Dwp examination

Tribunal Victory

dwpexamination forum now available at    http://www.dwpexamination.org

Hello again readers, here it is as promised. A report on my alleged “examination”, my appeal and consequent Tribunal. I apologise for the delay but my health has not been good of late and I have had other priorities to deal with.

As I sat waiting to be seen, a man came out of a darkened room to my right and in front of me, I didn’t know at the time he was my examining Doctor. I could not see clearly into the darkened room, there didn’t appear to be any windows, if there were they were blacked out. I imagined this was the observation room from where your entrance to the building could be watched as could the waiting room. CCTV is a great tool for gathering evidence….He walked past me, went to his room, waited a few minutes, came to the door then called my name…..

The “Healthcare professional” followed me into his office obviously observing me from the word go. He introduced himself, asked me to take a seat and said he was going to ask me questions relating to the information I had provided on my ib50 form. Choosing to ignore the glaringly obvious reason for my claim, his ‘examination’ began with questions relating to several other minor ailments I had listed. I later realised that these were the easiest to dismiss thus proving I was a liar (In his eyes anyway).

Apart from establishing I had, had major surgery within the last 6 months, no further interest was shown in its consequences, and no actual physical examination around this surgery took place. He then asked where arthritic pain was, which joints it affected, but did not investigate sciatica. He eventually asked if arthritis was getting worse. I said it had, and was not improving at all.

Next he carried out the briefest examination of my ankle (this consisted of prodding my lower shin with his index finger) More attention was paid to the movement of joints in wrist, back, arms, neck and head. He then asked me to bend my knees outward and lower myself (rather like a ballet move) which I told him I could not do and as a “Doctor” the reasons should have been glaringly obvious. I was also asked to climb (up 2 narrow steps) onto a bed and raise my legs as far as I could, I asked Dr to help me rise, but had to get up myself. The alleged “Healthcare professional” ignored my request for help and made no effort to help me rise? He then took my blood pressure and felt my pulse, (he couldn’t have taken its rhythm as he did not hold long enough).

I showed him my appointment letters for my operations and visits to specialists; however he seemed totally disinterested and said he could not ask to see them even though the letter I received asked me to bring them with me?

He asked me what I would do if “they” offered me a job now. I said it would be physically impossible at present as I am still recovering from my operation and other issues, however, I made it plain to him I had no intentions of remaining on benefits and hoped to return to work as soon as possible, which may take time given my present condition. He asked if I preferred full or part time work, I said full time but the likelihood would be part time to begin with. I also said I had an advisor at Jobcentre plus who is working with me to find suitable work.

He asked me if I watched T.V., Not much I replied, How about Radio, Almost never, Newspapers, No, books , got one for xmas, haven’t read it. Do you go to the pub, club, Pictures, theatre or restaurant rarely was my reply. He asked if I did any gardening (I thought this was a stupid question for an allegedly educated man), no, do I have any hobbies, apart from the internet, no. He seemed surprised and sceptical at my replies and gave me the impression he did not believe me! He also asked who was with me. I found this an odd question but courteously replied “a friend”.

During the examination the alleged “Doctor” asked both closed questions and (as I later established) rather “fluid” questions in a manner which was clearly designed to confuse the claimant, and which sometimes demanded a contradictory response to previous questions. I found this very disconcerting and frustrating.

Do you drive?

What kind of car do you have?

Who do you do your shopping with?

Who does the cooking at home?

How did you get here?

How long did your journey take?

On completion of the so called examination the Doctor asked if I had anything to add, I said my piece, which was firmly ignored and he ended the examination by focusing on his computer screen and dismissing me like a naughty child. I persisted and asked if we could go through his responses and make sure there were no inconsistencies. He immediately looked uncomfortable, cleared his throat and mumbled he did not have time and a copy of his report would be sent to the decision maker. I left, knowing he had done everything he could to stop my claim.

I requested a copy of the report and appealed within the month.

The appeal

When I received the report I could not believe my eyes, it was laced with assumptions, lies and other glaring inconsistencies which bordered on the ridiculous. I went through the report with a fine toothed comb over the following week or so. I knew I would make a mess of appealing if I tried to do it in one go so I deliberately took my time.

