had my esa tribunal today.

sbolam
sbolam Member Posts: 374
edited 8. May 2013, 10:52 in Living with Arthritis archive
Well I finally had my ESA Tribunal today and talk about the spanish inquisition. they were throwing so many questions at me I could not think straight, take the fact I was so stressed and nervous, and to top it off because they were running late they are posting me there decision..ffs..

still stressed

stephen
04_pain.jpg

Comments

  • Numptydumpty
    Numptydumpty Member Posts: 6,416
    edited 30. Nov -1, 00:00
    Oh Stephen, that sounds horrible!
    I'm keeping my fingers crossed for you.
    All the best,
    Numpty
  • villier
    villier Member Posts: 4,426
    edited 30. Nov -1, 00:00
    Thats awful Stephen and now having to wait for the outcome, keeping my fingers crossed it goes your way, it will be me next I am dreading it xx
    Smile a while and while you smile
    smile another smile and soon there
    will be miles and miles of smiles
    just because you smiled I wish your
    day is full of Smiles
  • sailrib
    sailrib Member Posts: 327
    edited 30. Nov -1, 00:00
    Got my fingers crossed for you. Keep smiling.
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    well got my decision back..and I am cured went from 6 points to 0 they have ignored everything I said.

    according to them I can mobilise 200 metres using a wheelchair and or a combination of walking and other aids..my god I don't even use a wheelchair.

    I am so mad. and I don't have a clue what to do now.. I am waiting for a member of dial to phone me in the next couple of days to see if I can appeal to the upper tier tribunal.
    04_pain.jpg
  • villier
    villier Member Posts: 4,426
    edited 30. Nov -1, 00:00
    Awe Stephen I am so sorry they are a shower of utter b******s it just makes you so angry that genuine people are getting treated like this, hopefully dial will be able to help you, good luck my friend you know we are all behind you.......................tc.....................Marie x
    Smile a while and while you smile
    smile another smile and soon there
    will be miles and miles of smiles
    just because you smiled I wish your
    day is full of Smiles
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Sorry to hear this Stephen they used the wheelchair thing with me too and I haven't gone to the appeal hearing yet, seems to be a common thing to say....Sounds like you ought to have had presentation for yourself...

    Elainexx
    sbolam wrote:
    well got my decision back..and I am cured went from 6 points to 0 they have ignored everything I said.

    according to them I can mobilise 200 metres using a wheelchair and or a combination of walking and other aids..my god I don't even use a wheelchair.

    I am so mad. and I don't have a clue what to do now.. I am waiting for a member of dial to phone me in the next couple of days to see if I can appeal to the upper tier tribunal.
  • tkachev
    tkachev Member Posts: 8,332
    edited 30. Nov -1, 00:00
    I think they are trying to say you could travel 200 metres in a wheelchair if you had one, a decision they make just by looking at you.

    Definately appeal. most people are forced to nowadays.

    All the best
    Elizabeth x
    Never be bullied into silence.
    Never allow yourself to be made a victim.
    Accept no ones definition of your life

    Define yourself........

    Harvey Fierstein
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    I would not mind, but I already had 6 points for meeting that descriptor.
    I was actually arguing that fact that I got 0 points for sitting and standing when the nurse has mentioned in the report I had to get up after 20 minutes because of pain and the fact I can only stand for a maximum of 10 minutes I should have had 9 points..

    and as for the wheelchair thing. there is already case law out there about this and it should only apply if they have reason to believe I could use a wheelchair and they are supposed to state there reasons. and none have been given.

    I was not even arguing over the distance I could walk.

    Stephen.
    04_pain.jpg
  • Numptydumpty
    Numptydumpty Member Posts: 6,416
    edited 30. Nov -1, 00:00
    None of it seems to make much sense.
    Good luck with whatever comes next!
    Numpty
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    well I have spoken to a nice lady at welfare rights and been advised to write to the tribunals service and ask for a statement of reason for the appeal refusal. once we have this we can then appeal to the upper court.

    in the mean time I can reapply for esa as its been longer than 6months from the atos decision.

    light at the end of the tunnel after all and on top of that my doctor was more than happy to issue me another fit note along with copies all the letters from physo, consultant and so on. and with no charge.

    happier now
    04_pain.jpg
  • toady
    toady Member Posts: 981
    edited 30. Nov -1, 00:00
    Oh good :) sounds like a port in a storm after the tribunal palaver. Good luck with it and glad you've got a decent dr behind you in this.

    What was the tack of the tribunal when it came to the sitting & standing issue then? I know you say they quibbled your walking when it wasn't the bone of contention; so did sitting & standing get brushed aside without much of a chance to put your case, or did they contest your arguments, etc?
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    the sitting and standing was my main cause for the appeal. but the judge made no mention of it in her decision. and I am hoping that I can take it further on the fact she never considered any other descriptor that would have been relevant in my case.


    the doctor was great, spent over 20 minutes just talking about my esa and what they are doing..
    04_pain.jpg
  • toady
    toady Member Posts: 981
    edited 30. Nov -1, 00:00
    Well that all sounds promising, hope your new claim goes through straightforwardly which should theoretically help ack up your appeal (or indeed vice versa, whichever you expect to proceed the quickest).
  • Trayce
    Trayce Member Posts: 110
    edited 30. Nov -1, 00:00
    good idea to get a statement as you can see what has been said my friend did this and won her appeal
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    Well considering she took away points from a descriptor I had points and totally ignored the descriptor I was argueing over was just mind boggling. Then I can argue to the upper court about this being ignored and unreasonable from whatI have read.

    Stephen
    04_pain.jpg
  • barbara12
    barbara12 Member Posts: 21,093
    edited 30. Nov -1, 00:00
    Stephen I have posted twice on here and it has disappeared....I just want to add my support and say good luck with it all...and your motto must be never give up...we are all behind you x
    Love
    Barbara
  • HARPER04
    HARPER04 Member Posts: 34
    edited 30. Nov -1, 00:00
    Likening the ESA Tribunal to the Spanish Inquisition Yep that would be a fair assessment of the procedure They come at you at a fair rate of knots and that's for sure Trying to catch you out and trip you up At one point during my assessment my wife who accompanied stopped the procedure and told one of the members of the tribunal to adjust his sarcastic and belittling tone towards us and that it might be just all in a days work for him but the tribunal but the out come of the tribunal would seriously affect our life.
    To which much to my surprise apologised and adjusted his tone I was so proud of her !
    So my advice to any attending is know your stuff try and remain calm if you doo not understand the question for any reason ask them to rephrase it Take your time don't let them rush or bully you take a friend or a carer with you some one who sees you on a regular basis make sure you have documentation you can refer to and most of all get help from some one like the CAB

    Best wishes to you