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TOPIC: Tribunal success

Tribunal success 8 years 8 months ago #54512

Hi,

This is my first contribution to the Forum.

Whilst I have been a member for some time now I have not been too inclined to post - more of passive observer really..

I had my Tribunal today after being declined ESA and they have allowed my appeal!

I am still quite numb and have to keep pinching myself to reassure myself its true.

Most of the past year has been what I can only describe as being a living hell. Earlier last year I was medically retired after 30+ years of being in continuous employment and quite by chance learned I may be entitled to ESA.

My assumption it was to be a formality was short lived. I have a multipicity of medical conditions and naiivley thought attending the ATOS medical would be a formality.

Oh, how I was wrong! The medical was a nightmare. The "HCP" was ignorant to the point of being obnoxious and the resultant report bore no resemblance whatsoever to what happened. The sooner these are recorded the better.

I appealed listing numerous irregularities but that was a complete waste of time as the Decision Maker sided with the findings of the HCP.

After submitting various medical reports and a comprehensive draft to the Tribunal Service the Decision Maker still refused to budge and I was forced to endure the anxiety and apprehension of a personal attendance at the Tribunal.

The Panel were very courteous and did everything possible to ensure I was at ease and at one point adjourned for a short while.

Fearing the worst after the adjournment upon entering the Panel informed me they did not wish to hear any further evidence as they had already heard sufficient evidence to allow my appeal on ne condition alone and was therefore entitled to ESA.

In my instance, I felt that the bulk of the questioning was carried out by the Doctor and I am convinced a great deal of credence was placed on the medical notes I obtained from my GP.

This has been a dreadful experience and the whole procedure needs to be revised to ensure integrity and honesty comes into play.

There needs to be an independant enquiry into the relationship between ATOS and the DWP and what exactly are the terms of the contract particularly in respect of any "performance" targets.

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Last edit: by Gordon.

Re: Tribunal success 8 years 8 months ago #54515

Hi Barbarag

Well done for getting through such a stressful process, and for getting a result.

Derek

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Re:Tribunal success 8 years 8 months ago #54517

Thank you Derek.

I would also like to add that I found the various sources of information on the site to be invaluable and worth every single penny of subscription.

I was unable to get any advice from various support groups as I didn't qualify so felt pretty much out on a limb.

From my (unpleasant) experience you don't need it, provided you pick through the ATOS opinions piece by piece and defy it with recorded medical findings.

My faith in the Justice system has been restored and my greatest relief is that someone( the Tribunal) has actually listened to me and believed I have been telling the truth.

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Re:Tribunal success 8 years 8 months ago #54523

Congratulations Barbara - well done for all of your hard work.
Take care.

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Moderators: GordonGaryBIS