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Tribunal

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maza
maza Community member Posts: 38 Connected
in Employment and Support Allowance (ESA)
Had my esa appeal this morning and it was refused. The doctor that was there believed that although I am quite unwell now I was not as bad when my esa was stopped in November. So that was why she refused the appeal. Even though I am now on universal credit and have been awarded LCWRA on the grounds of having severe functional disability. I give up. I found it very stressful and just glad it's all over. Mx
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  • clarkjohnson
    clarkjohnson Community member Posts: 210 Pioneering
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    Hello Maza it's designed to make people give up its called cost cutting they don't care of the cost to the individual person . 
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  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,671 Disability Gamechanger
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    Im sorry to hear that @maza :(
    Scope
    Senior online community officer
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  • maza
    maza Community member Posts: 38 Connected
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    They dont care what they are putting people through. I am recovering from pneumonia and sepsis and last thing I needed was all this going on. But i am just glad it's done and i can put it out my mind and concentrate on y recovery. Mx
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  • eric144
    eric144 Community member Posts: 22 Connected
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    Sorry to hear this

    I have an ESA appeal coming up. I'm not going. I have a UC WCA coming soon too. I'm not going to that either. I have claimed my works pension and will live on that starting in May. The whole thing has made me ill and I have to get out.

    I received a 140 page dossier about the appeal. The letter is hostile, petty and childish in the extreme. I have no wish to engage with that. They aren't trying to determine my fitness for work, simply opposing everything I (and my doctor) have written.

    Best of luck.
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  • maza
    maza Community member Posts: 38 Connected
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    There is no need for them to treat people like this. I am nearly 64 years of age and should have had my pension that I worked for until my health stopped me working. Universal credit awarded me lwrca without an assessment. They made  the decision on my medical evidence and medical history so hopefully to will be same and not need an assessment.  Mx
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  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    Hi maza

    Please excuse my asking, do you claim PIP ? and if so at what level ?
    Be all you can be, make  every day count. Namaste
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  • maza
    maza Community member Posts: 38 Connected
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    I am on dla higher rate mobility and low rate care. Mx
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  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    Ah ok thanks. The reason I asked is that when you reach SRA then your mobility award cannot be increased in the future. As you are still on DLA you will be invited to appy for PIP at some stage. When this happens the mobility award that you accept will be the one you carry forward as long as you meet the criteria.
    Some people approaching SRA have been caught out with this if they have a PIP assessment before SRA
    Be all you can be, make  every day count. Namaste
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  • maza
    maza Community member Posts: 38 Connected
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    Oh i see. Am quite happy to plod along without rocking the boat. I have been living on buttons on universal credit for months. But my LCWRA kicks in this month. Mx
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  • eric144
    eric144 Community member Posts: 22 Connected
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    I hope no one minds me posting this article. Please delete if inappropriate.

    'Sir Ernest Ryder, Senior President of Tribunals has said the quality of evidence provided by the Department for Work and Pensions is so poor it would be “wholly inadmissible” in any other court.


    He added that most of the benefits cases that reach court are based on bad decisions where the Department for Work and Pensions has no case at all.

    Speaking at a recent Bar Council event, Ryder said his judges found that 60% of cases were “no-brainers” where there was nothing in the law or facts that would make the DWP win.

    Such is the incompetence of the department, the Senior President said that he and his fellow judges were so incensed that they were considering sending them back - or charging the DWP for the cases it loses.

    https://www.disabilityrightsuk.org/news/2017/november/senior-judge-says-dwp-evidence-tribunals-so-poor-it-would-be-wholly-inadmissible




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  • maza
    maza Community member Posts: 38 Connected
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    Interesting ?
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