Day one:  First I copied it then I looked at all of the entries the alleged “Doctor” had made. I marked those I considered to be untrue first, then those that were assumptions, then those that were down right lies. I stopped there too angry to go on

Day two: I wrote the opening statement of my appeal and commented on the untruths first by asking how the “Doctor” had arrived at his prognosis, without testing my physical ability. A good example was his lie I could climb stairs without problems.

Day three: Next I dealt with the assumptions, entries he had made on a whim. A good example was the answer saying I used a mobile phone to make arrangements and text friends.

Day four: Next I dealt with the lies. A good example was that I could walk 400 yards without problems, despite the fact I was using a stick and I made it clear it was substantially less during the “examination”.

Day five: I spent about an hour double and treble checking my work. I had listed around 20 entries I was challenging. Satisfied I had done the best I could I gave a friend of mine a look and he pointed out two other items, which I added to the appeal.

Several months later, I received my tribunal date. Having taken advice from UKBIX I contacted the Local Authority who arranged a meeting with a representative. The first time we met we discussed my case in detail and assessed its merits and from that gauged our chances of success. It was 60/40 in my favour. This was mainly due to inconsistencies in his report to the Decision maker, his gross misdiagnosis of my condition and fitness level, his obvious assumptions and glaring lies.

A second meeting was arranged for the day before the tribunal, by this time I had my anger at the alleged “Doctor” under control and had accepted the idea that the Tribunal members were genuinely independent of the DWP and ATOS and were there to listen to the evidence I gave and make a decision based upon the facts before them. Make no mistake, these people are not easily fooled and will recognise those who are trying to defraud the system. Equally, if you are a credible witness, answer their questions clearly and precisely and are honest the chances are they will find in your favour.

It is important to remember that the Tribunal, in my case consisting of 2 members (3 is not unusual), one a Doctor the other a Judge and that they are not the enemy. With that in mind you can rest assured that your case will be heard fairly and amicably. The judge will defer to the Doctor and may occasionally ask you a question.

After introductions the hearing will began. The Tribunal established a time period upon which I had to focus when answering my questions. I was asked about how I felt then and that was compared to how I felt now. I assumed that this was to establish weather my condition was the same, worse or better. In my case I was a lot better than at the time of the examination and said so. The questions were asked very clearly and precisely. The Doctor and Judge listened carefully to my answers and after around five, maybe six questions the Judge asked for a break to make their decision. I left the room with my representative, we were called back in after about five minutes and informed that the Tribunal had overturned the “Doctors” decision and had awarded me well over 40 points. This was a massive victory and represented a ten fold increase in the number of points the “Healthcare Professional” had given me on the day of my examination.

Remember, the Tribunal is independent of the body against which you are appealing or have a grievance with. They are very astute people who will recognise you have been wrongly diagnosed and restore your benefits if they see fit. Equally if you are swinging the lead, the will notice this too and will react accordingly. Be patient, take any evidence you can with you and above all, get help. Do not go alone, do not go in with all guns blazing, simply be yourself. It is important to come across as a credible witness and to tell the truth.

My benefits were restored within 2 weeks and I have had no problems since, although I expect they will have me in again. Only this time I’ll be even more prepared……

The above was written by my co-editor Michael Moore, and they did have him in, for his DLA tribunal, he phoned me that afternoon, he was shocked and was almost incoherent, the tribunal refused his appeal for DLA.

A couple of months later, Michael… the author of the above words died from the stress induced heart attack these people had caused.

They killed him just as if they had took a steak knife and stuck it into his heart themselves.

Rest in peace Mick.



  1. Glad to hear you won your appeal! I am seeking advice from Welfare Rights, and hope mine goes as well as yours. I have much the same complaints against ATOS procedures & criteria as you’ve posted on here.

    Comment by Mike — October 26, 2009 @ 5:02 pm

  2. hi there nice to hear you won your appeal,i have mine in a few days time and i am doing it myself though cab have prepared my submissions and stuff which i am gratefull for.the amount of half truths and misreporting of my statements by the hcp and subsequently by the md and the reworked md’s report is astounding ,i am taking extensive notes etc to have my say and hopefully put it right with the truth of my statements,i have the full backing of my doctor,and i have been preparing my self for the appeal with the help of my brother who helps look after me . would you have any advice for me as regards the chance to make a statement telling the tribunal about the md and hcp misreporting of my statements?

