Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:
Remember me. Note: ticking this may affect members file download ability.
Members

TOPIC: esa reconsideration appeal

esa reconsideration appeal 1 month 1 week ago #176440

hi gordon received appeal date for esa 4th jan ,i am in the middle of a complaints issue with atos about the medical one of their hcp carried out ,i phoned appeals team and informed them of this and they told me to write in the questioner they came with the appeal date that i would like another date as i am in the middle of a complaints issue ,also would like to say they had not been informed by the esa that this was happening ,hence the date being set .today i received a phone call from the appeals team saying that it might not be possible to postpone the appeal and that the reason for my request would be set before the panel that would have been hearing my case and it would be up to them if the case can be postponed or not,can they do this if the evidence used in the medical is in dispute
The administrator has disabled public write access.

esa reconsideration appeal 1 month 1 week ago #176445

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Helen

Although your complaint has the potentially to effect your award at this time it is solely with ATOS and the DWP and the Tribunal Service are not party to it and won't be unless your complaint is upheld.

The panel may decide to adjourn the hearing due to the complaint, but they also may not, they may decide that there is still sufficient evidence with your own testimony to allow them to make a proper Decision on your claim.

Remember, the best that your complaint can result in is showing that the assessment report was not fit for purpose, this will not result in an award in itself, this can only happen by your showing that you meet the criteria and this must be the focus of your efforts in regard the appeal.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

esa reconsideration appeal 1 month 1 week ago #176460

yes gordon i realise that i need to concentrate on the criteria but if my medical is full of lies and the unthruths have been written as if i said them (most of them are the total opposite to what i told her and what i put in my esa50) then i need to discredit the report for the panel to actually know what my limitations are regarding the criteria ,the medical report that was issued would have you believe i could jump over the moon ,which is far from the truth.if the panel read what is in the report they are going to say there is nothing wrong with this lady(going by what has been wrote in the medical )
The administrator has disabled public write access.

esa reconsideration appeal 1 month 3 days ago #177190

well Gordon received a letter from Atos today ,the part thats interesting is about the med3 form that esa says does not exist,well seemingly it does and it states "sciatica and depression unspecified",these are what the doctor wrote ,she hasn`t mentioned my prolasped discs in back and neck and sciatica in arms and hand . phoned esa and they still claim its not on their system,but MSRS says it is on theirs and that it had come from esa ,but i have a date for appeal on the 4th jan and the doctor who wrote the med3 is off until after the holidays ,any surgestions on what i should do ,also received a letter today from appeals to say my request for an postponement of the appeal has been refused so it is to go ahead on the 4th ,also what does the term "unspecified" on the med3 mean
The administrator has disabled public write access.

esa reconsideration appeal 1 month 3 days ago #177194

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Helen

Was the Med-3 in the DWP evidence bundle from the DWP, if it was not then there is no requirement for you to submit it as part of the appeal. If it was then you need to consider the implications of it being there.

As to "depression unspecified" see

www.gomentor.com/articles/unspecified-depressive-disorder.aspx

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

esa reconsideration appeal 1 month 2 days ago #177197

no Gordon it was not in the papers ,but the hcp used it as evidence to come to her conclusion on not putting me in support
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
Time to create page: 1.455 seconds