ESA Tribunal

Please can I have some help? After being on ESA for 6months due to being diagnosed with a Spinal Cord tumour& crumbling spine in Dec. 2010. Also, a trapped disc, due to an industrial accident in Aug. 2010, constant migraines & depression, I failed the 2nd medical. Being too worn out by my illness I went onto JSA for a month, however, I was suffering very badly with sciatic pain & depression & the JSA refused to let me sign on & said I had to appeal against the ESA decision, that was 4months ago! Today I heard back that my appeal is to go to Tribunal & I am really frightened. I have read the notes from the Atos nurse, she has put that I have back pain, yet it is far worse than that, I had even sent them my MRI results, she also said I was not overly depressed, yet the week before I had my anti-depressants uped from 20mg to 60mg, & I broke down in her room while I showed her the wound on my arm that I had had stitched up the previous week due to self harm, caused by everything being out of my control. I had a good job & never asked for all this to happen & I just don't know where to turn for help to get me through the tribunal. The whole system is so unfair & really sick people are to ill & run down by it to fight, this is why I ask for your help & support! Kind regards, Julie x

Hi Julie
At a tribunal you will be seen by a Judge and a Doctor, the doctor will realisticly have more knowledge of your health conditions and how they would affect you more than an atos nurse would. although my health conditions are different to yours, i know what it is like to have depression.I to have failed the work capability assessment or medical as we call it and am beginning my appeal and am using the ESA appeals guide nov 11 to help me.At your Tribunal i hope you will take someone with you for moral support.I can understand you feel frightened, but it is another chance to get ESA(an old saying-another bite of the cherry)welfare rights should be able to help and give you some guideance.
Good Luck Mike

Thank you Mike, & good luck with your appeal!! & Thanks Gordon, I will be looking through all the info on the site & asking questions to give myself the best possible chance of getting through this!

Hi Julie

I think it will be to your advantage at your Tribunal appearance that it the JSA refused to let you sign on and told you to go to appeal. When my husband who has a mental health problem went to appeal (he had originally been given 0 points after the ATOS medical)the doctor on the panel gave him plenty of time to answer the questions and really seemed to listen. The original decision was overturned by the tribunal who gave him 18 points. A very interesting question they asked him was if he had had to miss any important family occasions because of his illness so be prepared for that one. Good luck.
Kind regards

I fractured my spine, was operated on and put in a brace but this was still classed as a 'bad back' in DWP appeal notes. I did berate them for their lack of specificity and their propensity to trivialise!

Don't let it put you off and make you question yourself. If you are not fit for work you should not be pressured out of what you're entitled to.
Try to get all the supporting evidence you can but please don't be put off by the thought of tribunal. In fighting you have nothing to lose.