Appeal or no appeal that is the question.

Hi All,
I have to attend a tribunal 7-3-2011 13.30 hrs to challenge the last ATOS medical, placed in the ESA wrag once more, however, just to complicate matters I have had another spinal operation in the mean time (partially successful but awaiting further MRI results for clarification as to what happens next ) so at present I don't meet Support Group descriptors as such I have to try and prove My condition at the time of assessment..
Any comments as to whether the appeal is worth pursuing gratefully received as I am rather anxious about the whole episode.

Hi Bill,

I don't think that's something anyone else can really advise about.

Clearly you have missed out on some income to which you believe you are entitled, so from that point of view it is worth pursuing. More importantly, I suspect, is the feeling that an injustice has been done which you want putting right.

To set against that there's the stress involved in attending a hearing and the probably very small risk to your existing award.

One good thing about attending an appeal, whether it's upheld or not: if you have to have another one where the stakes may be much higher, you will have gained very valuable experience.

Good luck, whatever you decide,

Steve

Hi Steve,
thanks for the reply.
Although when reliant upon benefits money is always at the forefront of mind this is purely a matter of principle.
The observations of the health care professional clearly stated I met Support Group status upon two of the necessary descriptors He then ticked boxes that in no way related to His observations.
Medical evidence and supportive information is on My side however, there is always that element of doubt.
Most importantly is the fact although My symptoms are improved by surgical intervention from past experience they do tend to return due to problems elsewhere in the spine as such if I can prove support group status for the last episode it may be easier to prove in the event of further reoccurance.

Bill,

I have said on another threat what happened my husband with his ESA claim and his appeal.

He is actually returning to his work on 2/3/2011. BUT, irrespective of this, he is still continuing with his appeal. He was to go to Oral hearing last Wed, 10.30, got call at 10am to say the LQM agreed to postpone because they had a request from DWP to look at his case again.

He got a call from DWP yesterday and they said they received the request from the tribunal to look at his case again. So who knows which is right.

I know that the tribunal experience is stressfull, but it is important for anyone who has been unfairly treated to proceed in whichever way they can to ensure that these medical examiners, EMP's and decision makers learn to do their jobs by following the correct proceedures. The only way things will change or improve is if their rationale and poor decisions are contended.

Good luck with whatever you decide.

Kathy

Hi Kathy,
I have just received notification from My surgery that the last two MRI scan Reports will be ready for collection by the end of the week plus an explanation from My GP as to the implications of the MRI undertaken on the 4/2/2011.( no charge so good on them ).
The last piece of the jigsaw is soon to be in place so to speak, photocopies of these and additional medical and supporting evidence will be posted (recorded delivery ) to the Tribunal Service on Saturday morning.
The appeal will be going ahead the fear of losing any benefits that I receive is offset by the knowledge
that I will lose them anyway April 2012 under the Welfare Reform Policy proposals for CB ESA WRAG claimants the time for action is now not in fourteen months time.
An unjust decision should not go unchallenged although there is always risk to existing benefits it is becoming increasingly obvious it's a risk that I and many others in My position have little option bar to take in order to hammer home the unfair and unreasonable conclusions of ATOS professionals.
I have also been making tentative inquiries through the DEA at the local Job Centre in connection with attending a residential training course ( there are no alternative local courses ) to gain office/administrative training however, this course of action is dependent upon the forthcoming conversation with My GP and possible Consultant so trying to cover all bases.
I will post whatever the result of the appeal on the 7/3/2011 in the mean time preparation, preparation and more preparation.

Hi All,
last MRI states multilevel foraminal stenosis, with significant narrowing to left exit foramina at
C3/4 ,C4/C5 C5/C6 and C6/C7, and right exit foramina C5/C6 and C6/C7 early facet joint hypertrophy
between C4/C5 and C6/C7 ,dehydration in the cervical discs with small osteophytic bars C3/C4 and C6/C7. One may deduce Cervical Spinal problems to accompany recent Lumbar difficulties
(as if it was not expected ). MRI reports have been forwarded to the tribunal Service appeal for support group status due to condition prior to last lumbar spinal operation will be going ahead on the 7/3/2011.
Two lumbar operations within two years and now this; I am getting tired of fighting illness and the likes of ATOS however, it seems with each MRI comes another set of spinal problem so it seems I have little choice for I see little chance of gaining employment any time soon.