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Finally won!!!

Today is a good day. Finally, I have received a letter from the courts to say I have won against the DWP and I am entitled to contribution based employment and support allowance and I do have limited capability for work. I have been fighting for this decision to be made since September 2017!!! The judge decided I didn't need to attend a hearing and I do not need to be assessed for 24 months, what a relief. 😌 Many times over the past year I was going to give up, the stress is unbelievable. But I knew I was right and they were wrong. How can I be receiving Pip standard rate care and higher rate mobility but not receive a single point for ESA? I kept fighting and was determined not to be treated this way. The Judge gave me 15 points for my lack of mobility after seeing my Pip assessment score.  Thank you Judge, at least someone has common sense! Shows it pays to keep every single piece of medical evidence and make notes.  I received no help or advise, just handed over 500 pages of medical evidence to fight my side. I had been receiving ESA from 2014.until 2017 without question. My condition has got worse and now I'm not entitled to it. Just proves to me that they've got a job to do and shows we have to stand up stronger and harder to fight for what is rightfully ours. It shouldn't ever be this way but I'm very glad I found the strength to keep going. 

Replies

  • wilkowilko Posts: 1,234Member Chatterbox
    Well done you for staying the course and being strong. You have given hope to many struggling with the same issues. High five to you.
  • CbearCbear Posts: 14Member Whisperer
    @ Wilko.... Thank you for your lovely words. I truly hope this can help others to keep going. Just wish we didn't have to fight so hard for it all. 
  • Dotty123Dotty123 Posts: 197Member Talkative
    It pays to fight show them there wrong there’s hope for us all 
  • CbearCbear Posts: 14Member Whisperer
    I'm so glad I did put up a fight Dotty123 x
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Well done, it beggars belief that you had to go all the way to tribunal to get what you were entitled to from day one. It shows what a shower of bastards the DWP are for ignoring your PIP award, which proved you were entitled to ESA. 

     
  • CbearCbear Posts: 14Member Whisperer
    I know Benistmonk it's an utter joke. The whole system is an utter joke. I'm also waiting for my second spinal surgery, along with other medical conditions but still the DWP wanted me back in work. It seems Doctors signing forms and enough medical evidence to sink a battle ship just isn't enough for the DWP. Just want to Thank the judge who could see sense and not drag me through a tribunal. 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    Great news. Was the decision limited capability for work (WRAG) or limited capability for work related activity (Support Group)?
  • BenistmonkBenistmonk Posts: 163Member Talkative
    I agree, the system is a total sham. I don't know why the DWP asks for medical evidence when all they do is ignore it. The last ESA50 I sent in, I couldn't be bothered sending all my medical letters in because I knew they would ignore them, I only sent a few letters and said on the form I would send the rest if they really wanted to see them, I got no reply to that request.

