Court appeal

kfrweaving
kfrweaving Member Posts: 45
edited 20. Aug 2019, 14:37 in Work and financial support
Next week i have my meeting with my CAB advisor who is going to be in court with me. Then the following week i will be in front of a panel who will decide whether or not i will get my ESA back.
The last payment i had from the ESA was in March. It feels like an entire year has gone past since then.
Am still waiting on some medical letters. If i can't get all the evidence in time then the court date will be put back. Although i'm not looking forward to it, i am looking forward to meeting up with the CAB advisor and going through questions that have been churning around in my head.

Comments

  • stickywicket
    stickywicket Member Posts: 27,213
    edited 30. Nov -1, 00:00
    It will be good to have someone on your side and at your side. That's a lot of crucial stuff to happen in a short time. I wish you every success.
  • [Deleted User]
    [Deleted User] Posts: 3,636
    edited 30. Nov -1, 00:00
    Hi kfrweaving,

    Have you managed to get all your medical letters now?

    Good Luck with your meeting with the CAB, hope you get everything sorted soon.
    Amanda-Jane x
  • kfrweaving
    kfrweaving Member Posts: 45
    edited 30. Nov -1, 00:00
    Managed to get all the medical letters for my pre court meeting with the CAB person, who will be in court with me.
    I was expecting a letter from the GP, but on opening the letter i found that he had just listed my conditions and had not described anything! As i collected it on the morning of the meeting i couldn't do anything. So i handed the medical notes to the CAB chap.
    I did take along all the ESA paperwork, but he said that all he needed was the medical paperwork. He was angry that i had paid £20 for a doctors letter......me too! that only gave a list. What he recommended was next time i needed to give medical evidence was to ask the surgery to give me my medical notes......free of charge! .....which you can do. If i'd known this earlier!!!! But thankfully the meeting went well and he feels that there are points that the ESA have completely contradicted themselves on regarding both my arthritis and epilepsy. I feel that something has been taken off my shoulders. But court date is next Thursday and that date cannot come soon enough!
  • stickywicket
    stickywicket Member Posts: 27,213
    edited 30. Nov -1, 00:00
    It sounds to be going well at last thanks to your determination, persistence and thoroughness. Let's hope it brings the reward you deserve.
  • kfrweaving
    kfrweaving Member Posts: 45
    edited 30. Nov -1, 00:00
    Went to the Court Appeal and it was a big NO. To say i'm gutted is an understatement. Felt so low on Thursday. I feel that the decision had basically been made even before me and my Advocate had stepped into the room. I was quizzed by the lawyer about different Articles in the ESA paperwork and the doctor questioned me about my walking distances in such a way that he was creating loopholes that i fell into. The questions came too fast for my brain to process even though my Advocate did ask him to slow down and carefully repeat the questions. Because i have never been in that kind of a situation before i was tense, but i find that with the side effects of my epilepsy medication processing answers quickly difficult. The whole thing only lasted about 20 minutes, even though it felt like 2 hours!!!
    After the hearing we had to go and sit in a separate room and wait. Then my Advocate had to go and get the outcome which had been typed up on paper. I could see as soon as he came out of the room that things were not right. He is furious and is taking it further. He said they have ignored important aspects of both my arthritis and epilepsy. I now have to wait about another 3 and a half weeks to see how things will progress, but i'm not holding out much hope. In the hearin......and i laugh as there is no way it could be called a hearing.......it was like talking to a brick wall. Am keeping positive.
  • slowe279
    slowe279 Member Posts: 1
    edited 30. Nov -1, 00:00
    Hi, With regards to the tribunals and there decisions,it can make no difference what the outcome is.I recently won my appeal,and it hasn't made the slighted bit of difference to my benefit.I ask ESA why they won't reinstate my benefit which the court agreed should never have been stopped(illegal decision) .9 months waiting for my tribunal date ,positive resulte,ESA just ignore the judges decision, and also when they pass it over to universal credit,they deny having received any notice. This goes on for 7 weeks still denying that they ever received the notice of ESA. Guess what ,after 4 weeks you loose the right to take your case to the next tier court.ESA and universal credit know exactly what they are doing,and they know that they can get away with it. After dozens of phone calls i have learned i no longer have to attend the job center or attend any work and health meetings.When i put this to the job center,i was told that was correct,but if i do that,they will make me an appointment to attend the job center,if i dont attend then they can sanction my benefit.so they are doing whatever they want to again.Dont get your hopes up,its just a freindly warning,i would love to hear from people who have gone through this.
  • [Deleted User]
    [Deleted User] Posts: 3,636
    edited 30. Nov -1, 00:00
    Hi slowe279 and welcome to the Versus Arthritis forums.

    So sorry to hear of your experience trying to have your court decision enacted. Perhaps contacting your MP(!) or using Citizen's Advice to support your case may help.

    If you need to talk to someone, our Helplines are available on 0800 5200 520 Monday–Friday, 9am–8pm for confidential advice and support.

    How does arthritis affect you? Do come and ask questions and contribute with your own experience to the forums.

    Best wishes
    Brynmor