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Tribunal won today 2nd Time

  • Andy
13 years 3 months ago #64696 by Andy
Replied by Andy on topic Re:Tribunal won today 2nd Time
susan wrote:

I have recently won my tribunal on exceptional circumstances, life threatening illnesses. A guy I know who has the same disease also won his in march. He was told that they would review him in one year but he has now had an appointment sent to him to attend another medical.

Susan - well worth this guy you know contacting his MP. Calling him for another medical causes him distress and is a waste of public money. Two good reasons for his MP to take an interest!

He can email his MP through this website: www.writetothem.com

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13 years 1 month ago #68629 by Angee
Replied by Angee on topic Re:Won 2nd Tribunal
I have never heard of this but I myself have neurology problems. Iv had 2 operations and pain killing injections and am on high medication that only lifts the pain slightly. Iv had 2 ATOS medicals but on my last I failed at 0 points and had to go for an appeal but as I had been in hospital several times and had an opp. I could not atend the first hearing and re booked it but it was 9 months after my Atos medical and I was in poorer health than my appeal 13/9/2011. I did inform them that I have to undergo another MRI for central nerve pain which afects my arm now. Iv been looking on internet on ESA and ask if its true that if your G.P. puts a different ailment on your Medical Certificate can you re apply for ESA. My neurologist states this is a new ailment and should not be put into with my previous Sciatica back problems. The Appeal Jury said if the problem gets any worse I could re-try? what does this mean? Can I do anthing else after my appeal has been refused?

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13 years 1 month ago #68655 by Gordon
Replied by Gordon on topic Re:Tribunal won today 2nd Time
Angee

JUst to confirm your history; you have had two ATOS assessments, you passed the first one but failed the second. You appealed this Decision, but had to defer the initial hearing due to an operation.

Has your Tribunal been heard yet?

As more than six months appear to have elapsed since you scored 0 points at the medical, you are entitled to make a new claim for ESA based on all of your conditions.

Be aware that making a new application may limit any back payments you might be due if your Tribunal has not been heard.

Given the timescales since you last application and your new conditions you should certainly re-visit the ESA Claim guides in the Members Only area, as the ESA criteria were changed at the end of March.

If you can, seek assistance with your claim from your local CAB or Welfare Rights office.

Gordon

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

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13 years 1 month ago #68674 by slugsta
Replied by slugsta on topic Re:Tribunal won today 2nd Time
Congratulations, I am glad that you won your appeal again.

I have heard of this a few times - people who won on appeal being subjected to reassessment very soon afterwards - it is almost as if they are being 'punished' for having the original decision overturned ...

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13 years 1 month ago #69548 by Angee
Replied by Angee on topic Re:Tribunal won today 2nd Time
Hi thsnks for your reply. Iv been following your hints all the way. YES my appeal was re arranged for 13/09/2009 but my medical was in FEB. The appeal was unsucessful and I was only told to re apply if my condition got any worse. They stated I could sit, walk, and stand so was firt to work. Been for another MRI scan and now await results. Even my G.P. has signed another FIT NOTE saying Im not fit for work and has given me a letter to support my appeal but alas im still passed fit for work. I have had no letters fron benefit office and 2 weeks later my money is still being paid. I have requested a copy of reasons why Iv failed and received a letter only to confirm my written request. Any more advise would be much appreciated.

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13 years 1 month ago #69563 by Gordon
Replied by Gordon on topic Re:Tribunal won today 2nd Time
Angee wrote:

Hi thsnks for your reply. Iv been following your hints all the way. YES my appeal was re arranged for 13/09/2009 but my medical was in FEB. The appeal was unsucessful and I was only told to re apply if my condition got any worse. They stated I could sit, walk, and stand so was firt to work. Been for another MRI scan and now await results. Even my G.P. has signed another FIT NOTE saying Im not fit for work and has given me a letter to support my appeal but alas im still passed fit for work. I have had no letters fron benefit office and 2 weeks later my money is still being paid. I have requested a copy of reasons why Iv failed and received a letter only to confirm my written request. Any more advise would be much appreciated.

With regard to your failed appeal, you can only make an appeal to the Upper Tribunal on the basis that there has been an error of law, or procedure. Requesting the Statement of Reasons is the next thing to do do, but once you have received this, you really need to get face to face advice from an advisor with experience in appealing to the UT.

As I mentioned in my previous post, as more than six months have passed since the original Decision, you are entitled to make a new claim for ESA, based on any and all of your conditions. The criteria have changed since your last claim, so you should review the new Claim guides in the Members Only area.

Gordon

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