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Greetings Earthlings!

KingKongsFinger

My name is Chris but You can call Me Chris if You want. I'm 40 years old and really struggling with life and disability but I wouldn't be struggling so much if it wasn't for the pesky DWP and their cr*ppy systems. I have back/rib/shoulder problems caused by scoliosis and a leg length discrepancy which have been going on since I was about 15 and I also fell from a tree aged 15 and that did something bad to My spine and ribs. I spent the best part of 10 years going to various "specialists" and was eventually told "it's all in Your head" by a pain specialist, after this I completely gave up with "specialists". In 2010 I was involved in a serious car accident as a back seat passenger where the car rolled at about 60mph and I also broke My back twice having 2 stress related seizures a few years ago in 2013 and completely wrecked 7 of My vertebrae and it's been pretty tough since then. I am lucky to be walking at all but I still try to remain as active as I can. Been having some problems with the fools at the DWP and yesterday I had a complete car crash of an esa tribunal. It was actually one of the most one sided things I've ever experienced and I didn't even get a chance to question or disprove the "decision maker's" decision, it was more like another (really bad) medical assessment and I think they are going to refuse it because I was questioning stuff they were doing so I've come here for some moral support as My brain is doing backflips and I don't know what to do

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steve51

Hi @KingKongsFinger

Welcome it’s great to see today!!!!!!

I am one of the Community Champion’s here at Scope.

We have got a lot of info/advice on here for the “pip benefit”

If it is “Moral Support” that you need them you have come to the right place my friend.

@steve51

KingKongsFinger

Hello Steve cheers for the reply,

Well that's the dumb thing, I got refused esa last year (and the year before and the year before, and so on and so forth) but I got awarded pip last week from Jan 2020, not entirely sure how that one works as the information I give is always the same! I'm just feeling a bit miffed atm and I don't feel like they really know what they're doing to People mentally, or maybe they do I don't know. In the original assessment I got 9 points for something I don't remember talking about and zero points for the 35 billion other things that are wrong with Me. I've sent emails to Boris and the DWP minister and also the minister for justice today outlining My concerns but I'd actually like to take them to court for making My conditions worse, has anyone ever done this and if so how would one go about it as I'm literally fuming?!

poppy123456

HI and welcome,

I'm sorry to hear all of this. We sometimes get members here that have had their Tribunal and didn't think it when that well but when the deciison's arrived in the post they were awarded so it may not be as bad as you think.

As for not getting the chance to question or disaprove the decision makers decision, that's not what the Tribunal is about, they wouldn't have been interested in any of that. What they would have wanted to know is how your conditions affect your ability to do any type of work.

All you can do now is wait for the letter from HMCTS with the decision. If you're not happy with the decision then you'll have 1 month from that date to request the statement of reasons and record of proceedings, once you receive these you'll need to find someone to take a look to see if they can find the error in law. If it's not found then you won't be able to take this any further.

Hopefully it won't come to that and everything will be fine.

steve51

Hi @KingKongsFinger

No probs my friend!!!!!

Yes both pip & esa are completely different benefits.

So this is why you get differences when accessed for either.

I hope that this makes sense !!!!!!!

@steve51

poppy123456

Steve is correct here, PIP and ESA are completely different benefits, with totally different criteria. ESA is about the work you can do, rather than the work you can't do and this is what they look at during the assessment and Tribunal.

PIP isn't about your ability to work, people claim PIP and work. Claiming PIP doesn't mean you're automatically entitled to ESA.

Sorry but take who court and what for? Just a little confused about this one.

KingKongsFinger

Hello Poppy thanks for the reply,

Surely if the "decision maker's" original evidence is incorrect and they clearly haven't assessed it properly then the original decision should be overturned on that basis, that's how it would work in an actual court of law?! What I had yesterday was not an appeal as far as I'm concerned, an appeal is against a decision, what I had yesterday was another medical assessment and they were deliberately misinterpreting the physical and mental descriptors to suit their needs. I know what You mean about when You say it still may go My way though, I've had a few job interviews in the past that I thought were total write offs but I ended up getting the jobs

KingKongsFinger

@Steve, very very odd if You ask Me, seems they're overcomplicating things

KingKongsFinger

@poppy123456 Take the dwp to court for causing mental and physical damage, they should not be allowed to do things that jeapordise Peoples' health

poppy123456

A Tribunal is not a court and nothing like it. For the Tribunal isn't about about the past assessment you had or the lies/contradictions that may have been told in any report. Concentrating wholey on that can seriously weaken your case.

What they woulds have been interested in his how your conditions affect your ability to work.

All you can do now is wait for that decision.

KingKongsFinger

@poppy123456 Sorry, I'm not trying to be contrary but what's the point in both parties sending evidence in if it's not about that? And I would concentrate that as it's wrong......looks like I'm doomed then becuase I really wanted to discuss the inconsistencies and untruths

KingKongsFinger

I object to having to keep explaining the same stuff over and over when the evidence is all there

KingKongsFinger

Clearly the system is badly flawed and badly biased when only one party is scrutinised

poppy123456

To be honest, it's a good thing that you didn't get the chance to discuss those things because they really wouldn't have appreciated that and it can only weaken your case.

You say the evidence is all there but it will depend on what evidence you sent. You say you were refused ESA last year and the year before that.

Are you currently in a group or were you found fit for work, which was the reason for your Tribunal.

steve51

Hi @KingKongsFinger

“Yes it’s par of the course”

My Friend!!!!!!

@steve51

KingKongsFinger

Oh I pushed quite hard on several occassions to discuss those things so I'm probably screwed, I still can't get My head around that one sorry, why send Me the papers of the dwp evidence if it's irrelevant, why even bother to compile it at all? Yeah I was found fit for work last year so I've been waiting since then to appeal. I've been trying to claim since about 2011 and they keep refusing then forcing Me to do a job I can't do, then I get the sack and they sanction My money and the whole thing repeats, bit **** really

KingKongsFinger

This is the first time I've appealed because I want an end to it once and for all this time

KingKongsFinger

Literally can't do it anymore

KingKongsFinger

I got evicted before because they sanctioned My money for 3 months for getting sacked so I had to use My rent money to eat

poppy123456

The "bundle" consists of your evidence, the form you filled in, the assessment report. DWP will also write their submission with the reasons why they think that you're fit for work.

Was it ESA that you were claiming or UC? If you've been found fit for work many times since 2011 then i don't understand how you've continued to claim ESA. Unless you claimed again for either a new condition or an existing condition that has got considerably worse.

New claims for the old ESA are no longer possible, unless you're claiming a severe disability premium in with another benefit.

New style ESA can be claimed but because it's contributions based claiming it will depend on someones NI contributions in the previous 2 tax years from working.

KingKongsFinger

Yeah it was ESA or JSA in the past but went to UC when they changed it over