ESA Appeal Won - Support Group Reinstated

Hi everyone, just a few lines to let you know that I won my ESA appeal this morning and have now got my Support Group status back. I am so grateful to the guides for telling me what to expect, it made preparing for the hearing much more straightforward and less worrying. I represented myself as I only had three weeks notice and wasn't able to find anyone who wanted to take my case, but it turned out not to matter in the end. I am so relieved as my ESA is contribution based and as I've been getting it since 2008, I would have lost it altogether under the new rules which I believe come in next April.

If it's of use to anyone, my condition is secondary progressive multiple sclerosis (MS). I was awarded Support Group after a medical in 2009 but was then transferred to the Activity Group after the 2010 medical. I appealed on the grounds that the 2010 medical report was flawed in that the ATOS doctor wrote in it that I had told him I could walk 200 metres before having to stop, which I most certainly did not. What I in fact said to him was that I could walk around 20 yards before having to stop. I did not use the term 'metres', I don't even know what a metre is and where he got the figure of 200 from is anybody's guess, but it certainly wasn't from me. He actually put the question to me like this .. "You can walk 200 metres, yes?" to which I replied "No, it's 20 yards or thereabouts". I had to say this twice to him because he clearly wasn't listening and was more interested in his computer screen than getting vital details correct. He carried on like that all through the medical, "You can do such and such, yes? You can do so and so, yes?" which I thought was bang out of order and I got fed-up of having to repeatedly correct him. I knew the report was going to turn out to be a load of inaccurate codswallop and so it proved, losing me my Support Group status as a result and making me wait over a year for my appeal to be heard.

Although I was quite wound-up before I went into the hearing room, the two lady panelists were very pleasant and attentive which made things less stressful and I relaxed considerably once I was seated opposite them. I felt they were listening to me and were being thoughtful and considerate which is a darned sight more than the ATOS doctor was. They were also happy to accept a letter of support from my GP which I handed to the clerk before I went in. I know you're supposed to send it in at least seven days before, but I didn't have time and they didn't seem to see it as a problem. The whole process took around half-an-hour and they only kept me waiting five minutes for their decision.

Obviously, I'm very happy with the decision and am only sorry the whole ridiculous pantomime of yet another ESA50 and yet another pointless medical by a non-listening ATOS employee will happen in the not too distant future!

Great news EUMD,

Really pleased that you gained the correct result, and well done on representing yourself.

cheers

bro58

Thanks, bro To be honest, I didn't have much choice! None of the disability organisations wanted to know and when I phoned the council asking to see their welfare rights officer, the receptionist actually laughed at me and said they were 'far too busy' to see anyone! The local CAB were a dead loss and I would never go to them for anything again, they just treat you as if you're rubbish from the minute you walk in the place. I had to go through a lengthy screening process and got one appointment with a horrible woman who clearly couldn't have cared less and was unnecessarily rude, snappy and offhand although she did pull herself together slightly after I snapped back at her. I'd forgotten to bring some paperwork with me so basically she said call her when I'd found it, then proceeded to not return any of my calls, thus wasting the best part of a week. If she hadn't wanted to take my case she could at least have had the courtesy to let me know rather than treating me like dirt and then ignoring me. I really hope they ring me up for feedback because I'll give them both barrels! I was actually quite taken aback at how little support there is, in my area at any rate, for people facing tribunals.

Eyupmiduck wrote:

Thanks, bro To be honest, I didn't have much choice! None of the disability organisations wanted to know and when I phoned the council asking to see their welfare rights officer, the receptionist actually laughed at me and said they were 'far too busy' to see anyone! The local CAB were a dead loss and I would never go to them for anything again, they just treat you as if you're rubbish from the minute you walk in the place. I had to go through a lengthy screening process and got one appointment with a horrible woman who clearly couldn't have cared less and was unnecessarily rude, snappy and offhand although she did pull herself together slightly after I snapped back at her. I'd forgotten to bring some paperwork with me so basically she said call her when I'd found it, then proceeded to not return any of my calls, thus wasting the best part of a week. If she hadn't wanted to take my case she could at least have had the courtesy to let me know rather than treating me like dirt and then ignoring me. I really hope they ring me up for feedback because I'll give them both barrels! I was actually quite taken aback at how little support there is, in my area at any rate, for people facing tribunals.

I am afraid with all the cuts regarding funding to advice agencies, that things will only get worse.

cheers

bro58

That is absolutely brilliant for Eyupmiduck - what a nightmare to have gone through! Don't spend all the back pay on a flat screen TV or getting the gear for that Triathlon race you've been itching to do if only you had the money to buy the Speedo cossie & road bike - I am only joking - honest!!
To Happier Days
mayflower

Congratulations Eyupmiduck. I'm pleased you had a successful outcome.