Just had me ESA Stopped - What do I do

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Re: Just had me ESA Stopped - What do I do

Postby bouncer0304 » Sat Jul 19, 2014 11:35 am

Wish you the very best of luck. I had my report this morning. My sister went through it and there's so much that has been left out/altered/contradicted it's unbelievable. For me that's good because it'll show her in a bad light. It also said i had no help getting in and out of the chair- all lies! Will be phoning Monday and tearing it to shreds. In one part she contradicted herself not once but twice :O I knew the report was going to be bad but this is comedy gold! Luckily i have the recording too so that'll help massively. Just shocking- that's why a witness and recording is so important. Lucky i had both really. Will be going to my local CAB centre next week and i think they are going to enjoy taking them down a peg or 12!
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Re: Just had me ESA Stopped - What do I do

Postby babymable » Sat Jul 19, 2014 11:59 pm

Ohhh I didn't know you could take a recording. I thought you could only record it if they gave you consent to. And I never would have thought they would agree to that. Next time I know better and will definitely be recording it.

I hope you get yours sorted :)
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Re: Just had me ESA Stopped - What do I do

Postby zappa20 » Mon Jul 21, 2014 1:34 am

babymable wrote:Ohhh I didn't know you could take a recording. I thought you could only record it if they gave you consent to. And I never would have thought they would agree to that. Next time I know better and will definitely be recording it.

:)


If you're found to be covertly recording any assessment, it will be cancelled on the spot. If you want it recorded you have the option to arrange with ATOS in advance that you want the assessment recorded. It can lengthen the time you wait for an assessment as machines are limited. At the end of the assessment you'll be given a CD copy of it.

I appreciate people will often want a recording as there can be a lot said etc, and memories aren't always great. But it's incorrect to think any assessor has to accept everything you say as fact regarding your capabilities or lack of. They are entitled to take a different viewpoint from you. Otherwise there would be no need for any type of assessments.

If the Assessor takes a different viewpoint on your capability, then you get the chance to justify your case at both a Mandatory Reconsideration or appeal, with a more detailed explanation or using examples from your daily life, or with medical back up.

If you feel the Assessor was unfair or impolite you should make a complaint directly to ATOS. It's a bad idea to muddy the waters of your Tribunal appeal with complaints about ATOS, as ATOS are out with the Tribunals remit. They are there to look at your case with a fresh pair of eyes.
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Re: Just had me ESA Stopped - What do I do

Postby mariamsk » Wed Aug 20, 2014 12:32 pm

Hi all the best, get someone to help you. I lost my first claim after appeal & re-trial, while on second claim then lost second claim, appeal,re-trial now while on 3rd claim am trying for a re-trial of the re-trial am taking it back to upper courts. Had C.A.B. helping me then when I moved have got Defconnect to help me. Don't give up the fight if your not entitled to J.S.A. because of your health there very good at trying to fob you of . Take care & hope all goes well. :-)
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Re: Just had me ESA Stopped - What do I do

Postby babymable » Wed Aug 20, 2014 6:55 pm

Thanks, I have asked them to reconsider the decision and sent a 4 page letter with 12 pages worth of doctors notes from the last few years. I'm sill waiting to hear back. In the meantime I am barely getting by on what I am getting. I think I may consider applying for even the lowest DLA as I need something more than what I am getting now.
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Re: Just had me ESA Stopped - What do I do

Postby Lindilou » Thu Aug 21, 2014 9:46 am

Mine has been suspended since I moved in permamently with my partner, contacted the CAB who just passed me onto local MP. It seems to me that everyone just passes the buck, it a never ending circle.
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Re: Just had me ESA Stopped - What do I do

Postby babymable » Tue Sep 02, 2014 2:42 pm

Well I got a phone call today from a decision maker telling me hey have looked over my letter and evidence and have given me a extra 6 points so I am now able to continuing receiving ESA but they have kept me in the work category. She wants more evidence and letters from the doctors backing up what I have told her (like how I had a scan and it showed I had bulging disks) she wants proof of that. Am I a idiot or is that not something they should have checked out when I told them at my assessment interview back in Feb, what's the point of these interviews and telling them things if they don't check out if what I am telling them is true or not. I'm at the point of giving up entirely.
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Re: Just had me ESA Stopped - What do I do

Postby rich44 » Tue Sep 02, 2014 2:54 pm

Yes the whole system is ridiculous and built to stop people claiming imho
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