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0 Points FROM INCAPACITY TO ESA?

  • Sherlock
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12 years 3 months ago - 12 years 3 months ago #95494 by Sherlock
0 Points FROM INCAPACITY TO ESA? was created by Sherlock
I read the letter from the DWP about the Atos report about ‘ME’ today and giving me 0 points from Incapacity to ESA? Wow reading the letter it sounded like someone else...someone I could have been! It saddened me greatly as it made me reflect on how wonderful life might be without Severe Anxiety (20+ Years), High Blood Pressure and Sleep Apnea, allowing me to have a job and social life and all the freedom and enjoyment I crave.
Tonight i am grasping at the support from my wonderful family who love me unconditionally.
The flip side to this was the 1st Tier Tribunal just a couple of weeks before my Atos interview overturned the previous DWP decision about 6 months before hand to stop my DLA so I was backdated and happy then with that fair decision by the tribunal.

I wondered if in my ESA appeal if I could use the above recent win at the tribunal to help my case? after all nothing changed health wise in a couple of weeks.

I knew the person interviewing me from Atos would fail me as it was smug all over her face that she would. She kinda reminded me of a female version of Danny De Vito the actor but not in a good way and with a hidden agenda behind her smile ( oh well at least she did smile one or twice i suppose )

From what i read courtesy of this site is that the appeals process for ESA success is around the 40% mark and i will def challenge / appeal the very poor decision once again by Atos.

Any help is much appreciated and thank you in advance to those that help people like me including of course this website.
Last edit: 12 years 3 months ago by Crazydiamond. Reason: Emboldened print removed.

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12 years 3 months ago #95502 by Gordon
Replied by Gordon on topic Re:0 Points FROM INCAPACITY TO ESA?
Sherlock

A cautious yes to you using your DLA Decision as evidence for your ESA tribunal.

DLA and ESA only overlay in a couple of areas, and where they do, the ESA criteria are stricter than the DLA equivalents, so you will not prove your case through the DLA award, although it will go towards showing a level of disability.

Gordon

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

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