    You get a chance to send all your medical letters when you have to appeal anyway, so swings and roundabouts as they say. Next time I won't send any letters with the ESA50 because I know it is a waste of time. 
  • CbearCbear Posts: 14Member Whisperer
    Hi Poppy123456 it's WRAG and the judge has stated I shouldn't be reassessed for 24 months. Hopefully I can be ill in peace now! 
  • CbearCbear Posts: 14Member Whisperer
    I'm with you in that Benistmonk. It's cost a lot of time and money to send twice, but wasn't taking a chances. Never had to go through this whole process. Normally given maximum points without question. 
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Exactly Cbear, you have to pay for photocopies, so no point in wasting money copying all your medical info for the DWP. Just send the most recent letters you have with ESA50, I noticed the DWP had most of my medical letters from my last appeal, they included them in their response to my current appeal, and still made a total balls of it. According to the DWP, the last time I was in treatment was 16 years ago. In actual fact, the last time I was in treatment was 2017 and now I am back in treatment again, thanks to the DWP messing me about. So I have to waste NHS time again to get more medical info to prove my case, where as I would be fine if the bastards left me alone.
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    Cbear said:
    Hi Poppy123456 it's WRAG and the judge has stated I shouldn't be reassessed for 24 months. Hopefully I can be ill in peace now! 
    I notice that you're claiming Contributions based ESA, is that correct? This is only paid for 365 days unless you're placed in the Support Group. Or do you mean you're claiming Income related ESA?
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Well done cbear and congratulations to you 
  • CbearCbear Posts: 14Member Whisperer
    @ Poppy123456 I've been in receipt of contribution based esa in a support group for 4 years without question. It was on my last assessment in September 2017 that they decided I wasn't entitled any more. I've now had that decision changed by the judge and I'm now been placed back in the support group. Hope this helps. 
  • CbearCbear Posts: 14Member Whisperer
    Thank you Clark Johnson for your support and lovely comment. 
  • CbearCbear Posts: 14Member Whisperer
    @Benistmonk, sounds like your going through it. It's totally cruel, I know we have to appreciate we have to go through the system but surely if you have the paperwork and a doctor says you can't work then that should be enough. Stay strong and keep fighting. Easier said than done when all you want to do is be ill and cope the best way you can. 
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Thanks Cbear, all this hassle drains me and I end up losing my rag. As you say, the DWP should accept medical evidence, instead they are using an unethical process to discredit genuine medical evidence, and replacing it with concocted sham evidence written by muppets who would sell their own souls.
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Hello benistmonk totally understand your frustration my freind and so do many others I can assure you 
  • CbearCbear Posts: 14Member Whisperer
    @Benistmonk I feel your frustration and believe this past 18 month's has driven my mind to places no one should be pushed to go. The DWP have a lot to answer too. But I now feel the fight was worth every unnecessary step just to prove them wrong. Just hope it helps others. 
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Thank you cbear very kind of you to think of others that's s nice 
  • WillwillWillwill Posts: 9Member Listener
    edited February 11
    Hello Cbear , what a relief you must have after all this time , congratulations on wining  your case .I have only just begun ,,I had to have home visit due to problems going to venue meeting place , I also had request for 3rd party to be present , luckily I did as they have written to DWP of the assessors report had many ,many discrepancy's, (porky pies)  any way glad you can relax for while regards Will  
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Having dealt with 2 corrupt departments so far, I can't help to think what if the judge is corrupt as well. 3 out of 3 that puts the tin hat on it. All I have to do then is pick up my peerage for services above and beyond the call of duty to the DWP. 

    yes, I am still trying hard to look on the bright side. :)
  • CockneyRebelCockneyRebel Posts: 4,276Member, Community champion Brian Blessed
    I agree, the system is a total sham. I don't know why the DWP asks for medical evidence when all they do is ignore it. The last ESA50 I sent in, I couldn't be bothered sending all my medical letters in because I knew they would ignore them, I only sent a few letters and said on the form I would send the rest if they really wanted to see them, I got no reply to that request.

    You get a chance to send all your medical letters when you have to appeal anyway, so swings and roundabouts as they say. Next time I won't send any letters with the ESA50 because I know it is a waste of time. 
    It is always best practice to make your best case at the earliest opportunity. If you make your claim with all the relevant information and evidence your claim is more likely to receive proper treatment.
    There is no point holding relevant material in case you need to go to tribunal. If you submit all relevant evidence at the start of a claim you have done all that can be done, it is already in place for the tribunal to see if it comes to it.
    If at a  later stage you receive further relevant evidence then this should be submitted at the earliest opportuniy.
    If you cannot be bothered to send in all that is relevant, why should the DWP be bothered  about your claim
    Be all you can be, make  every day count. Namaste
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Well howabout when the Dwp recieve plenty evidence and they can't be bothered? 
  • CockneyRebelCockneyRebel Posts: 4,276Member, Community champion Brian Blessed
    By making your best case you have done all you can do. If it then comes down to MR and or appeal to tribunal you will already have done all the work and this can make the appeals process less draining.
    No ammout of evidence will win an award that you do not meet the criteria for and no ammout of non relevant documentation will help your case.
    The claim form is the most important document and you should concentrate on filling it in to the best of your ability and submit along with supporting evidence. Alas you cannot make the DWP/HCP do thier job correctly, but you can do yours
    Be all you can be, make  every day count. Namaste
  • BenistmonkBenistmonk Posts: 163Member Talkative

