Just got back from esa tribunal only scored 12 points

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Any help plz I only scored 12 points esa tribunal. .have a back leg problem for past 3 years sent mri reports in still wasnt enough..can I take this further or can I go back on esa again and retry as had atos medical back in September 2015..a bit stuck with all this.

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11 Replies

  • Posted

    Speak to CAB did you have your interview taped ? also ring up and ask for a copy of the reports done during the interview you can ring or write record letter from post office keep a copy of your letters ask your gp for a back up letter saying why you cant work contact your local MP for help 
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    • Posted

      Hi no didnt have interview taped..I have been to cab they been helping me since January. .but as I messed up medical atos form at the start didnt know how to fill it out properly. .I will go to my doctors see if they can be of any help...wondering if I can go back on esa and do it all again this has been a long stress full time.
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    • Posted

      Hi Lorraine

      Unfortunately for the next 6 months you cannot make a fresh application for ESA, unless you can prove that your condition has got significantly worse or you develop a new condition which limits your ability to work.

      You can now only appeal to the upper Tribunal and for that you need legal representation. You could look at the possibility of legal aid. Sounds like you were very unlucky scoring 12 points as that is only 3 short of the 15 point target.

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    • Posted

      Hi thank you for your reply. .so i cant make a fresh esa claim for 6 months from today you mean? I been trying to get a diagnosis past 3 yrs just felt been fobbed, off no one told me nothing whats wrong first mri scan I had said on report sciatica still they said nothing wrong..had another dec different stuff on there tribunal told me siatica I said no he said well we go by that.asked if it got worse since atos I said yes.anyway..all they talked about was walking sitting nothing bout trying pulling myself up by handrail or dressing some days my daughter help me 2 steps as no rail, disgusting how people get treated no way I be able to hold a job down so i be stuck now.
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    • Posted

      Hi

      could you apply again that not only has your condition got worse, it has given you severe mental health problems like anxiety and depression. You now find yourself suffering from chronic insomnia too.

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    • Posted

      Hi Lorraine

      You can’t make a fresh claim for ESA for the next 6 months based just on your current condition which awarded you 12 points an agonising 3 points short of the 15 needed to make the Work Related Activity Group. If you think about it a reapplication would be pointless as you would simply be awarded 12 points again.

      However, if that condition was to get worse or you developed another condition, as Vickylou suggested (depression/mental health) then yes you could make a fresh claim and any points awarded for the worsening of your old condition or any new condition would be added to the 12 you already have.

      The DWP/ATOS/CAPITIA/Tribunal all work to a procedure which can sometimes seem perplexing to the claimant and I completely understand your frustration at the questions asked but those are the parameters they use to award you points and that never changes.

      What you need to do is find the Work Capability Assessment descriptors online (Google search will easily find them) and match your condition to the descriptors and see where extra points could be scored next time, or through a new application.

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    • Posted

      Thanks for your replys just one more question I got the mri report from 2014 which was sent to atos medical also had another mri dec 2015 on this report it has different a annular disc bulge and disc protrusion impinging some degree.. but not on the other report so there has been changes to my condition but only tribunal recently received that copy.
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    • Posted

      Did the Tribunal reach their decision with this new evidence? If so then they have made a finding that you still score 12 points despite the apparent worsening of your condition as any deterioration has to be significant and not just superficial.  

      If they didn’t then it could well be evidence that your condition has got worse and also you could argue that the bulge has developed over a short period of time (under 2 years at most) and that would mean you fill more of the descriptors now than you did in 2014 and therefore have reached the 15 point threshold.

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    • Posted

      Do you mean the tribunal never saw the Dec 2015 mri report? If that's the case, then they based their decision without full documentation. Surely you can appeal against their decision and new mental health problems! Good luck
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    • Posted

      No I did send recent mri report to tribunal they didnt mention it though..nor did they even mention what I wrote down and sent them how every day effects me..even about washing and dressing. I do have new pain in right leg.. i have only mentioned it only to my doctor back in febuary..Well last try over cab tomorrow.see if any help.thanks for all yr replys smile
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