Beware of veiled threats at Appeal Hearings.......

Recently attended for my appeal re ESA. Can't say where for fear of reprisals. The panel consisted of a judge and the medical professional was a retired orthopaedic surgeon who used some very nasty and unprofessional descriptors relating to my size, in his report. The inference being that all of my mobility problems were caused by my excess weight and therefore not entitled to ESA. Wrong of course, in a point of law, as I have already been advised by CAB worker that was advising me. Grounds for appeal you might think - again yes, there are some grounds but not strong ones. The final blow was the question about other benefits I received - ie DLA. No comment made at the appeal - but in the statement of reasons the panel stated "we are appalled that this woman is in receipt of DLA and would suggest that the DWP investigate the validity of this award" I see this to be a very dangerous situation not only for myself but maybe others who could find themselves in the same position. Obviously I would be terrified to take this appeal to the next level for fear of losing my DLA and I am also now waiting, in fear, for the next brown envelope - suspending my DLA if that sly comment has been picked up.
I don't want to appear to be scare mongering but I do feel that people need to be aware of things that might happen - that you are not expecting!!

Spinninglizzy wrote: Recently attended for my appeal re ESA. Can't say where for fear of reprisals. The panel consisted of a judge and the medical professional was a retired orthopaedic surgeon who used some very nasty and unprofessional descriptors relating to my size, in his report. The inference being that all of my mobility problems were caused by my excess weight and therefore not entitled to ESA. Wrong of course, in a point of law, as I have already been advised by CAB worker that was advising me. Grounds for appeal you might think - again yes, there are some grounds but not strong ones. The final blow was the question about other benefits I received - ie DLA. No comment made at the appeal - but in the statement of reasons the panel stated "we are appalled that this woman is in receipt of DLA and would suggest that the DWP investigate the validity of this award" I see this to be a very dangerous situation not only for myself but maybe others who could find themselves in the same position. Obviously I would be terrified to take this appeal to the next level for fear of losing my DLA and I am also now waiting, in fear, for the next brown envelope - suspending my DLA if that sly comment has been picked up.
I don't want to appear to be scare mongering but I do feel that people need to be aware of things that might happen - that you are not expecting!!

If you feel you have not been treated fairly by a Tribunal who are now part of the Courts Service, then you should complain. See the guide in the FAQ. Sorry I cannot give the link as my computer internet access is useless at the moment, but any other moderators will guide you to the link.