    Comment by larry — October 26, 2009 @ 8:01 pm

  3. All I can say is be confident, remember the Tribunal are completely independant of the DWP and if you come across as a credible witness with a genuine appeal it can only help your situation. I was asked to focus on the time around my medical, and how I was then when answering my questions. I chose not to comment upon the alleged Doctors performance as I am not medically qualified to do so, however, I did say he grossly underestimated the effects of my disability at that time. Dont be angry, dont slag anyone off simply present the facts. Good luck and let us know how you get on.

    Comment by dwpexamination — October 27, 2009 @ 4:44 pm

  4. hi there again ,well i had my tribunal today and sadly for me it ended in dissapointment. although after what seem like interrogation style questions ,and plenty of them by the doctor on the tribunal,i was adjudged to have come up short again to exactly the same amount of points which was 13 (i know unlucky for some in this case me !).the questions he asked me were mainly centred on me and the difficulty the doctor had personally in believing i could have a lower lumbar and leg problem for 4 years and it wasn’t improving and my gp had not taken a great deal of action until just recently to get me consultant expert help ,the doctor on the tribunal seemed to hold that against me personally and he said as much he said he had a problem with it also when i told him i couldnt get out a great deal at all he didint seem to believe anyone would live like that without constantly getting on at their gp ! i told him i thought the medical matters and the problem solving of my condition was the concern of my gp and i followed his advice on treatment,i said i couldn’t keep storming into my gp’s surgery every week stating the obvious ,i was half expecting him to say i was guilty of not changing my doctor. any how i think i mentioned that the hcp in the original medical had badly reported my condition in regards qualifying answers statements made by my self and she did not report correctly on my difficulty performing some of the tests , the chairman duly noted this. the reworked medical by a second md had pushed my points score down to 3 from an original 13 by the hcp,this was reinstated to 13 by this tribunal and they did not seem to explain adequately why they were giving me those points back ? they did in fact award me 16 points in total but they said two sets of points or descriptors overlapped and they could only take into account one of those descriptors hence the 13 point total and the disallowance of said benefit.so it would seem the md was wrong to demand the hcp look at her findings again and hammer my score into the ground but they(the tribunal)were not prepared to go the full way and award me more then she originally did! i dont think the line of questioning by the dr on the tribunal was fair or impartial i think he had allready made up his mind before hearing my account of things ,but its a case of i’ve been living on 51 poUnd a week for the last 7 months now ,and allthough i have an upcoming neurologists consultancy soon (for which i guess they could have adjourned)i cant go on with that income and its ironic now the cooler weather is in i can

    Comment by larry — October 29, 2009 @ 5:05 pm

  5. continued,
    stand straight or feel my fingers , in an ironic final twist even though i was it would seem in the room for a good while having a load of questions fired at me by the doctor,it transpired that the wait to get the decision took mere minutes. i was out of the room waiting for about five mins total and they had me back in he informed me that i was getting more points but sadly for me not enough ,i could appeal blah blah blah ! they got the decision typed so quick they totted score up in my favor, found for me,ie allowed appeal and when i was in the room looking at it i was puzzled ,the clerk came out of the room and had a hastily amended one for me in ink ,explaining it was a mistake but it all left a rather sour taste in my mouth to say the least,the speed it was done was all rather suss! any how as i’m going to type i’m deciding if i should contact my cab and see if there is anything i can do seeing as i am the same, my back and leg are the same, and they cant just change to keep some penny pinching benefits agency happy . all your help or advice of fellow forum readers is appreciated !

