ESA Tribunal Friday 11th October 2013

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Comments

  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Update

    It plonked through the letterbox today very brief saying 0 points in activities and descriptors schedule 2 of ESA regs 2008 insufficient to meet the threshold for the test. And that regulation 29 did not apply.
    Phoned up courts and woman there said to request statement of reasons and she could not see my further evidence submiited on 16 Sep and 3 Oct both sent recorded and next day delivery..This shocked me and she mentioned if my file had not been update could request a set aside..DWP say I cannot claim till monday for switch to JSA...Whoopee!!
    I am not stressed it doesn't help me but alarmed about conversation with courts woman..

    Elainex
  • oldies
    oldies Member Posts: 66
    edited 30. Nov -1, 00:00
    Elaine sorry to Hera you didn't get it,the more stories you hear the worse it gets.As for the documents you have sent in can you check with post office at all to see if they had been signed for ? I don't know anything else to suggest that may help x
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Just knew it!
    So so annoying! I'm still waiting for my report from the judge
    At least I got 6 points
    Makes me so so angry grrrr
    Maria
  • snowdrop123
    snowdrop123 Member Posts: 41
    edited 30. Nov -1, 00:00
    Hi Elaine

    I am so sorry to hear that you have lost your appeal but very glad to hear that you're not stressed about it. If the woman at the court had no record of you having sent supporting evidence then it cannot have been taken into account by the court which doesn't sound fair. Perhaps you could go and get some advice from the CAB, if you haven't already. I don't know what else to suggest. I'll let you know if I hear of any jobs going that only require you to lift empty cardboard boxes.
    Best wishes
    Kate
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Oldies

    It makes me wonder why collate the information for them to consider if they then tell me they haven't got it? The clerk told me she had on friday but then today on the phone I mentioned the clerk's name and they said "who's that"?

    Elainexx
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    MAria

    Your'e still waiting? God they are so inadequate!

    Elainexx
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Kate

    Its a shambles from start to finish but I know I have been honest and done my very best with little or no support so I'm happy with that..CAB in my area are pretty awful and nobody can represent you now in person...
    Jobs market here I come - a woman who can't stand, kneels very briefly, can't use stairs quickly I will be in demand NOT! No point getting upset it don't help.

    Elainexx
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    they really are in a world of their own aint they. i swear they look at everyone who goes to appeal as if they are lying and that the HCP are the most honest people on the planet..

    I hope it goes well for you and that you manage to get it set aside.

    stephen x
    04_pain.jpg
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Stephen

    I got told by a lass who goes to my hydri.otherpay pool. She went to tribunal and was having a cigarette before going in, security guard joined her. He said "look at this guy coming, he was drunk, doped to eyeballs and coudln't walk in straight line due to that" he said "he will win his appeal and he is on well over £250 a week"...Sure enough he won his appeal, my fellow pool user who has back and stomach probelms, failed...Seems the security guard can spot the fakers from the genuine ones!

    Elainexx
  • salamander
    salamander Member Posts: 1,906
    edited 30. Nov -1, 00:00
    I'm sorry you didn't win Elaine but don't forget that medical conditions can make people appear drunk. He may have had a serious condition. The security guard isn't in a position to know his history. At least, he shouldn't be as it should be confidential. I think it would be a shame if we start judging people on that kind of hearsay.
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Salamander

    I haven't got it wrong he is well known for drink and drugs abuse...Quite well aware some coinditions such as MS/ME can make appear as drunk but not this time!

    Elainexx
  • salamander
    salamander Member Posts: 1,906
    edited 30. Nov -1, 00:00
    I stand corrected Elaine! However, I would argue that, as much as people despise them, those with alcohol and drug problems usually have other health problems, sometimes including mental health ones. l think they are entitled to support.

    I really am sorry you got turned down. Do you have wait a few months before you can apply again?
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Salamander

    Its an illness but its self inflicted! People such as Gazza have no sympathy for as they get plenty of help nowadays too...I am not reapplying the pleasure of being a jobseeker..

    Elainexx
  • bubbadog
    bubbadog Member Posts: 5,544
    edited 30. Nov -1, 00:00
    I'm so sorry the have turned you down yet again Elaine. Since I've learned that there is a private company who are dealing with these claims I'm discussed at the government. They keep saying they have no money to help hospitals and schools yet they employ private companies to sort out the claims for the PIP & ESA!! And I've proven they are making a right dogs dinner of doing it!! How do they know how sick you are or what your mobility is like? They have no medical or dealing with benefits training, they are just going on what's written down and what the Dr's report says. It just makes my blood boil! :x
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Bubba

    I am fine, well I don't agree with the decision one iota but I cannot change it so why stress? I agree with the so called healthcare professional and by the way anyone can become a doctor, but what of? They are not experts and I am quite sure they pre-judge too prior to our appointments..

    Elainexx
  • bubbadog
    bubbadog Member Posts: 5,544
    edited 30. Nov -1, 00:00
    elainebadknee wrote:
    Bubba

    I am fine, well I don't agree with the decision one iota but I cannot change it so why stress? I agree with the so called healthcare professional and by the way anyone can become a doctor, but what of? They are not experts and I am quite sure they pre-judge too prior to our appointments..

    Elainexx

    I agree with you! I'm sure they pre-judge before they meet you and have already made their decision on your case. :x
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -1, 00:00
    Elaine I was waiting for a new thread ...so missed this bit...you did expect it.. is the lost paperwork likely to change things...has for the alcoholic..well my brother was one bless him he is no longer with us,,he did win the battle in the end...
    We have a young man in our rd that brags he goes to these things smelling of drink and staggering..and no he is not an alcoholic..so there's the answer... :shock:
    Love
    Barbara
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Barbara

    I've said it before but all the alki's, serial betters and substance users will still glide though this process and a lot of it is because these people get wise to the systems and play them like fiddles!

    Elainex
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi Elaine
    Finally received the reasoning why the judge did not agree with me and why she feels I'm fit for work! Only took 8 weeks!
    Its full of garbage but she states that I could use my nursing qualifications and experience sitting at a desk!
    In my opinion I'm too over qualified to sit at a desk and answer phone calls!
    And I don't want to work for the 101 emergency number as it seems to be totally inadequate and knowing me I'd tell them so and have no job any way
    Plus I've worked 30 years so its time to think of myself and put myself and family first rather than others
    Luckily I have the luxury of my small pension and although money is tight I'm managing
    I just feel for others in same situation and rely on the DWP
    Ok rant over went off at a tangent too
    How are you doing?
    Maria
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Maria

    Oh heck it took 8 weeks? My sister works for NHS 24 in scotland which i am told is different to ours in england possibly wales? She is really bad on her feet as had tkr too and has ankle problems too, she is basically waiting till she can retire at age 54 or 55....Sounds possibly similar to you (sorry of not and any offence caused)...Well I won't get my judges explanation for ages yet then...
    Been discharged from physio they can do no more and I need more pain management ie stronger pain medication..Bit gutted and feel even more dumped on scrapheap...

    Elainexx

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