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TOPIC: What happens next?? Failed ESA appeal

What happens next?? Failed ESA appeal 6 years 11 months ago #14118

  • Vikki Bell
Hi all,

I'm desperate for some help here. I have CFS and failed my ESA medical in July this year. Welfare rights represented me at what they described "the tribunal panel from hell" and well like everyone else that day they upheld the DWP position. I am so down about the whole thing.

My representative has said we will appeal to the upper tier tribunal. I'm wondering if anyone knows if people have much chance of winning at this level or if they had been through the process? I really feel that I can't take much more of this humiliation.

Hope you can help!

Vikki x
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Re:What happens next?? Failed ESA appeal 6 years 11 months ago #14125

Vikki
Bell wrote:
Hi all,

I'm desperate for some help here. I have CFS and failed my ESA medical in July this year. Welfare rights represented me at what they described "the tribunal panel from hell" and well like everyone else that day they upheld the DWP position. I am so down about the whole thing.

My representative has said we will appeal to the upper tier tribunal. I'm wondering if anyone knows if people have much chance of winning at this level or if they had been through the process? I really feel that I can't take much more of this humiliation.

Hope you can help!

Vikki x

Appealing to the Upper Tribunal is a complex procedure for claimants. but an experienced representative should be able to identify any potential errors of law, taking into account the full statement of reasons for the tribunal's decision.

I had five referrals to the Social Security Commissioners which were the judicial body who preceded the Upper Tribunal, all of which were successful. Tribunals do make mistakes and there is a possibly a greater chance of errors of law with ESA, as it is a relatively new benefit. The legislation is only now being tested before the Upper Tribunal.

The procedure is detailed HERE.

Don’t be disheartened if the tribunal judge refuses you leave to appeal to the UT, as you can renew your application before an UT judge. Quite often the UT will give leave to appeal where the first tier tribunal judge has refused. This is ordinarily because the FT judge will not want to admit to any potential error of law. Out of the five applications for leave to appeal that I submitted, only one was successful before the tribunal chairman, now known as judges of the first tier tribunals.

The vast majority of appeals are decided on the papers alone rather than by way of an oral hearing, but it can take some time, maybe over a year before a decision is made. However, some appeals can be decided using a fast-track procedure if both the Secretary of State (the DWP) and the appellant agree that there has been an error of law, in accordance with the Social Security Act 1998. In most cases the UT judge will refer your appeal to a new FT tribunal if it is successful. Only rarely will the UT judge be able to remake the decision.

Due to the length of time it can take to reach a decision on appeal, you should submit a further claim to ESA especially if your subsisting condition deteriorates or if you have a new medical condition.

I hope this is of some assistance to you?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 11 months ago by Crazydiamond. Reason: Broken URL link restored.
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Re:What happens next?? Failed ESA appeal 6 years 11 months ago #14126

  • Vikki Bell
Thank you so much for taking the time to reply to me. The frustrating thing with my case was that I was previously employed by the DWP and based on an occupational health report for my employer by ATOS they dismissed me as it was unlikely that I would be fit to return to work in the forseeable future. Two weeks after the decision to dismiss I attended my WCA (administered by ATOS) and received no points. Demented with the whole thing!
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Re:What happens next?? Failed ESA appeal 6 years 11 months ago #14154

Hi Vicki,

We need to keep in mind that what is happening to so many isn't anything personal, but a war between the rich and poor, as has always existed. More savagely now, because of the mess they've made of the country's finances.

It sure isn't the 'benefit cheats' we're all labelled as, that's caused this collapse. More so the Lords/Commons and Cabinate cheats!

I too had my appeals denied and had to appeal further to the Social Security Commissioners and High Commission to eventually; after 15 months of hell, and reduced benefit, win my case on an error of law.

One feels like just giving up often, but this is the point and what they're hoping, and paid to achieve, so you know the answer to your anxiety.

Fight on, no matter how depressing, and you have a 70% chance of winning!

Good hunting.

Angelica.
Take care of all your memories. For you cannot relive them. = (Bob Dylan)
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Re:What happens next?? Failed ESA appeal 6 years 11 months ago #14297

  • Vikki Bell
Hi Angelica,

Thanks for your reply...and apologies for not getting back to you sooner!

It's reassuring to know that there is still hope and that in itself has cheered me up! Thank you.

Hope you are well.

Vikki
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Re:What happens next?? Failed ESA appeal 6 years 11 months ago #14311

Vicki, stay strong, because only those that give up, lose!

In one tribunal I had a Margaret Thatcher cloned judge say = "Mrs ***** - I don't think your exagerated claims of spinal problems, or your migraines will interfere with your ability to work!" (that being her mistake, and the crux of the case) I maybe shouldn't have answered with = "I see! When the next bus run over me, I'll wait for the back wheels to roll over me before I pick myself up, brush myself off, and get straight back to work, shall I?" I don't think my advisor was too pleased? But it all makes me so angry!;)

My next medical assessment was today, but the snow stopped the doctor. They rang to tell me of another letter to be sent soon. I refrained from asking if he/she had hit a tree, because I'm always official and polite! B)

Don't take any of this personally Vikki, it's a war! An age old war 'twixt the super rich and sick, disabled and poor. The balance has always been as it is, throughout history.

Read all you can, as information is empowerment!

Remember, to give in and feel some personal attack, is the psychology they use and expect to win with. Don't ever expect any truth and compassion from any of these people, because that's not what they're paid for.

We're all having this treatment because of public opinion fed propaganda by the right wing disgusting newspapers, owned by the super rich, and their criminal puppet politicians. We all know who are the real benefit cheats!

Work hard on making your case with your professional help Vikki, always keep all your records updated, and I genuinely wish you well in your eventual undoubted success.

Best wishes,


Angelica.
Take care of all your memories. For you cannot relive them. = (Bob Dylan)
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