    Comment by larry — October 29, 2009 @ 5:14 pm

  6. Re Larry’s experience,
    I am sorry to say that I had almost exactly the same experience at my Tribunal yesterday. I got the impression as soon as I walked into the room and saw the expression on the doctor’s face, that there was no chance of a positive outcome. The doctor proceeded to hector me, asking the same questions over and over in an attempt to trip me up, until I simply said ‘I’ve already answered that’ over and over. I was also severely criticised for being very dissatisfied with my ‘medical’ assessment and sending in a complaint about it. I actually worked in the specialty I am now a victim of, for 6 yrs, and know how I should have been examined!
    He concentrated solely on my upper body function – I have severe lower back problems after two operations left me a scarred spinal cord and facet joint syndrome – and just laboured the issue until the legal representative called a halt to it.
    He then moved on to my deafness, but because I can apparently hear well, despite being deaf in my left ear – I have learned to lip read and told him so – totally ignored of course – he dismissed this. He glossed over my arthritis as quickly as possible and then we finally moved to my back.
    My husband repeatedly tried to back up my statements and was virtually told to shut up, although he didn’t, thank god.
    Even after informing them that two Senior Consultants had supported an application by my Occupational Health Department for me to be medical retired – which has been approved, and even though the wording used in both their reports was that I had ‘Limited Capacity for Work’- the thing I thought I was being assessed for, this evidence was totally dismissed as not being within their designated descriptors.

    They informed me that in their opinion I have some fitness for work, even though I cannot ever be sure on a day to day basis that I will even manage to get downstairs due to my back pain, and that I can now apply for Jobseeker’s Allowance. I was completely shocked by this suggestion, and asked them to tell me what employer, who knows anything about risk assessment, would be prepared to employ me, in view of the instability of my condition and the fact that I cannot sit for more than 1/2 in an office chair without experiencing loss of function and increasingly severe pain? The answer? A shrug.

    I am so frustrated at a system that can treat people with genuinely life shattering conditions so callously. It’s not as if I haven’t paid tax and NI all my working life, I have, and cared for others whilst doing it. I abhor benefit cheats, and never thought I would be for one second, regarded as a possible cheat myself. Quite an eye opener, isn’t it?

    Comment by Lynne — March 16, 2010 @ 10:32 pm

  7. Yes, unfortunately you seem to have been the victim of a “bad” hearing. These happen from time to time and the only reason I can think of is that the “Doctor” may have once been employed by ATOS and is still applying thier standards. Check with the BMA and make sure he is registered in the first place, secondly try to find out what the next step is as it appears at first glance that your case may not have been given fair consideration. We can only change this situation by challenging it, we should do so at every opportunity and take it to the highest possible point we can in the justice system. One thing to bear in mind, it is stressful and unless you have the stamina for a long drawn out battle, forget it and walk away or you may do yourself more harm than good. Personally I have come to the conclusion that this is all a game, I treat it as such and now actulally enjoy the process of challenging thier decisions. I know people might find this a bit odd, but if they say no when I feel I am legally entitled to benefits, if I can contribute the process of bringing this organisation down and I can make them work for thier illegal victory (if they win that is) I am a happy chap. Good luck and thanks for a very frank and accurate discription of your experience, I hope you report these people to the local fire authority, the HSE and take action under the Disabiltiy Discrimination Act.

    Comment by dwpexamination — March 17, 2010 @ 8:15 am

  8. HI ALL…Was reading the above,and a very similar thing happened to me,I lost my IB appeal last year,the doctor on the panel was totally biased,and felt she had made up her mind,before I even went in,I noted her name and looked up the net,and guess what,she works in a private hospital,and runs a private clinic,I had absolutley no chance…so the conclusion is,if the doctor on the tribunal panel, is involved in private health,there is a clear conflict of interest,and should not be allowed to continue,for the sake of fairness all round…….DAVID.

    Comment by David — March 21, 2010 @ 2:42 pm

  9. Excellent news, you won your appeal!

    Claiming for what’s rightfully yours ought not to be as stressful as the Dicks for Work and Pensions put you through.

    I’ve felt like giving in many times, but then I snap out of my depression, become so fired up with rage… and that’s when I demand my rights. Politely, of course.

