ESA Success

I just want to let you all know that my wife and I went to her ESA tribunal today. In Aug 2009 she was put in the support group by a very understanding Atos Dr - Feb 2008 she had our 3rd child- August 2008 she had a full hysterectomy as she was diagnosed with uterine cancer. By September the cancer had spread to her lung. She then had surgery to remove this and chemo thereafter which finshed May 2009. She was understandably in a very bad way both mentally and physically. She had a medical in December 2009 and the Dr pretended to understand but wrote a report contradicting eveything and wrote details that were both untrue and irrelevant. She was told she was fit for work. We appealed- the Atos Dr gave her 6 points. It was only today (15 mths later)-( and the stress and worry has been horrific) that the tribunal took place and she was not put back in support group but ESA has been approved. She got 21 points! We had no representation just me writing a submission and highlighting where she should have been awarded. It clearly worked. The judge was really sympathetic, the Dr tried every thing to twist things but we were just honest and told her the impact it all had us. We are so relieved its all over! Fight for your rights.

Gordon wrote:

I'm sorry she didn't make into the Support Group but it is still a positive result, well done, especially as you had to go it alone.

Gordon

Such a long time after treatment IMO would be the reason she did not get support group....what I cant understand if the decsion is supposed to be made on the evidance at the time back then the support group would have been right ?

Dave wrote:
Such a long time after treatment IMO would be the reason she did not get support group....what I cant understand if the decision is supposed to be made on the evidence at the time back then the support group would have been right ?[/quote]
This is going to get increasingly difficult. Unless the DWP changes the system then the number of appeals is going to keep increasing faster that the Tribunals can process them. This can only mean that the gap between claim and appeal is only going to get wider.

That means that the people on the panel can only judge the person in front of them, not the person who would have been in front them more than a year earlier. I believe that the Tribunal is supposed to be checking on the decision that was originally made. That must get very difficult.

Hi, Bubblebug

Congratulations on getting a result. The system is a complete mess, and it's awful you had to wait so long and then only get a "second-best" outcome.

Well done for sticking in there. And thank you for sharing your success to encourage me and others.

Andy.