Urgent advice needed

I have ME/CF. ATOS gave me 0 points at my WCA and I have been put into the WRAG while I appeal. I am only claiming ESA. In support of my appeal I spent £250 seeing a consultant physician who specialises in ME/CF and sent his report to the tribunal service. They passed it on to the decision maker and I have today received a copy of the reply she sent them which says:

'This evidence has been considered in relation to all other evidence however the outcome has not been changed. I submit that the evidence provided by the Health Care Professional differs from that of a General Practitioner/consultant physician, who are primarily concerned with reaching a diagnosis and arranging treatment for their patient. The Health Care Professional works as a disability analyst, giving objective and impartial advice about how their medical conditions affect the ability to perform physical and mental health activities. The additional evidence provided by Mrs Dent does not affect the medical assessment of 06/08/2013. Mrs Dent has not demonstrated that she has limited capability for work, and it is reasonable for her to be required to undertake work related activity.'

My tribunal takes place next Thursday, November 21st. As I do not trust that the 'Health Care Professional' working for ATOS was , indeed, 'objective and impartial,' do I need to get an independent assessment by a 'disabilty analyst?' Where do I find one of these and can I have my tribunal postponed while I arrange to see one? Is it worth spending any more money on obtaining medical evidence or shall I just pray that the tribunal panel will be understanding? They were at my last appeal but that was eight years ago.

I agree with Gordon. It will be difficult at such short notice to find an unbiased medical analyst.

There are some, but in my opinion it would take more just a week to find one.

My advice would be to let the appeal go ahead and let them decide. It's not uncommon for them to ignore medical reports from Atos and Capita and choose to prefer the Appellant's evidence instead.

I've represented numerous clients where this has happened albeit for DLA, but most Tribunal members sit on other appeals such as ESA.

The Tribunal is a Court of Law, albeit in an informal one, and you are guaranteed an impartial and fair hearing under the Human Rights Act.

When I filled in my ESA 50 I said, in response to every question asking whether I can do a certain action, that I cannot do this safely or repeatedly. This was completely ignored by the ATOS assessor who looked at what I could do ONCE and judged that I could do this in a work situation i.e. I could lift a cardboard box (once). I could sit in a wheelchair without pain (on that particular day). I think I have done all I can and will just pray that the tribunal panel understands the law better than the ATOS assessor did. Last time I had a tribunal I went from 8 points to 21 so I am very hopeful.