- Posts: 7
Tribunal won today 2nd Time
- Andy
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!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.
He can email his MP through this website: www.writetothem.com
Please Log in or Create an account to join the conversation.
- Angee
- Offline
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51290
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
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
- Posts: 9439
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 ...
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Angee
- Offline
- Posts: 7
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51290
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.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.
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.