Second Tribunal not won as previously stated

Hi all, two months ago I posted on the forum to say how pleased I was that I had won my tribunal to be placed back in the support group after being downgraded to WRAG after my second Atos Medical. This euphoria was very short lived as when I received my Tribunal Decision notice there were some very worrying inaccuracies. On one hand they advised that my appeal had been upheld (won). But as I read further I became increasingly worried as it then advised me that exceptional circs rules applied and that I was entitled to WRAG rate from week 13. Furthermore it said that none of the descriptors for the support group applied. How could they possibly think I had won when effectively they were ruling that I was still only entitled to ESA WRAG . More worryingly by saying that I was entitled to ESA at WRAG rate from week 13 they were effectively overruling previous Tribunal appeal when I went from 6 points and no ESA to support group status. This would mean that I had been overpaid and potentially have to repay money to DWP. Understandably I was very upset and wrote a very strongly worded letter to Tribunals service pointing out that I had not received a fair hearing as I had not been present at the hearing as advised by them that I did not need to attend as Judges had ruled in my favour. I asked for decision to be overturned and a new tribunal date set at which I could attend and have "my day in court". I received a response from them advising taht the decision had been set aside and that a new tribunal would be arranged. They advised that the decision was set aside on the basis of a procedural error having been made by the judges. Furthermore the judges would not be allowed to sit on any further tribunals for me. Apparently they had made their decision based on the fact that they thought my ESA had been stopped completely, (which it had been after my first medical, which I appealed and won) This would indicate to me that they could not possibly have read all of my evidence, because my second appeal letter clearly stated my reasons for appeal. Even the DWP decision maker I spoke to on the phone could not understand how the judges had got it so badly wrong, as she advised she had read my appeal letter and agreed it was very clearly stated on what grounds I was appealing. The system is complex but it is very disconcerting that the Judges can't get it right. Furthermore if they are not reading all the supplied evidence then they are trying to shortcut the system which is very questionable. I have been advised previously that the Judges have to read all supporting evidence. But in my case they clearly could not have done. No doubt the Judges are being pressurised to make rulings in appelants favour by reading their evidence prior to appeal day thus saving court time and getting through the backlog of cases, but in this case it has badly backfired on them, costing the good old tax payer more costs. There was me thinking that for once common sense had prevailed and a sensible decision had been made which avoided me the stress of having to attend another tribunal!!! How wrong was I. Another Tribunal set for 25th October. Do not feel very confident about it needless to say.

A quick update to my last post.Another ESA medical questionnaire arrived on Saturday.Dated a year and one day since my last medical assessment.Thought the DWP might have had the good grace to wait until after my tribunal before starting on me again. Beginning to feel persecuted. My husband tels me to give up the battle,but I won't on principle.

Hi,

I haven't seen your earlier post.

Based on what you said above, it sounds as though the tribunal mistakenly thought you had failed an initial assessment following a first claim. The words you have used suggest that they upheld the decision makers decision regarding the points score, but found that you met the 'exceptional circumstances' criteria - which defaults you to the work-related activity group. They then went on to examine if you met the support group criteria and found that you did not.

However, this is all academic now since thier decision was found to be in error and set-aside (a positive note for the tribunals service - they have corrected an error).

Your appeal is now as though the first tribunal has not happened and, hopefully, the second tribunal will not make the same error.

Your current claim therefore has the status of being one pending an appeal and it is not appropriate to be reassessed. I suggest the following approach:

1. Write a succint bullet point summary (short paragraphs) for the new tribunal so they understand your position.

2. Send a copy of the set-aside decision to your benefit office and let them know that your appeal is undecided and it is not appropriate for another assessment to be carried as you are still appealing the previous assessment.

I hope this helps.

Hi Tonibee thanks for your comments, but can advise that I have won my appeal today to be put back in the support group. However will have to start filling out my third medical assessment form now so no doubt the whole process of the Atos medical assessment then appeal will start over again. At least now I know how to play them at there own game and will make sure I drag my heels filling out forms to try and ensure I am still in support group come April 2012!! I might try for DLA next.

caz

OMG as i just said on another thread what a horrid merry go round this esa game is. i cant believe ur now going 2 go thro it for a 3rd time after appealing & winning twice! it must be costing a fortune, i thought the point was to save money?! & i also thought the point of the support group was that you relativly got left alone, or at least reassessed less frequently than WRAG. Crazy! my personal opinion is its to grind us all down into abandoning our claims, then we will all loose our houses when we cant pay our bills & be homeless & dying on the streets. Maybe they will just dig us 1 big mass grave then!

dont give up

martin