If You Go To Appeal For ESA

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elainebadknee
elainebadknee Bots Posts: 3,703
edited 11. Feb 2013, 07:52 in Living with Arthritis archive
Hi

Been swimming this morning and a fellow swimmer was telling us that as she is appealing her ESA decision she had now heard about her hearing which is to take place on 18th March 2013....Now then I didnt know this and it may be different for other areas but she has to go to Lancaster Crown Court! I think that's an awful place to send people for such things...I mean one can be worked up enough about this without having to go to such an environment that is so intimidating.....If it was me id be a bag of nerves and it must surely be pyschological as well to try and make you feel like a blinking criminal, scrounger and whatever else they like to label us..
Why does it have to be this way? Its people with illnesses not people who have broken the law?

Elainexx

Comments

  • stickywicket
    stickywicket Member Posts: 27,764
    edited 30. Nov -0001, 00:00
    Are you sure it's the Crown Court, Elaine?

    I'd guess it's more likely to be the far less intimidating Magistrates Court.
    If at first you don't succeed, then skydiving definitely isn't for you.
    Steven Wright
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -0001, 00:00
    Sticky

    She did say Crown Court now whether that was slip of tongue I dont know?

    Elainexx
    stickywicket wrote:
    Are you sure it's the Crown Court, Elaine?

    I'd guess it's more likely to be the far less intimidating Magistrates Court.
  • PollySid
    PollySid Non-active member Posts: 343
    edited 30. Nov -0001, 00:00
    I'm still waiting, hopefully mine will be Norwich or Great Yarmouth Magistrates Court. They have not even told me that they couldn't change the desicion so it's going to a tribunal. I had a letter to say that they had received my appeal letter, and that was it. I've heard nothing since July 2012. I should have my reports and letter from the Dr next week so will get them off registered post and then ring them after they have had time to receive them.
    I have tried ringing a couple of times to see how things are going but I just get told that they are behind. Useless lot!
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -0001, 00:00
    Pollysid

    Sorry a sentence didnt make sense to me but maybe it was just me? "They have not even told me that they couldn;t change the decision so its going to a tribunal"? I may be being a bit thick!!

    Anyhow good luck when they finally get in touch..

    Elainexx
    PollySid wrote:
    I'm still waiting, hopefully mine will be Norwich or Great Yarmouth Magistrates Court. They have not even told me that they couldn't change the desicion so it's going to a tribunal. I had a letter to say that they had received my appeal letter, and that was it. I've heard nothing since July 2012. I should have my reports and letter from the Dr next week so will get them off registered post and then ring them after they have had time to receive them.
    I have tried ringing a couple of times to see how things are going but I just get told that they are behind. Useless lot!
  • PollySid
    PollySid Non-active member Posts: 343
    edited 30. Nov -0001, 00:00
    Sorry Elaine, that's me just typing it down as it came in my head. :?
    If I understand it right - when they get an appeal they look at it to see if they can straight away change the decision that has been made by Atos. If not then it goes to tribunal. Is that right?
    What I was trying to says is that they have not sent me a letter to say "we cannot find reasons in your appeal to change the decision, therefore we are sending it to a tribunal".
    Maybe they don't send anyone a letter at that stage, but I was expecting to get one so that I knew what was happening.
    Mind you I don't think they know what's happening so there is no chance for us. :roll:
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -0001, 00:00
    Pollysid

    Right Im with you now...The last time i appealed and had help from Community Legal Advice they asked DWP to look at decision and it got turned down then out of the blue after 5 months it was put again please look at it and they overturned the decision in my favour...I didnt get a letter did get one saying would be going for tribunal but hadnt a date before decision was overfturned..

    Elainexx
    PollySid wrote:
    Sorry Elaine, that's me just typing it down as it came in my head. :?
    If I understand it right - when they get an appeal they look at it to see if they can straight away change the decision that has been made by Atos. If not then it goes to tribunal. Is that right?
    What I was trying to says is that they have not sent me a letter to say "we cannot find reasons in your appeal to change the decision, therefore we are sending it to a tribunal".
    Maybe they don't send anyone a letter at that stage, but I was expecting to get one so that I knew what was happening.
    Mind you I don't think they know what's happening so there is no chance for us. :roll:
  • sbolam
    sbolam Non-active member Posts: 374
    edited 30. Nov -0001, 00:00
    Well last time when I appealed I had to go to the tribunal offices in norwich. Its less formal than a court room.
    04_pain.jpg
  • PollySid
    PollySid Non-active member Posts: 343
    edited 30. Nov -0001, 00:00
    Did you win your appeal Steve? If I remember rightly you saw the same nurse at Norwich for your Atos medical as I did. About the same time in April 2012 too.
  • sbolam
    sbolam Non-active member Posts: 374
    edited 30. Nov -0001, 00:00
    I did the first time, I am still waiting to hear back the from the tribunal service about my appeals date for this one, had all the papers through and the all to common (we are not charging are view letter).

    regards

    stephen.
    04_pain.jpg
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -0001, 00:00
    Stephen

    Im not saying its an experience to be relished eitherway but surely the offices is less daunting than being sent to court?
    Good luck

    Elainexx
    sbolam wrote:
    Well last time when I appealed I had to go to the tribunal offices in norwich. Its less formal than a court room.
  • sbolam
    sbolam Non-active member Posts: 374
    edited 30. Nov -0001, 00:00
    I was treated very nicely, they listened to what I had to say and beiieved me when I said it..then I was asked to leave while the doctor and the Judge decided my case, five minutes later they called me back and gave there decision. it was all ok, nothing as stressful as going to the medical with atos.
    04_pain.jpg
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -0001, 00:00
    Stephen

    That doesnt sound too bad what you describe...This woman who is going that I know says there is a doctor, judge and solicitor against you there, sounds daunting to me!....
    This time i wasnt too stressed about the medical with ATOS but didnt come out feeling she had listened to me in any way at all..

    Elainexx
    sbolam wrote:
    I was treated very nicely, they listened to what I had to say and beiieved me when I said it..then I was asked to leave while the doctor and the Judge decided my case, five minutes later they called me back and gave there decision. it was all ok, nothing as stressful as going to the medical with atos.
  • blueknees
    blueknees Non-active member Posts: 90
    edited 30. Nov -0001, 00:00
    Tribunals here are in the County Court.

    At the back of a proper courtroom but not intimidating, just expect the worst :o

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