SUCCESS -ESA decision revised before tribunal!

Just heard that my ESA appeal has before been revised before getting to the tribunal stage and I am over the moon I had been claiming ESA for 18 months prior to my Atos medical in July because of severe osteoarthritis in my feet and knees. I had three operations to my foot in that time and am awaiting patello-femoral replacements. I have been awarded early retirement from my job(as a qualified nurse) in January this year after many consultations with an Occupational Health doctor. I receive DLA at the hiigher level for my mobility problems.

At the medical, I felt that I gave a good account of the problems and difficulties I experience on a daily basis with my mobility caused by joint pain and instability. I realised later that I could have made a better job of completing the medical questionnaire had I had access to the Benefits and Work guidelines on completing the same. Nevertheless, I scored no points whatsoever at the medical but I did have some issues with the way in which the medical was undertaken in that at no time did the 'nurse' even look at my feet and knees. It is impossible to undertake a proper clinical examination without at least looking at the appropriate area. She also refused to see my documentation regarding Ill-Health retirement despite being offered it on two occasions. I was mortified to find that she had awarded me no points at all. I felt that I was being called a liar and this was so upsetting.

Thanks to the Benefits and Work website, I decided to appeal against the decision to stop my ESA allowance and I sent off the necessary paperwork in early August and included the above problems regarding the medical. It was an uphill struggle to get the Assessment rate of ESA and it took two very stressful months before they paid a penny into my bank account - they kept asking for more and more information which all took time (and money) to obtain.

Anyway, after continuing to send them more and more evidence in support of my claim (doctor's statements, medical certificates, hospital letters, proof of entitilement to DLA, letters from the NHS Pensions scheme etc), the DWP have notified me that my claim is being re-instated. What an utter waste of DWP time and money it has all been not to mention the stress and anxiety I have suffered bearing in mind that I am over 60 and due to receive my State Pension in just six months time!

I must add that I receive a very small NHS Pension due to the fact that I was only a member of the Pension scheme for a few years and losing ESA benefit for all those weeks made life extremely difficult.

Sorry that this letter is so long but it is intended to encourage people not to give up and to fight for what is right despite the fact that ATOS and the DWP have the capacity to make you feel very despondent.

Thanks again to this website for guiding us all in the right direction.

Mod Edit. : Sorry B I have had to delete one line of your post, due to potentially libellous comments.

Hi B,

Congratulations on having the adverse ESA decision revised, and well done for fighting it.

Thanks also for letting us know about this positive outcome, and for your comments regarding B & W.

cheers

bro58

Hi Beryl, congratulations on receiving the correct outcome eventually!

Best wishes,
Rachel