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Finally won!!!

Today is a good day. Finally, I have received a letter from the courts to say I have won against the DWP and I am entitled to contribution based employment and support allowance and I do have limited capability for work. I have been fighting for this decision to be made since September 2017!!! The judge decided I didn't need to attend a hearing and I do not need to be assessed for 24 months, what a relief. ? Many times over the past year I was going to give up, the stress is unbelievable. But I knew I was right and they were wrong. How can I be receiving Pip standard rate care and higher rate mobility but not receive a single point for ESA? I kept fighting and was determined not to be treated this way. The Judge gave me 15 points for my lack of mobility after seeing my Pip assessment score.  Thank you Judge, at least someone has common sense! Shows it pays to keep every single piece of medical evidence and make notes.  I received no help or advise, just handed over 500 pages of medical evidence to fight my side. I had been receiving ESA from 2014.until 2017 without question. My condition has got worse and now I'm not entitled to it. Just proves to me that they've got a job to do and shows we have to stand up stronger and harder to fight for what is rightfully ours. It shouldn't ever be this way but I'm very glad I found the strength to keep going. 
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Comments

  • wilko
    wilko Member Posts: 2,449 Disability Gamechanger
    Well done you for staying the course and being strong. You have given hope to many struggling with the same issues. High five to you.
  • Cbear
    Cbear Member Posts: 14 Connected
    @ Wilko.... Thank you for your lovely words. I truly hope this can help others to keep going. Just wish we didn't have to fight so hard for it all. 
  • Dotty123
    Dotty123 Member Posts: 492 Pioneering
    It pays to fight show them there wrong there’s hope for us all 
  • Cbear
    Cbear Member Posts: 14 Connected
    I'm so glad I did put up a fight Dotty123 x
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    Well done, it beggars belief that you had to go all the way to tribunal to get what you were entitled to from day one. It shows what a shower of bastards the DWP are for ignoring your PIP award, which proved you were entitled to ESA. 

     
  • Cbear
    Cbear Member Posts: 14 Connected
    I know Benistmonk it's an utter joke. The whole system is an utter joke. I'm also waiting for my second spinal surgery, along with other medical conditions but still the DWP wanted me back in work. It seems Doctors signing forms and enough medical evidence to sink a battle ship just isn't enough for the DWP. Just want to Thank the judge who could see sense and not drag me through a tribunal. 
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    Great news. Was the decision limited capability for work (WRAG) or limited capability for work related activity (Support Group)?
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    I agree, the system is a total sham. I don't know why the DWP asks for medical evidence when all they do is ignore it. The last ESA50 I sent in, I couldn't be bothered sending all my medical letters in because I knew they would ignore them, I only sent a few letters and said on the form I would send the rest if they really wanted to see them, I got no reply to that request.

    You get a chance to send all your medical letters when you have to appeal anyway, so swings and roundabouts as they say. Next time I won't send any letters with the ESA50 because I know it is a waste of time. 
  • Cbear
    Cbear Member Posts: 14 Connected
    Hi Poppy123456 it's WRAG and the judge has stated I shouldn't be reassessed for 24 months. Hopefully I can be ill in peace now! 
  • Cbear
    Cbear Member Posts: 14 Connected
    I'm with you in that Benistmonk. It's cost a lot of time and money to send twice, but wasn't taking a chances. Never had to go through this whole process. Normally given maximum points without question. 
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    Exactly Cbear, you have to pay for photocopies, so no point in wasting money copying all your medical info for the DWP. Just send the most recent letters you have with ESA50, I noticed the DWP had most of my medical letters from my last appeal, they included them in their response to my current appeal, and still made a total balls of it. According to the DWP, the last time I was in treatment was 16 years ago. In actual fact, the last time I was in treatment was 2017 and now I am back in treatment again, thanks to the DWP messing me about. So I have to waste NHS time again to get more medical info to prove my case, where as I would be fine if the bastards left me alone.
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    Cbear said:
    Hi Poppy123456 it's WRAG and the judge has stated I shouldn't be reassessed for 24 months. Hopefully I can be ill in peace now! 
    I notice that you're claiming Contributions based ESA, is that correct? This is only paid for 365 days unless you're placed in the Support Group. Or do you mean you're claiming Income related ESA?
  • clarkjohnson
    clarkjohnson Member Posts: 210 Pioneering
    Well done cbear and congratulations to you 
  • Cbear
    Cbear Member Posts: 14 Connected
    @ Poppy123456 I've been in receipt of contribution based esa in a support group for 4 years without question. It was on my last assessment in September 2017 that they decided I wasn't entitled any more. I've now had that decision changed by the judge and I'm now been placed back in the support group. Hope this helps. 
  • Cbear
    Cbear Member Posts: 14 Connected
    Thank you Clark Johnson for your support and lovely comment. 
  • Cbear
    Cbear Member Posts: 14 Connected
    @Benistmonk, sounds like your going through it. It's totally cruel, I know we have to appreciate we have to go through the system but surely if you have the paperwork and a doctor says you can't work then that should be enough. Stay strong and keep fighting. Easier said than done when all you want to do is be ill and cope the best way you can. 
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    Thanks Cbear, all this hassle drains me and I end up losing my rag. As you say, the DWP should accept medical evidence, instead they are using an unethical process to discredit genuine medical evidence, and replacing it with concocted sham evidence written by muppets who would sell their own souls.
  • clarkjohnson
    clarkjohnson Member Posts: 210 Pioneering
    Hello benistmonk totally understand your frustration my freind and so do many others I can assure you 
  • Cbear
    Cbear Member Posts: 14 Connected
    @Benistmonk I feel your frustration and believe this past 18 month's has driven my mind to places no one should be pushed to go. The DWP have a lot to answer too. But I now feel the fight was worth every unnecessary step just to prove them wrong. Just hope it helps others. 
  • clarkjohnson
    clarkjohnson Member Posts: 210 Pioneering
    Thank you cbear very kind of you to think of others that's s nice 

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