I first claimed ESA in August 2009 at the insistence of DWP as no employer was prepared to take me on due to OA of both hips, shoulders and elbows, to cut a long story short at the first medical in September 2009 i was awarded 12pts so having failed the ATOS test i appealed. It took almost a year to come before a tribunal and during the waiting time the OA had slowly become worse and was confirmed by Xrays yet the Tribunal could only consider the evidence availble at the time of the appeal and although both the Judge and Doctor agreed my condition had become worse they could not allow my appeal. Well as the condition had become worse i immedialty applied for ESA again and had another medical courtesy of ATOS in November 2010 in which i scored even fewer points and only scored 6pts, medical evidence from my doctor and consultant was produced at the medical but the Nurse declined to look stating that she did not need to see them.
So of course once again i appealed and it was heard 9 months later on the 10th August 2011 and after an introduction from the judge and doctor and a polite conversation about items in general i was told by the judge that i had won my appeal and i should expect a letter from DWP inviting me to attend another medical as that apparently is now the norm if a decision form the DWP is set aside.
Well my message basically is it may take some time but at some point of you are a geniune sufferer of OA as i am then stick with it as at some point someone will say now come on lets stop being silly and do the right thing....................because had i failed an appeal again then i woiuld have just gone back into the benifit sausage machine turn up for my first appointment for JSA see that i have obviously a health problem! probably given away by my stance and my trusty stick and it will not have been the first time i have heard an advisor state " JSA is not for you i will put your claim in straight away for ESA.......................Ahh here we go again.
So just stick with and it will come right in the end.......................i just look forward now to the expected medical re-examination lol??????