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Problems with ESA after winning Appeal

  • serene_butterfly
  • Topic Author
14 years 1 week ago #31912 by serene_butterfly
Problems with ESA after winning Appeal was created by serene_butterfly
Hey

I recently won my appeal in July after being found fit for work by ATOS, the appeal was really not as bad as I thought it was, the judge and doctor was very nice. Only the week before, I finally had a diagnosis from a neurologist, a long-standing brain stem lesion whoch the doctor on the panel had guessed that what I had even before getting there!!

However, about 3 weeks after winning the appeal I was sent another medical questionnaire, and then sent for another medical. Just found out that I scored 0 points again!!

I've now put in an appeal again and sent the tribunal's decision with it too.

Has this happened to anyone else, and are they likely to reconsider the decision in my favour?? Although the tribunal went OK, tbe building it was in (Cardiff Magistrate Court) made me feel very uncomfortable as I suffer from bad dizzy spellsa dn places with high ceilings for some reason make it worse.

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14 years 1 week ago #31922 by Gordon
Replied by Gordon on topic Re:Problems with ESA after winning Appeal
serene_butterfly

This happens all to often, I think ATOS are just bad losers :)

You need to remember that your previous tribunal considered the evidence that was available to the original decision. So you need to look at what has changed in the interim. You mention your diagnosis, and from what you have said this definitely influenced the tribunal, so this is certainly something to include. How has your condition changed since your first nedical, and if worse, can you provide any evidence to support this.

As always you should speak to an advisor as they may be able to offer additional relevant advice.

Hope this helps

Stephen

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

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  • Victim of ESA
14 years 1 week ago #31939 by Victim of ESA
Replied by Victim of ESA on topic Re:Problems with ESA after winning Appeal
Please help me.....yes this also happened to me and further to this the DWP have also suspended all payments of Income related ESA until the appeal is heard and have told me they are entitled to do this under current legislation.


I had medical scored 0 apealed and was awarded ESA and 15 points. DWP requested a second medical and Atos gave me 0 again so I appealed and now have no benefits.

They say they automatically do not pay even the assessment rate during a second appeal and as a lone parent of 2 children with youngest age 12 I was told the only benefit I am entitled to claim is JSA.
I am desperate and can't believe they can just bully me like this it is making me far more ill. I was also shouted at by DWP over the phone.

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14 years 1 week ago #31956 by Gordon
Replied by Gordon on topic Re:Problems with ESA after winning Appeal
Victim of ESA

You should contact your local CAB or Welfare Rights office as soon as possible.

When you won your appeal, were you put in the WRAG and did you receive any outstanding payments or did the DWP appeal against the decision of the tribunal?

I am not a moderator, but my understanding is that you should receive at least the assessment rate of ESA whilst waiting for a tribunal hearing after failing a WCA, however I do not know what the position is if the DWP themselves appeal the decison.

Hopefully someone with more info can help you.

Stephen

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

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14 years 1 week ago - 14 years 1 week ago #31981 by cdcdi1911
Replied by cdcdi1911 on topic Re:Problems with ESA after winning Appeal
Hi serene_butterfly

I'm afraid that it is common practice for the DWP on losing an appeal to immediately start the process again.

On the positive side, at least you've been there before and won! As you had an existing award for ESA that has been terminated, the burden of proof lies with the DWP. So if you feel that your condition hasn't changed, it is important that you make this clear on appeal.

Best of luck

Derek
Last edit: 14 years 1 week ago by cdcdi1911. Reason: forgot to sign off

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14 years 1 week ago #31982 by cdcdi1911
Replied by cdcdi1911 on topic Re:Problems with ESA after winning Appeal
Hi Victim of ESA

You are not the first to report that you have been told by the DWP that you cannot claim ESA whilst appealing.

My understanding concurs with Stephen's. You should state in writing or on your GL/24 appeal form that you wish to be paid ESA assessment rate pending appeal.

If money is an immediate problem, with two children, I would expect that you should qualify for a hardship payment or crisis loan, but your ESA payments should be backdated when they receive your appeal.

Best of luck

Derek

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