ESA Tribunal Success

Hi there...yes...there is no 'safe harbour'...exactly one year TO THE DAY...that I won my appeal as was placed in the support group....the 'envelope' landed on the mat...with the ESA50...and i assume that I have to go through the loop...all over again. I have CFS/ME. i presume other people's experiences reflect mine? Yours...a bit miserable....

It is possible to challenge a decision to call to medical examination. There is a specific complaint code in the ATOS statistical system for this. I do not know your particular circunstances, nwhether your condition is under treatment that is likely to lead to improvement in that sort of short timescale or not but as I say, these decisions can be challenged by writing to ATOS. It can work too, not in all cases.
It does seem an extraordinaraly unfair experience because at your recent hearing (April) you were 'upgraded' as it were from insufficient points, to the Support Group, itself suggestive of very significant impairment. They should not call you for medical (ever) unless the Decision Maker has grounds to beleive you may now fail to meet the threshold. Part of what they look at is the 'prognosis advice' given by the HCP or the review date set by the tribunal, if they did.

Thanks Carol. Yes, unfortuntely the DWP seem to do this quite often.
At least the second time round I am forwarned and will be better prepared!

Hi Romac,
re representation.
I've seen CAB mentioned here a few times. Personally, I was lucky that I'm still registered as a student (albeit suspended) and get free representation from the Universities Student Representatives. That meant I know exactly where to go, and two of the people there had previous expierence with welfare benefit cases.