    It is always best practice to make your best case at the earliest opportunity. If you make your claim with all the relevant information and evidence your claim is more likely to receive proper treatment.
    There is no point holding relevant material in case you need to go to tribunal. If you submit all relevant evidence at the start of a claim you have done all that can be done, it is already in place for the tribunal to see if it comes to it.
    If at a  later stage you receive further relevant evidence then this should be submitted at the earliest opportuniy.
    If you cannot be bothered to send in all that is relevant, why should the DWP be bothered  about your claim
    I appreciate what you are saying, but you can't really do anything about a corrupt system. When you send medical info to the DWP, it is removed from the ESA50 so the HCP does not see it. You are better off taking it with you to the assessment and handing it to the HCP in person. Then if you score 0 points, you can send the lot with the MR form.

    In my case there was no need to do any of this, having made several appeals and been to several assessments in the past, the DWP had all my medical info on file, case notes from Atos and DWP doctors, and tribunal rulings, the whole bloody lot was sent in their response to me a couple of days ago. 
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Well who makes the Dwp/ hcp do there job correctly alas ? 
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Hello it seems to me benistmonk you've done everything what more do they need for god sake 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    Each ESA assessment is classed as a new claim rather than a review. I agree with CockneyRebel here, it's always best to send all your evidence with the form. I don't see any reasons why you would hold back that evidence when it could go against your claim. Maybe this is why you're constantly having to appeal the decision?
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Well benistmonk as just explained there experience to us all . As for criteria I no someone who fits the criteria and by there own admission acknowledge there are people worse off health wise than themselves who don't . Can you tell me why that should be please 
  • CbearCbear Posts: 14Member Whisperer
    @ Willwill it certainly is a relief. I've never felt so anxious about opening a letter and once I started reading it was like a massive weight had been lifted. Had to read tge letter twice to let it sink in. So happy 😊 
  • clarkjohnsonclarkjohnson Posts: 173Member Talkative
    Great stuff cbear nice to hear some good news enjoy πŸ‘
  • CbearCbear Posts: 14Member Whisperer
    Thank you clarkjohnson  :-) 
  • jonny1jonny1 Posts: 13Member Listener
    FairPlay to you ,you feel your untitled to it fight it 
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Hello it seems to me benistmonk you've done everything what more do they need for god sake 
    I think they want to see me in a coffin, even then I think they would find me fit for work.
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Well who makes the Dwp/ hcp do there job correctly alas ? 
    No one and that is the problem, they are a law unto themselves, not accountable to anyone. It should be called the DWPS Dept of work and pension screwballs.
  • Dotty123Dotty123 Posts: 197Member Talkative
    True murderers is best named for them x
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Each ESA assessment is classed as a new claim rather than a review. I agree with CockneyRebel here, it's always best to send all your evidence with the form. I don't see any reasons why you would hold back that evidence when it could go against your claim. Maybe this is why you're constantly having to appeal the decision?
    Nothing like that, just like everyone else, I started off by sending everything in but it was all to no avail, I gave up in the end because it made no difference, to me anyway. As I said to CockneyRebel, the DWP sent me every scrap of paper I have sent them from day 1. I am not sure why they did that, my previous assessments and tribunals have nothing to do with my latest appeal. I can only guess that they have nothing to say and done this to confuse the issue, 262 pages, many of them double sided pages. It will take the judge a couple of days to read it all. 
  • BenistmonkBenistmonk Posts: 163Member Talkative
    Dotty123 said:
    True murderers is best named for them x
    That is a fact Dotty, there has been many cases where they were directly responsible for peoples deaths, one that comes to mind is an ex soldier suffering from PTSD, he was left with nothing to live on and after 3 days without food, took his own life.
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