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ESA Appeal

Hi all
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??????
regards
Steve

Comments

  • angryangry Posts: 15
    edited 30. Nov -1, 00:00
    My wife has just recieved the medical report from the doctor who assesesd her for WCA test
    The report was inacurate biased and misleading
    The physical part of the test was not performed properly
    The was lies written and a complete fabrication of the truth
    so dont give in to all those people who are losing faith in the
    system APPEAL because the W C A test is a FARCE !!!
  • mellman01mellman01 Posts: 5,303
    edited 30. Nov -1, 00:00
    Another bogwoppit yeah!!!!!!!, hell I thought I was the only one on this planet who used that name/handle, I'm maybe be boring old mellman on here but on XBox live Modern warfare Balck OP's I'm the deadly silent assain known as bogwoppit###, to be honest I'm not that good at the game but the yanks love the handle, they also say I sound like Ron Weasly from Harry Potter!, how odd is that!?. :lol:
  • frogmortonfrogmorton Posts: 26,204 ✭✭✭
    edited 30. Nov -1, 00:00
    If you have time any of you to take a peak on the Living with arthritis forum you will see that ESA and appeals etc are a regular and recurring subject.

    It is hard to have the strength to appeal....with our health worries, but very often these decisions DO get overturned.

    More of us should appeal and if we have the strength let out MPs know...to me nothing will change without those who have the power seeing that the system is unfair and not working.

    Love

    Toni xx

    Bogwoppit Mell?? Got a mate who says that all the time...great isn't it?!
    Love

    Toni xxx
  • traluvietraluvie Posts: 2,579
    edited 30. Nov -1, 00:00
    I am in the process of putting all info together for my ESA appeal..My appeal is not going to be heard till after january next year due to the amount of appeals being lodged..
    Mine medical assesment was too made up of lies, lies and more lies..
    I have help of CAB and they are giving me strength to keep going..
    It's a shame as some people just don't have the strength to fight, not fair people have to be put through this awful process..
    th_tn_TisFORTIGGER.jpgxxTracyxx
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