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TOPIC: ESA APPEAL

ESA APPEAL 8 years 7 months ago #17988

  • gary rogers
Hi, I am going to my tribunal today, has anybody got any tips, I am off sick with depression, I have been refused ESA, they scored me o points, dreading it today. thanks

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Re:ESA APPEAL 8 years 7 months ago #18015

Hi,

Sorry Gary, only just spotted your post.

How did it go?

Steve

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

Re:ESA APPEAL 8 years 7 months ago #18062

  • gary rogers
:(Hi thanks for the reply, I went to the Tribunal on 1/4/10, it was a nightmare, the doctor was obnoxious, the judge was very rude, they did not believe anything I said, the original med. assessment doctor didnt listen to me, he scores me o points, I tried to explain that I have been suffering with severe depression for 15 months, I would have been better talking to the wall, as soon as I walked in, they had already made up their mind, they are obviously on a mission to refuse everybody ESA, regardless of their condition, nobody was successful on this day, a guy who went in before me collapsed with the shock, he being helped up outside the room, it was awful, how can two men decide your life in 15 mins, I dont feel that I have anywhere to go now, I am off sick, no ssp, and now no ESA, I am going to te Jobcentre Plus, to ask for some help, I am the breadwinner, I have a wife and daughter, but unfortunately I have been off sick, this decision will not help my depression, I also obtained additional evidence from my Psychologist and G.P., which was very strong, they just looked at it and didnt even comment on it, waste of time. I have just lost £256 overnight, I have worked for 30 years and paid NI contributions, when I need a bit of help, I dont get it, no wonder people are leaving this country, it stinks.

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Re:ESA APPEAL 8 years 7 months ago #18072

  • speakup
Hi Gary,
How dreadful to be treated like this. It strikes me you should never have been alone at this tribunal. It sounds like you might have had a lot of difficulty putting your case effectively as you are depressed. Maybe they've assumed you're ok just because you can put apparently put your case or something. There must be lessons for everyone appealing ESA in this.
Regards to your wife too, Gary. She must be very worried about you, as well as the situation for your family.

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Re:ESA APPEAL 8 years 7 months ago #18074

gary
rogers wrote:

:(Hi thanks for the reply, I went to the Tribunal on 1/4/10, it was a nightmare, the doctor was obnoxious, the judge was very rude, they did not believe anything I said, the original med. assessment doctor didnt listen to me, he scores me o points, I tried to explain that I have been suffering with severe depression for 15 months, I would have been better talking to the wall, as soon as I walked in, they had already made up their mind, they are obviously on a mission to refuse everybody ESA, regardless of their condition, nobody was successful on this day, a guy who went in before me collapsed with the shock, he being helped up outside the room, it was awful, how can two men decide your life in 15 mins, I dont feel that I have anywhere to go now, I am off sick, no ssp, and now no ESA, I am going to te Jobcentre Plus, to ask for some help, I am the breadwinner, I have a wife and daughter, but unfortunately I have been off sick, this decision will not help my depression, I also obtained additional evidence from my Psychologist and G.P., which was very strong, they just looked at it and didnt even comment on it, waste of time. I have just lost £256 overnight, I have worked for 30 years and paid NI contributions, when I need a bit of help, I dont get it, no wonder people are leaving this country, it stinks.


You could consider making a claim to the Upper Tribunal on a point of law, as you are obviously dissatisfied with the outcome of the appeal tribunal's decision?

If you haven't done so already, you should consider making a further claim to ESA immediately. Normally there is a 26 week exclusion period on claiming ESA again from the date of the original decision disallowing your claim to ESA, but if you can prove that your condition has deteriorated in the interim period, preferably with the help of medical evidence, then you may be entitled to the assessment rate of ESA, pending a fresh decision on another WCA assessment, which must be carried out as a result of the new claim and any new medical evidence.

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

Re:ESA APPEAL 8 years 7 months ago #18083

  • ruffles
Hi Mate sorry to hear what happened it is
now about time these people should be held
to account. I think that not before long
the goverment and its way of dealing with
disabled should have a test case put to the
europeon courts for human rights.As you and
all of us have payed into the system and
like a bad insurance company look for a way
out.I think that as for wife and children
they are not allowed to leave you without
money for food and houseing costs.I know how and what it feels like when you have
lived hear all your life and we are treated
like this. love to you and yours from
Ruffles. ;)

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