down as an explanation of what you want the Tribunal to take into consideration regarding your appeal. It is always important to include everything in your letter because if you have to ask for a review it is often later we want to put things in we wish we had from the beginning.

The most important thing to try to make clear just what you feel the SS did wrong in accessing your claim, this might be the doctor who assessed you did not give you time to clearly think while being examined or it might be the doctor was dismissive or not interested. We must all always remember we are human too and we have some rights and rights to say if we feel intimidated or abused.

I would urge not just you Coco but all who are having an appeal to consider this: -

If you are going for an appeal for DLA or ESA It is worth adding to your claim that the Department of Works & Pensions or SS Department dealing with you have failed in a Duty of Care towards yourself. How so you might ask Coco. Well it’s like this under English law and similar in other countries all of us have a Duty of Care towards each other meaning our neighbours, but not confusing that with the people next door but more those around us in society at large but there is a more profound effect in this at the point we ask for help or assistances or in deed in a case where the DWP or SS offer you a benefit. In any case they then automatically adopted the responsibility of this Duty of Care.

It would be worth arguing a case in your appeal that the DWP have in fact created a worsening of your situation by failing in their Duty of Care towards you. Subjecting you to the unnecessary stress, worry and anxiety of testing your disability or illness after your own GP had said you were unfit and unwell and could not attend work. Failing in the basic principles of care and your needs is against the law and the DPW should not be aloud to be above the law – I urge you to bring them to account for their actions.

Now for the big day as I said you will find the Judge very calming and he or she will seem like he or she is on your side of which they probably are. If things are not ready and you have told them all you can they may adjourn the hearing so things can be put straight for you. This funny enough is what happened to me, I turned up with out any representation and the Judge straight away understood how I was in a bit of a mess and he set it aside for me to contact CAB to get things going. I am due back on the 20th of July.

Try to do this when you going into the hearing don’t say good morning or afternoon, by all means say hello they will probably ask you who you are and then again they might not. Be clear spoken and remember all the Ps and Qs, you know Coco Judges like that, call them Sir or Madam, if things are not ready it might be good if you tell then right away, just say excuse me Sir or Madam - If it pleases you may I explain I am very nervous and I am very sorry but all my paper works is not ready but I did write to the court ob DATE. Have a copy of what you sent ready to show them in case it has had been lost somewhere. Explain to them how this has been so upsetting for you and how it has effected your health.

There is a simple rule in these situations try to be yourself, always speak the truth as you understand it and don’t be afraid to ask for help, in the entire room you will be in if you ask for help I can assure you the Judge will be the first to offer it.

Coco I truly hope things go well for you as I am sure they will but remember when your reports have come and you walk into the hearing all what I have said here will still apply be truthful and honest as you understand that to be and you will not go far wrong. But remember there is honesty and then there is honesty, the SS will try to trap you and put words into your mouth don’t let them say what is wrong with you tell them as you understand it all and You know Coco the Judge will see through them and he or she will know when you speak about yourself that you know yourself best.

In finishing I cannot say what the out come will be but I can tell you it will not be as scary or as unfair as you might think it’s going to be after all you not dealing with the DWP or the SS it will be the Tribunal and a very, very fair Judge and you may not even have to say a word. Smile.

Yours Golly.

coco67

thank you golly, your reply is appreciated and i will try my best. i havent seen you around so id like to say welcome, and i hope everything goes well for you.

GollyStephens

Thanks for the welcome Coco, and I hope everything goes well for you too.

Yours Golly

skezier

Hi Coco,

Golly has given you some really good advice there and hopefully it will help. Fingers crossed and will be in your pocket if needed. ((((( ))))) Cris xx

valval

hi i do hope it all comes together for you i know you will be scared but we will all be in your pocket just incase you need us . it does make you wonder if it the government putting pressure on to get numbers down how come they could bring if foward from augest all of a sudden seems strange but at least it will be over and done with quicker good luck hugs val

elainebadknee

Hi Coco

Youve had some really good responses to this post and im sure you maybe have a clearer plan in your head of what you can do even without the report. I suppose if they dont send it then that's something you can bring up and point out that its something else they have failed to do in your case so in a way its another thing to bring up against them.
Im hoping youve had a better day and feel better...

Elainex

coco67 wrote:

thank you golly, your reply is appreciated and i will try my best. i havent seen you around so id like to say welcome, and i hope everything goes well for you.

Compositor

Hi Coco, Good Luck, I know it isn't easy, but, go for it. There's been some really good advice in this thread particularly from Golly...I was involved in a Tribunal many years ago, I had some representation and it was of great help, but, individual people, individual cases, I really do wish you well. John x

remixmum

Hi Coco.

Great advice from Golly.

I had my tribunal today having failed to atos medical last june.

There was a clerk of court, a lawyer and a doctor there and everyone was lovely (I was rattling with nerves) as I had no legal representative or paperwork.

The lawyer said that they could only base a decision based on how I was last June and no new evidence would be considered. The problem is that last June I was being treated for depression and I thought the pain was a psychosomatic symptom, not that the other way round :roll:

They gave me a copy of the report from last year and the doctor asked all the questions, and I answered honestly that most of the depression appeared to be pain related, and it now made sense with the RA diagnosis in January, I was also asked which meds I am on.

After about 20 mins or so they thanked me and asked me to leave the room and they would call me back when they had a decision. Idiot that I am I took this to mean go home and they would write to me.

I was waiting for the lift when the clerk came to get me to say they had a decision and they wanted to see me again.

On the way back in the room the clerk said to me that I had done really well, I went back in the room and they told me that the decision went in my favour and my appeal had been granted

Please dont worry if you dont have paperwork as they will provide you with a copy, but if you cant get a legal representative, just bring a supportive friend.

Geri xxx