ESA appeal - won

How were the questions asked by the Appeal Panel different from those asked by ATOS please?

Well done i was similar ,they awarded me 6 points,i appealed and got 18, unfortunaly the time it took to win my case ment that the 1st year was just about up,I have been for another medical this time i was claiming for mt Mental Health side as well,suprise suprise,the usual 0 points on every thing now i must appeal again.

julesg111 wrote:

I won my ESA appeal today - 10 months after my medical. The Atos doctor scored my 0 points the appeal gave me 24 points (12 physical and 12 MH), if only the original doctor had asked me the same questions I would have got through in the beginning. What a waste of funds.....and maybe I would have recovered from my depression earlier if I had not been so stressed without any money.
i've also been awarded DLA (mobility) so no longer feel i'm on the edge of destitution.
Any way its worth fighting - so don't give up

What questions were asked at appeal?

Hi Jiles,

Sorry to hear about your problems at work. There are linking rules in relastion to ESA - the 12 week linking rule means that two periods of being unfit for work that are less than 12 weeks apart count as the same period. There is also a 104 week linking rule that may apply if you have been back at work for 13 weeks.

But do please get advice before taking advantage of the linking rules if you possibly can.

if there is any possibility that your problems at work may be connected to your health condition then you may have a claim against your employer for disability discrimination. Again please try to get advice.

Good luck,

Steve

DepressedDerek wrote:

Hi Jules

Congratulations on winning your appeal with 24 points.

I've known many people who feel they have no chance after scoring zero points, I'm sure your result will offer a lot of encouragement to many.

I agree with your second point that the stress of appealing does not help, it only hinders any effort you make to improve your health.

Best wishes

Derek

julesg111
wrote:

I won my ESA appeal today - 10 months after my medical. The Atos doctor scored my 0 points the appeal gave me 24 points (12 physical and 12 MH), if only the original doctor had asked me the same questions I would have got through in the beginning. What a waste of funds.....and maybe I would have recovered from my depression earlier if I had not been so stressed without any money.
i've also been awarded DLA (mobility) so no longer feel i'm on the edge of destitution.
Any way its worth fighting - so don't give up