Employment and Support Allowance (ESA)
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Esa tribunal fears

Hi not sure if i am posting correctly as just joined ! Any advice on esa tribunal I'm terrified ! 63 years old and scored 0 points at assesment it reads like i was a different person in that room ! I suffered bladder damage during cancer op and have self catheteruzed fior passed 9 yrs also poor mobility as nerve damage to my leg when lymph nodes removed left me walking with stick as leg can give way unexpectedly I have had quadruple bypass surgery 3 years ago and have breathless ness and angina last scans showed Diastolic H/F and not surprising Im on long term meds and depression/anxity yet according to DWP I'm fit for work and 0 points i am totally ill at the thougbts of whats to come Friday any advice and reassurance greatly received should i tell them my home assesment from DLA to PIP awarded me standad mobility and standard care rate or is it best not to mention it ? My mind is in a whirl i had melt down trying to put together notes ect on what to say to tribunal I've workec in NHS right up to my cancer and illnesses was given nhs pension in medical grounds with no problem 3 yts ago when i finally applied for it as I had always hoped i would get back to work but sadly not I now feel thanks to DWP a worthless burden to myself and everone else sorry for the rant !



Replies

  • zakbloodzakblood Member Posts: 419 Pioneering
    the ESA assessment is a waste of space and not fit for purpose, your just one of many it's failed buy someone like a nurse or paramedic even who has no idea on anything, now don't worry about the Tribunal, that's different, there not from the DWP and tbh have brains, can read, and do listen, so be honest and truthful and they will give you respect and the hearing you deserve, good look and welcome to the forum and please let everyone know the outcome, as it does help, your not alone, and they didn't pick on you, it's just a [email protected] system run by loons and like mentioned above, not fit for purpose and doesn't most of the time no longer work as designed, your just one of many who fell by the way side and ended up somewhere where you needed to have been, the Tribunal will sort out the mess the DWP has made and will make it all worth it, you have truth and justice and medical history on your side and more than enough imo to fully be made unfit to work
  • JaysJays Member Posts: 7 Listener
    Thank u so much your kind thoughts help the ironey is if age on pension had never changed at 63 i would be retired and at least have some dignitary left will let u know outcome they have my medical records snd gp letter s ect so nothing more i can say or do except hope for fair outcome either way my medical difficulties remain as they are !
  • zakbloodzakblood Member Posts: 419 Pioneering
    i retired and got my pension, aged now 52, and found fit to work this april, i'm now looking for a job after scoring 0 points in a ESA waste of space with a useless nurse who didn't know the difference between a man and a woman, has referred to me as both on the form, just one of 6 mistakes she made, of which 4 i've had over turned, 1 is 50/50 which i'll win at tribunal and one is word of mouth, so looks more for me than to her as i've already proven her to be a liar and fabricator of none truths in a factual documents lol so again good look and don't worry, i'm in the same boat, paddling against the tide and just smile and laugh alot, at how daft they all are,. but never say to your face when proven wrong there sorry and still keep there jobs, which is another story,...
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A Tribunal isn't about proving the lies/contradictions, it's about proving you qualify for that benefit.

    @Jays If you have extra evidence to send to support your claim you need to make sure this arrives with HMCTS no later than 10 days before the hearing date. Taking it with you on the day of the hearing you risk having your Tribunal adjourned, if there's not enough time for them to read the evidence you bring with you.

    They are totally independent to DWP and the health assessment providers and will listen. You will need to speak for yourself because they will want to hear it from you how your conditions affect you.

    Do be aware that any worsening of condition since the decision was made will not be taken into consideration.

    Sometimes it's not possible to have a decision on the day, if this happens they will write to you within a couple of days. It doesn't mean you weren't successful, it just means you have to wait a little longer.

    If you're successful, any backdated money owed will take between 5-8 weeks. If you're claiming assessment rate with a sick note while you wait for the hearing then you'll need to continue to send them until you hear from DWP.

    Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • zakbloodzakblood Member Posts: 419 Pioneering
    good point and well said and correct as always, but if your points at tribunal lead to you gaining the points back or proven beyond reasonable doubt that the person on the day didn't follow the rules and standards set by the DWP and test center, by proving the lies and errors, then it's what i meant to say, and how i won and over turned my last tribunal, argued the points made in the report were wrong, as the person who did the test lied and made false claims, which was proven to be the case, and had it over turned back in 2008/9 now at the same point again, with another 0 score, based on a report full of provable lies and mistakes, which the assessment center has already agreed where made, but won't or can't over turn her 0 point score, but as i have pointed out 6 errors so far and had 4 proven already and letter saying the same thing from them, and now the nursing and midwifery council also taking the case to the 2nd stages, seems i was right all along and have the grounds again for another day in tribunal.

