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ESA Medical Assessment
- Puccalove
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11 years 3 months ago #115790 by Puccalove
Replied by Puccalove on topic ESA Medical Assessment
Oh yes, and good luck on Thursday!
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11 years 3 months ago #115795 by slugsta
I second that!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA Medical Assessment
Puccalove wrote: Oh yes, and good luck on Thursday!
I second that!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kevin O'Connor
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- Kevin O'Connor
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11 years 3 months ago - 11 years 3 months ago #115906 by Kevin O'Connor
Replied by Kevin O'Connor on topic ESA Medical Assessment
Well,managed to get into one of the tribunals as an observer. And What An Eye opener it was. the appellant was an elderly Asian women about my age (57) or perhaps a bit older.
She couldn't speak English so had an interpreter. her Son & Daughter were also there. The woman Struggled to walk and looked much worse than me. Sitting down staying comfortable seemed a problem for her.
There was a Judge And a Female Dr.The Judge started off with the usual statements,"this is a court of law" etc. He asked if she had any problems with me Being There Ans She Said,No.
After that, it Was all the Dr. I could say the Dr was Thorough and professional. she didn't seem a particularly friendly sort of Dr; but then,i suppose she doesn't have to be. It did seem to me that the Dr was trying to find out the extent of the woman's illness and how it affected her life.
The woman didn't help herself giving contradictory answers, through her interpreter, first claiming she had a downstairs toilet,then,when questioned further,saying she didn't but used a commode instead. Her children's responses,i also thought,weren't as helpful as she would have liked. They also contradicted each other.
The Only Time The Judge Spoke after the introduction,was to move the talk from one point to the next. At the End The Judge Asked her two,what i thought,baffling questions. How long had she been in the country (28yrs) and,had she ever had payed employment (No). What that has to do with anything,i Don't know.
He then told her that they would discuss her case after she left And post her the decision. This may have to do with the fact that just before she went in,something kicked off down in the reception (The tribunal is on the 4th Floor) Alarms were going off and i think the police were called.Nearly all off the Court Clerks rushed down to help. this last 10-15 mins.
I would hazard a guess someone didn't like a decision they got. This is probably why they didn't give her their decision there and then. They didn't even ask her to leave the room so they could discuss it,Just,"We'll post the decision to you" I don't think it bodes well for the lady.after all,there's nothing to fear from giving an Appellant a positive decision,is there?
What is this country coming to when a near 60 year old woman,maybe even a pensioner,Who is clearly Disabled,struggles to walk,has a Drs letter confirming this and still has to,basically,beg and grovel for her just Benefits? Its truly shocking.
I've seen your latest Email about how there are marginal seats that can be lost by the government because the people who have been abused by the system are significant numbers there.You and other disability groups MUST try and make this happen.
For myself,I'm not too confident about my tribunal tomorrow,but we'll see. I rather think I'll find out on the day,and I'll post tomorrow evening
She couldn't speak English so had an interpreter. her Son & Daughter were also there. The woman Struggled to walk and looked much worse than me. Sitting down staying comfortable seemed a problem for her.
There was a Judge And a Female Dr.The Judge started off with the usual statements,"this is a court of law" etc. He asked if she had any problems with me Being There Ans She Said,No.
After that, it Was all the Dr. I could say the Dr was Thorough and professional. she didn't seem a particularly friendly sort of Dr; but then,i suppose she doesn't have to be. It did seem to me that the Dr was trying to find out the extent of the woman's illness and how it affected her life.
The woman didn't help herself giving contradictory answers, through her interpreter, first claiming she had a downstairs toilet,then,when questioned further,saying she didn't but used a commode instead. Her children's responses,i also thought,weren't as helpful as she would have liked. They also contradicted each other.
The Only Time The Judge Spoke after the introduction,was to move the talk from one point to the next. At the End The Judge Asked her two,what i thought,baffling questions. How long had she been in the country (28yrs) and,had she ever had payed employment (No). What that has to do with anything,i Don't know.
He then told her that they would discuss her case after she left And post her the decision. This may have to do with the fact that just before she went in,something kicked off down in the reception (The tribunal is on the 4th Floor) Alarms were going off and i think the police were called.Nearly all off the Court Clerks rushed down to help. this last 10-15 mins.
