failed appeal to tribunal.ARE TOTALLY A JOKE ???

Hi
On the 2nd of January 2015 my wife and me as a witness went the tribunal for her ESA . She is suffering from chronic fatigue syndrome as diagnosed with pernicious anaemia, myalgia ,anxiety and agoraphobia, and chronic regional pain syndrome on the area of her leg angle that was broken 2 years ago.
Her doctors letter stated that: This patient's past medical history includes:1)main issue incomplete healing of spiral fracture of fibula on the right leg with regional neurological damage and chronic pain. Muscle wasting and weakness.2)Pain in the knees.3)Back pain and myalgia.4)Anaemia5)Anxiety and agoraphobia. Her main issue is chronic pain and fatigue related to her lef and foot problems. This affects her mobility and ability to stand or move unaided with any degree of certainty. Her chronic pain affects her mood and confidence and can make her forgetful. She cannot stand still for example at the sink for more than 5 minute periods and can walk more than 50m.Her fatigue is a combination of her anaemia and chronic pain .Her symptoms fluctuate in intensity but she cannot reliably, repeatedly and safely in a timely manner mobilise unaided by another person with or without crutches or wheelchair and cannot mobilise repeatedly or reliably more than 50 m without significant discomfort and exhaustion.
these issues also affect her mental health and increase her anxiety. I hope that this is a useful information for considering her appeal.


Well as we entered the room the judge turned up and said "You have to be on your death bed to win this appeal" We (me ,my wife and my son)looked at each other in disbelief.
It turn out they both(judge and doctor )had not even seen the papers in the file and they were not interested to let us explain the situation. All of them were interested only on whatever the corrupt examiner from ATOS had written although we had proven to them with our evidence that his report was unreliable. The finale comment from the judge was that they rejected her mobility claim on the basis that if she was using a MOBILE CHAIR she should be able to commute to work. I pointed to him that on her medication 4x60mgr per day co codamole per day the Department of transport forbids you driving or operating machineries but he took no notice. They gave her NO POINTS at all.

Now very soon will come the letter to go on JSA as an ABSOLUTELY HEATHY PERSON AND WE ARE IN DESPAIR about what are the options there .Please advise:
a)Does it worth to go for appeal to upper tribunal judge
b)If she stops signing for 3-4 months and I will go myself as her husband to claim JSA as a couple while looking for a part time job. If I found one all well but in my age(61) not a much joy is there. Will she then be allowed to make a new claim for ESA AND START THE WHOLE PROCEDURE FROM THE BEGGINING, AS IN THIS CASE with your published instructions she will have definitely a better chance?

Hi Gordon and thank you for your reply. Your assumption is correct that my wife did not used the guidelines of the site initially as we were not aware of the site at that time.. You see out of pride she was insisted to fill up her papers on her own, believing that HER EVIDENT BAD HEALTH would passed her through the medicals. So given that she suffers also from lapses in memory and confusion her answers to the descriptors were open to dispute. On the other had the MEP in ATOS although show her bad conditions and factual limitations she ignored them all in order to have her fail.As in the site brilliantly describes NOBODY in the government cares about your suffering, they simply tick boxes on the descriptors and if you are naïve to trust them you will fail the medicals 100% because DEFACTO are designed so for you to make you FAIL.

Her medical was on 2ndof April 2014 and the decision to disallow ESA for her was on 5th of June 2014 .Mandatory reconciliation on that decision was put on 26th of June 2014 and DWP answer that she is not entitled to ESA came on 5th of August 2014. Lodged appeal with HMCTS on 5th of September gave sick note and continue with the Lower payment in ESA till my appeal on Tribunal on 2nd of January 2015 .
Do you recon that she can make new claim for ESA as it is almost 7 months that she was disallowed in ESA? While appealing for the tribunal she was allowed to claim the minimal payment under ESA ,does this counts as time against her? Where and how can she initiate the new claim?
If she can make a new claim now ,for SURE she will make one and with the help of your guides due to her conditions it will be almost impossible to fail to be in ESA,
In parallel we are going to appeal to the Upper Tier Tribunal trying to reverse the previous decision and claim back our money.