Tribunal won today 2nd Time

I am a very happy bunny today. I was due to attend my second Tribunal today but received a phone call mid morning from tribunal service to advise me that I did not need to attend court as the Judges had already made a decision in my favour. What a result and thank goodness for some common sense for a change. For those interested I was originally assessed in June 2009 given only 6 points and declared fit for work by Atos. So I appealed went to Tribunal April 2009 had my appeal upheld and deemed too unfit for work and put into support group using Exceptional circumstances clause 29(b). Less than 3 months later another ESA50 arrived and process started all over again. This time ATOS gave me 27 points but said exceptional circs did not apply, so DWP downgraded me to WRAG. As a matter of principal I once again appealed this decision, so I am well pleased with todays outcome. I just hope that I dont have to go through all of this a third time in the near future. Just hope DWP use a little common sense and give me a bit longer this time!!! I have a Neurological health problem for those interested called IIH. Good luck to all of those going to appeal dont be put off by system, you just need to keep playing the game!!!!

Thank you for letting us know that you were successful with your ESA appeal for a second time, and have yet again been placed in the support group.

You have clearly demonstrated the complete absurdity of ESA, when these repeat assessments after such a short period of time following your previous successful appeal, not only cause unnecessary distress for claimants such as yourself, but are also a waste of time and money through having to go through the expensive appeals process twice, and then ultimately the correct decision is reached for a second time.

When will the ignorant architects of this ridiculous allowance ever learn? Never I suspect!

caz draper wrote:

I am a very happy bunny today. I was due to attend my second Tribunal today but received a phone call mid morning from tribunal service to advise me that I did not need to attend court as the Judges had already made a decision in my favour. What a result and thank goodness for some common sense for a change. For those interested I was originally assessed in June 2009 given only 6 points and declared fit for work by Atos. So I appealed went to Tribunal April 2009 had my appeal upheld and deemed too unfit for work and put into support group using Exceptional circumstances clause 29(b). Less than 3 months later another ESA50 arrived and process started all over again. This time ATOS gave me 27 points but said exceptional circs did not apply, so DWP downgraded me to WRAG. As a matter of principal I once again appealed this decision, so I am well pleased with todays outcome. I just hope that I dont have to go through all of this a third time in the near future. Just hope DWP use a little common sense and give me a bit longer this time!!! I have a Neurological health problem for those interested called IIH. Good luck to all of those going to appeal dont be put off by system, you just need to keep playing the game!!!!

well done on winning and getting in the group you should be in its a no brainer (sorry for pun) that with iih you should be in the support group but with something i bet very few have heard of bet your gp had not .......atos would really struggle ... then once they got there head around it ... they would think thats easy to fix with a tap.... idiots they are

do you know there is a uk web site dont know if they ahve a forum?

Great to hear that you've succeeded in getting justice a second time, Caz.

I reckon this might be one to refer to your MP. Why the hell were you put through this unnecessary stress? It's clearly crazy. I know the MP could say "well you've got your result so what's the problem?" but the point is the stress you've been put through. Not to mention the waste of public resources! Depending on your MP's views it could either make them think again, or could provide them with some ammunition to fight for a more just system.

Well done, once again, for fighting for (and getting) a fair outcome.
Andy.

Thanks for your reply original Dave and yes there is a forum in uk for IIH which has been invaluable to myself and many others with this condition. There is also an American org IHRF who are currently the only ones trying to get Government grant funding for research, You are right about Doctors not having heard of condition. The first Atos health Assessment was carried out by a Doctor who freely admitted he did not know anything about my condition, and then proceeded to advise that it is a mild Neurological condition. I liked the pun about it being a no brainer, and you were right about the tap, everyone thinks that if you have a shunt fitted you must be fixed!!!

In my original post I put that my last Tribunal appeal was April 2009, should have put 2010. Know its not important in the scheme of things, but that has been two appeals within a very short space of time.