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ESA lost since 2015 to victory today 6 jan 2017.

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7 years 3 months ago #178347 by bibine
My Story started on 24Nov 2015 my assessment for ESA, was butchered by a health assessor in which I score 0 points. Then a battle was started. Prior to the 24th Nov 2015. I also went for an assessment for PIP on the 23 rd. Nov 2015 and was award high on both components.
So, when I went for the assessment for ESA its took them 4 hrs before seeing me and because I asked to be seen and refuse to go and come back another day, because its took me 2 hours and 1/2 to reach the centre. I was not ok to have to make the same journey another time and day. Because of myself insisting of been seen, I was seen by a gentleman who in term did not tell the true colour of my health and difficulty. I score 0 points. The DWP called me a and informed me that 0 points. So, I started my motion on what to do by submitting MD. But I also make a writing complained to ATOS MAXIMUS on how I was treated before, during and after my assessment in writing and apply for JSA under the 13 weeks’ sickness but did not happen until March 2016. In the meantime, my MD was not even dealt with. So JSA stop put back on a lot of Problems. Even when I sent them the response from Maximus, to, my assessment, they apologized and recognized that the assessment was not done correctly, still DWP did not want to acknowledged these and still No Info for MD request. This went on until mid-June 2016. Then MD refused, go for tribunal on 1st September's 2016 I could not attended and lost my appeal. All my actions were done using B&W documentations. Then after I re-read document in regards of "if not happy" about decision. Because I believed that due to the health assessor not writing a correct report into assessing my needs the whole reports converted to a faux finding therefore 0 points. I asked for a set-aside motion in regards of the health assessor and to see the note of the first judge into what did he or her used to make the decisions. This was accepted and the new- judge requested direct information from myself and PIP etc. letters from hospital etc. These give her a true picture into my health and problem and mostly my inability of being able to sustained a job. So, on Friday 6th January I attended the tribunal. Judge and a doctor and I answered to the best of my ability. This was tough for myself due to my mobility but they were kind and listen to my say. Now When we finish the judge say you will received a letter about the verdict. By Monday. Monday nothing, Tuesday the letter arrived at 1pm I could not have opened straight away. I WAITED UNTIL 7Pm to open it and closed my eyes while turning the pages to the direction notice. Then saw an a for allowed and started to cry. I WON finally after a full year and various issues at last a judge recognise my claim and put in the support group for 24 months before been called for another assessment. So, Thank you B &W. You help me with all the information on how to try and make myself see and heard. Thank you. So, to everyone hope is still present after a refuse MD who took 6 months to conclude, a fail appeal, I WON WITH A SECOND APPEAL. I thank the lord and W&B.
The following user(s) said Thank You: ivyfox, Chris77

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7 years 3 months ago #178366 by Gordon
bibine

Many congratulations on the appeal win. Well done.

It usually takes the DWP 5-8 weeks to process a Tribunal Decision you might want to call them at the end of this week to make sure that they have received the Decision Notice as they have a habit of losing them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 3 months ago #178402 by slugsta
Well done on seeing this through to the end, I'm very glad the decision finally went the right way.

Thanks for letting us know, it does give our members hope when they hear of these successful cases :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 3 months ago #178663 by Suzy3
Well done Mary.

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7 years 3 months ago #178956 by bibine
Thank you to the W&B site.your advice help me.
The following user(s) said Thank You: slugsta

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