ESA Tribunal decision

I won my ESA tribunal recently after scoring 0 points at an ATOS medical. I had a stroke many years ago and have Hemiplegia as a result, leaving me with a moderate/severe
weakness down the whole of my left side. Over time I have developed arthritic type pain as well as stiffness and Neuralgia.

The panel called my representative in before they saw me; she then told me they only wanted to discuss two descriptors. When I went in they simply asked me a few questions about my walking & handling and I was out within five minutes. I was later awarded 21 points and put in the work group.

My questions is, why did they not go through the rest of my appeal to agree/disagree the points I raised? Were they simply trying to address issues that were likely to get me the necessary points to pass the medical or could I assume they felt that my case should not have reached the appeal stage?

Although I am relieved to get a positive result I worry about the future and whether more medicals will be necessary.

Does an appeal win send a message to the DSS to hold back on their 'invitations' to an ATOS medical or will I have the stress & worry of going through this all again?


Having waited 10 months for my appeal to be heard and already attended the compulsory appointments at the job centre, will I be left alone for a while to manage my health concerns or does the process start again now that I'm formally in the WRAG group?

Hi Christine

Tribunals are not required to examine descriptors that are not material to the decision. Once they have established that you have scored enough points their decision is reached. This is largely to save time. A five minute hearing like yours could potentially take an hour if all descriptors in dispute are considered.

I regret to say that winning an appeal does not send a message to the DWP to hold back an 'invitation' to an ATOS medical, as many members have been reporting. Although the law can prevent you from claiming ESA for six months when a decision goes against you, there is nothing in law that states a minimum length of time before the DWP can reassess you when the decision is in your favour. It's entirely at the discretion of the DWP.

I think that once you have completed six interviews you are only required to attend one every six months, though I’m not sure about that.

Best wishes

Derek

Hi Christine

Firstly well done for taking your case this far and for being successful. Does it say anywhere how long it will be before you are reassessed? I am in the support group and it is indefinate as it doesnt indicate a re assessment date. I was very concerned that i would just get through the 1st tribunal and would have to go straight through it all again.

Kind regards
Mm