I would hazard a guess someone didn't like a decision they got. This is probably why they didn't give her their decision there and then. They didn't even ask her to leave the room so they could discuss it,Just,"We'll post the decision to you" I don't think it bodes well for the lady.after all,there's nothing to fear from giving an Appellant a positive decision,is there?
What is this country coming to when a near 60 year old woman,maybe even a pensioner,Who is clearly Disabled,struggles to walk,has a Drs letter confirming this and still has to,basically,beg and grovel for her just Benefits? Its truly shocking.
I've seen your latest Email about how there are marginal seats that can be lost by the government because the people who have been abused by the system are significant numbers there.You and other disability groups MUST try and make this happen.
For myself,I'm not too confident about my tribunal tomorrow,but we'll see. I rather think I'll find out on the day,and I'll post tomorrow evening
Last edit: 11 years 3 months ago by .
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11 years 3 months ago #115911 by
Replied by on topic ESA Medical Assessment
Hi K O'C,
Thanks for the feed back.
Good Luck tomorrow !!!
Please do let us know how you get on.
bro58
Thanks for the feed back.
Good Luck tomorrow !!!
Please do let us know how you get on.
bro58
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- Puccalove
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11 years 3 months ago #115912 by Puccalove
Replied by Puccalove on topic ESA Medical Assessment
Look forward to hearing from you.
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11 years 3 months ago - 11 years 3 months ago #115953 by Kevin O'Connor
Replied by Kevin O'Connor on topic ESA Medical Assessment
Well,Its Much As I Feared. My Appeal Was Refused. They Awarded Me 9pts For The Mobility Descriptor,6 Short Of What I Needed.
They Were All Very Nice,But I Had A Bad Feeling Throughout The Whole Hearing. I Never Really Got To Raise Any Of The Issues I Wanted To.
They Asked Several Questions About My Walking And Breathlessness (My Ankylosing Spondylitis & Emphysema); A Couple Of Questions About My Irritable Bowel Syndrome And My Sleep Apneoa,And That Was It.
They Didnt Even Ask If I Had Anything Further To Say At The End,But I Insisted On Having My Say Anyway. In And Out In 20 Minutes. I Then Had To Wait 25 Minutes For The Decision.
They Also Put On The Refusal Form That They Had Considered Regulations 29 & 35 (Whatever They Are) But That They Did Not Apply. I'm Not Sure What Happens Now.
I Still Keep My JSA According To My Advisor,But Will This Affect It In Any Way? Does This Result Feed Back To The DLA/PIP?
My Advisor Said I Should Apply For ESA Again At The End Of February When 6 Months Have Passed Since My First Claim. I Intend To Do This.
I Had 3 Attempts Before I Was Awarded DLA, So Its Worth A Try.
One Question,If I Make A 2nd Claim For ESA,Will The Information I Put In My 1st Claim; The Fact That I Got Zero Points & My Failure To Get More Than 9 points In My Appeal Refusal Be Made Known To The People Assessing My 2nd Claim?
They Were All Very Nice,But I Had A Bad Feeling Throughout The Whole Hearing. I Never Really Got To Raise Any Of The Issues I Wanted To.
They Asked Several Questions About My Walking And Breathlessness (My Ankylosing Spondylitis & Emphysema); A Couple Of Questions About My Irritable Bowel Syndrome And My Sleep Apneoa,And That Was It.
They Didnt Even Ask If I Had Anything Further To Say At The End,But I Insisted On Having My Say Anyway. In And Out In 20 Minutes. I Then Had To Wait 25 Minutes For The Decision.
They Also Put On The Refusal Form That They Had Considered Regulations 29 & 35 (Whatever They Are) But That They Did Not Apply. I'm Not Sure What Happens Now.
I Still Keep My JSA According To My Advisor,But Will This Affect It In Any Way? Does This Result Feed Back To The DLA/PIP?
My Advisor Said I Should Apply For ESA Again At The End Of February When 6 Months Have Passed Since My First Claim. I Intend To Do This.
I Had 3 Attempts Before I Was Awarded DLA, So Its Worth A Try.
One Question,If I Make A 2nd Claim For ESA,Will The Information I Put In My 1st Claim; The Fact That I Got Zero Points & My Failure To Get More Than 9 points In My Appeal Refusal Be Made Known To The People Assessing My 2nd Claim?
Last edit: 11 years 3 months ago by .
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