ESA APPEAL

Approx 18 months ago I was awarded Income Related ESA and attended a medical where I was put into the WRA group I attended the 5 work focused interviews and felt a little bit pressured to find a job. I suffer from anxiety and depression and am prescribed regular medication by my doctor. I was assured by my pathways to work advisor that if it was necessary to re-claim ESA my claim would be reinstated as previously but this was not the case. My illness returned with such severity that I was forced to resign the job I had found after 6 weeks. Then the battle began. I appealed against the decision not to reinstate my benefits to the higher rate but then, having been asked to attend a further medical, was awarded zero points and have had to submit a second appeal and am awaiting a hearing date. I am very concerned about the whole process and although I have asked for an oral hearing, I would appreciate any help or advice anyone can offer. Before I received cold weather payments but now because I am only receiving the assessment phase rate, I am not receiving these. If I am successful at appeal would I get these cold weather payments? Would my ESA be backdated to the higher amount from the outset of my second claim? Can I submit a report from my doctor prior to the appeal or do I submit this on the day of the appeal? I have discovered the doctor who carried out my medical assessment was only allowed to work for ATOS as in a closed FTP Hearing (Fit to Practice) conditions were imposed that he was not allowed to practice but only to work for ATOS. Am I allowed to bring this to the attention of the Tribunal Judge? Can I say that in my opinion he had no experience in Mental Health given that he was, by trade, an orthopaedic surgeon? Help please because this whole situation is worsening my condition and causing me to be very stressed.

welshgaljennifer wrote:

Approx 18 months ago I was awarded Income Related ESA and attended a medical where I was put into the WRA group I attended the 5 work focused interviews and felt a little bit pressured to find a job. I suffer from anxiety and depression and am prescribed regular medication by my doctor. I was assured by my pathways to work advisor that if it was necessary to re-claim ESA my claim would be reinstated as previously but this was not the case. My illness returned with such severity that I was forced to resign the job I had found after 6 weeks. Then the battle began. I appealed against the decision not to reinstate my benefits to the higher rate but then, having been asked to attend a further medical, was awarded zero points and have had to submit a second appeal and am awaiting a hearing date. I am very concerned about the whole process and although I have asked for an oral hearing, I would appreciate any help or advice anyone can offer. Before I received cold weather payments but now because I am only receiving the assessment phase rate, I am not receiving these. If I am successful at appeal would I get these cold weather payments? Would my ESA be backdated to the higher amount from the outset of my second claim? Can I submit a report from my doctor prior to the appeal or do I submit this on the day of the appeal? I have discovered the doctor who carried out my medical assessment was only allowed to work for ATOS as in a closed FTP Hearing (Fit to Practice) conditions were imposed that he was not allowed to practice but only to work for ATOS. Am I allowed to bring this to the attention of the Tribunal Judge? Can I say that in my opinion he had no experience in Mental Health given that he was, by trade, an orthopaedic surgeon? Help please because this whole situation is worsening my condition and causing me to be very stressed.

Hi,

Whilst not wishing to 'duck' a question, I would say in your position you do need to get some face to face advice as a matter of some urgency. This is due to both the complexity of your situation and the possibility of a complaint re the Doctor (albeit FTP may or may not be a reason to be employed as an EMP by ATOS).

Also, without having full access to your case papers, to offer any advice has the potential to hinder your case.

Yopu can obtain face to face advice from the agencies listed here:

www.benefitsandwork.co.uk/images/image/samples/getting_help.pdf

or via your local Citizensd Advice Bureau or Community Legal Advice -

www.communitylegaladvice.org.uk/

Sorry we cannot answer you directly, but to even attempt it without sight of all the case papers may do more harm than good and lead to giving perhaps false hope/aspirations.

Pete