ESA " What Now" ?

My story so far!
I have now been on ESA a little over 1 year and still waiting for Appeal date (this month) I've been informed.

Being a member of this site and learning from it I feel that I am more than capable to argue my case.

However, with this in mind I am unable to find any information with my concerns to a Tribunal Judges Direction that was issued to the DWP/ESA on my request.

On Appeal I submitted a lengthy response to the DWP concerning my WCA/Report The DWP allegedly automatically reconsidered my case, during this time they made further contact with ATOS concerning my appeal response.

I received a decision letter stating that my case had been reconsiderd but not changed, therefore a Tribunal hearing was put on the table. I later received the DWP's Response and also heard from the Tribunal Service.

In the DWP Response I was disgusted to the fact that the majority of points I had raised had not been answered, However, one single piece of information that was present jumped from the page and hit me in the face, this was an hand written response ( in some language but not English at a glance ) from Atos, this was following the DWP request mentioned earlier.

The context was illegible to me, I also considered that It would also be the same to any recipient including the DWP Decision Maker of whom states that all information had been considered in the response.

I thought about this and had no other choice to approach the Tribunal with my concerns and requested a typed version (this should have been part of the DWP Response but absent).

I checked with the Tribunal that such document was not missing in my file, they said that they had not got it either.

The Best bit (I hope you are seated).

The Judge made a Direction for this document to be presented before he would proceed any further with my case, yes he too could not read it. The Direction was sent to my area BDC and received by an appeals manager, this person typed a memo to ATOS requesting such document, for some reason and beyond belief this memo was presented to the tribunal with the awaited typed transcript, believe it or not the appeals manager stated in writing that she could not read the original.

Summary so far:

1. I could not read it.
2. The Judge could not read it
3. The Appeals Manager could not read it.

Wait for It!

The transcript was supplied and signed off by another doctor, not the author, how about that then for justice.

The question, what do I do now.

Hi Kobiron,

I think the answer is, just keep on doing what you are doing, which is a splendid job of undermining the DWP evidence.

Ask the tribunal judge to make findings as to the reliability of the Atos evidence, given the issues surrounding the DWP's request for clarification.

Keep up the good work,

Steve

Thanks for that Steve, the Tibunal have also got further evidence that I have provided, of which undermines ATOS and DM's decision. With this in mind, I wonder if the case may "struck out" and on what grounds would this decision be made.

I assume that I can also argue the submission of the said transcript by ATOS not being from the original author, considering the evidence on it's original legibility.

Also the typed transcript shows a severe disregard and contradiction to the ESA85 and becomes highly biased.