Problems with ESA after winning Appeal

Hey

I recently won my appeal in July after being found fit for work by ATOS, the appeal was really not as bad as I thought it was, the judge and doctor was very nice. Only the week before, I finally had a diagnosis from a neurologist, a long-standing brain stem lesion whoch the doctor on the panel had guessed that what I had even before getting there!!

However, about 3 weeks after winning the appeal I was sent another medical questionnaire, and then sent for another medical. Just found out that I scored 0 points again!!

I've now put in an appeal again and sent the tribunal's decision with it too.

Has this happened to anyone else, and are they likely to reconsider the decision in my favour?? Although the tribunal went OK, tbe building it was in (Cardiff Magistrate Court) made me feel very uncomfortable as I suffer from bad dizzy spellsa dn places with high ceilings for some reason make it worse.

Please help me.....yes this also happened to me and further to this the DWP have also suspended all payments of Income related ESA until the appeal is heard and have told me they are entitled to do this under current legislation.


I had medical scored 0 apealed and was awarded ESA and 15 points. DWP requested a second medical and Atos gave me 0 again so I appealed and now have no benefits.

They say they automatically do not pay even the assessment rate during a second appeal and as a lone parent of 2 children with youngest age 12 I was told the only benefit I am entitled to claim is JSA.
I am desperate and can't believe they can just bully me like this it is making me far more ill. I was also shouted at by DWP over the phone.

Hi serene_butterfly

I'm afraid that it is common practice for the DWP on losing an appeal to immediately start the process again.

On the positive side, at least you've been there before and won! As you had an existing award for ESA that has been terminated, the burden of proof lies with the DWP. So if you feel that your condition hasn't changed, it is important that you make this clear on appeal.

Best of luck

Derek

Hi Victim of ESA

You are not the first to report that you have been told by the DWP that you cannot claim ESA whilst appealing.

My understanding concurs with Stephen's. You should state in writing or on your GL/24 appeal form that you wish to be paid ESA assessment rate pending appeal.

If money is an immediate problem, with two children, I would expect that you should qualify for a hardship payment or crisis loan, but your ESA payments should be backdated when they receive your appeal.

Best of luck

Derek