    "A Tribunal isn't about proving the lies/contradictions," and i disagree, on a point of law, if you can prove a person who has done a test has done it wrong / incorrectly and hasn't followed guidelines laid down by the test center and DWP , made up stories and included errors and lies in a report you can prove to be so, which 4 out of 6 so far have been agreed, one is 50/50 which i'll win at tribunal with the help and support of the NMC support and findings, i can and will again bring her character and ability into poor professional misconduct and have the report again over turned on the law points of being a miscarriage of justice, a report which is flawed, incorrect and full or errors and which makes the report none factual "refers to a legal act or verdict that is clearly mistaken, unfair, or improper." on the grounds of lies, proven already, not following procedure, proven and letters so far to prove both from the test center and being refused a recording on the day, when asked in written letters and forms 2 and 3 months prior to the test.

    i end my case for the defense, i'm not going to over turn the 0 score points or argue the 0 points scored rightly or wrongly, i'm having my day in court to prove her inability to do a report factually and honestly and above all correctly following guidelines laid down by the DWP and test center,...

    so good luck Jays, poppy knows best 
  • JaysJays Member Posts: 7 Listener
    Thank u both i just going to go in state my case i cannot change my medical condition this time nxt week I'll still have same problems regardless its just sad that unwell people have ti be treated this way guess I'm bin for another sleepless night will post out come eithet way wish i had found this site sooner my main hope as i see it is there own criteria states Bladder incontinence and use of catheter ect qualifiy you I'm sadly well in that group without my cardiac and mobility issues ! 
  • david235david235 Member Posts: 170 Pioneering
    @zakblood - you will not be able to use the Tribunal in the way that you wish.

    I understand the desire to "seek justice for wrongs done", but the Tribunal convenes to determine your entitlement to a particular benefit using the civil standard of proof, "more likely than not". The only findings it is empowered to make, as a matter of law, are in relation to your entitlement to benefit. It has no jurisdiction over the conduct, character and competence of the assessor, or the refusal of a recording. The Tribunal judge will not hear evidence relating to matters that are not before the Tribunal and the Tribunal's decision will not express any opinion on matters not directly relevant to your entitlement to benefit.


    Any complaints about the assessment provider should go through their complaints procedure (click here, then scroll down to "How can I make a complaint?"), then to CHDA's Customer Relations team, then to the DWP Independent Case Examiner. This is the correct route to entertain your complaint about a recording being refused.

    If you have not already complained to the NMC about the nurse who assessed you (it sounds like you may have already done this) and you believe their fitness to practice is or was impaired by way of misconduct, you must use the NMC's fitness to practice procedure (click here).


    The only way you are likely to win your Tribunal in relation to ESA is to make the positive case for the award of the level of benefit you believe you deserve according to the legal tests laid down. It is possible to overturn adverse findings at Tribunal - a good proportion of those going to Tribunal succeed. I agree with @poppy123456 's advice to you.
  • zakbloodzakblood Member Posts: 419 Pioneering
    thanks to you both for the advice, mute point, back in work very soon tbh and so happy to be away from the DWP once and for all hopefully,...
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Hi @Jays, good luck at your tribunal, is it today or next Friday? As you've said it's best just to state your case. :)
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • JaysJays Member Posts: 7 Listener
    Today been up since 6am couldn't sleep anyway just wanting it over and done with thank you for you kind wishes 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Good luck. Do let us know the outcome.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • JaysJays Member Posts: 7 Listener
    Hi Big thank you to everyone who replied Had Tribunal today after year and a half of stress and worry plus no payment I was dreading it but Judge and Doctor could not have been nicer they were professional in everything The clerk of court said we would be in 45min to an hour we were a 12pm appoint and back in car for home by 12.35 with DWP decision overturned ! I cannot believe it all those months of worry should not have happened ! Maybe i might sleep tonight at long last ! Good luck to anyone else going for tribunal I almost backed out of appeals as i was so stressed anyone going please don't worry too much the tribunal service were brilliant ! 
  • April2018momApril2018mom Posts: 2,869 Member
    Jays said:
    Hi Big thank you to everyone who replied Had Tribunal today after year and a half of stress and worry plus no payment I was dreading it but Judge and Doctor could not have been nicer they were professional in everything The clerk of court said we would be in 45min to an hour we were a 12pm appoint and back in car for home by 12.35 with DWP decision overturned ! I cannot believe it all those months of worry should not have happened ! Maybe i might sleep tonight at long last ! Good luck to anyone else going for tribunal I almost backed out of appeals as i was so stressed anyone going please don't worry too much the tribunal service were brilliant ! 
    Congratulations! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Great news, may i ask what group they placed you into? WRAG or Support Group?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • JaysJays Member Posts: 7 Listener
    Support that was wherei was originally still cannot belive the worry is over fir a while at least!
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Hi @Jays, that's great news, I'm so happy for you! 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • JaysJays Member Posts: 7 Listener
    Thank you still cannot belive it after all the last 18 month of worry i can pay some bills !
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