    I have 5 prolapsed discs in my lower spine, worn facet joints, 2 prolapsed discs in my neck, sciatica in my right leg, nerve damage and cramps. Crohn’s disease. Severe anaemia… I faint a lot. A blood disorder > Beta Thalassaemia… breathless, anaemic, tired – very tired. Chronic Fatigue Syndrome. Depression. Insomnia. Deaf in one ear. Partial loss of sight in both eyes, cataracts (both eyes) and not operable because of my anaemia and steriod medication I need for Crohn’s.
    There’s others, but too silly to mention.

    Now, what do you think the medical examiner asked me? LOL!
    Can I walk unaided and for how long/far?
    What are my hobbies?
    Why I’m depressed? ETC.

    I crashed a car, badly… in the 80′s and though most of the damage was internal, I never had a proper examination – Italy, see? 20 years along the line… had an MRI scan and the results shocked me! I’d been suffering in silence and working as a self employed fashion designer. Raised two kids alone. Did my best. Then I got sick. Really sick. Vomiting, collapsing, losing weight… my GP referred me for tests (colonoscopy ! and gastroscopy… and I had stomach tumours! Got the all clear after self treating naturally > Hemp Oil, but went on to develop Crohn’s… just like that! Although the enterologist beleives I’d had Crohn’s from childhood – skinny, see?

    Moral of the story: Only YOU know your body/illness/how it affects you. Not some ATOSser medical examiner. So insist, resist, persist and you’ll have the right outcome.

    *I swear I’ll go insane(er) if I lose my appeal! LOL!

    Comment by Franka — June 16, 2010 @ 11:15 am

  10. As my hero used to say “Hasta la victoria siempre!”

    Comment by Franka — June 16, 2010 @ 11:35 am

  11. How many points did you score?

    Comment by dwpexamination — June 17, 2010 @ 5:44 pm

  12. Points…? F**K knows. I’ve requested a copy of my full medical report – IB85, and score sheet IB58.
    Still waiting for post…

    Comment by Franka — June 17, 2010 @ 6:53 pm

  13. Update on my case. I have had to claim JSA and I am STILL waiting for my Statement of Reasons from Judge Goodman for my hearing on 21 May 2010. I’ve rang, emailed, written, but to no avail. I’ve just today contacted the Senior President for him to help chase it up. If I was a cynical person I would say that the Judge is taking so long in the hope that I will just go away and she doesn’t have to try and justify a travesty of justice. I have £1500 and a benefit am entitled to owing to me, I have no intention of letting this go.

    Update to follow…

    Comment by pete — July 6, 2010 @ 6:08 pm

  14. Keep on advancing on them “P”, you must not back down now. Why not register on the new forum? its at http://www.dwpexamination.org there’s quite a community growing there.

    Comment by dwpexamination — July 7, 2010 @ 6:08 am

  15. I can hardly believe it. I scored 9 out of 15 points at my medical (was amazed I even scored that cos I suffer from depression) and appealed, this was in April last year. I have been waiting for nearly a year for my tribunal date to come through and today, I received a letter from the DWP telling me they have looked again at the evidence and have changed their decision, so there is no need for the tribunal… I won! I am now over £600 better off because I have received my money in arrears. Just had to tell you all about this positive outcome and to repeat again, and again, and again.. appeal, appeal, appeal!!! You owe it to yourself not to let ATOS and the DWP get away with this horrendous, disgusting treatment of the ill and disabled. Good luck everybody.

    Comment by Jackie — March 9, 2011 @ 5:36 pm

  16. hi there ,i,m not feeling too well these days so i’ve got my bro to type this at my dictation,i find it quite awkward sitting at the comp for any length of time these days if at all. i just want, in putting this account down, to inform fellow forum readers and casual readers of subsequent events since my failed medical and subsequent appeal. i immediately applied for E.S.A, stating basically the same condition complaint.i was given the usual shambolic assessment at atos,but still awarded 6 points i appealled and in september last year i was awarded the fifteen points and a win.
    the difirrence this time around was they couldn’t hold not having a consultants report against me and another condition far worse then a crumbling spine reared its head in the form of asbestos ,although the tribunal only found for me on an additional 9 points for the great difficulty i have walking as well as sitting etc.

    Comment by larry — March 10, 2011 @ 10:02 am

  17. any how that as i said was back in september last year,so after having waited almost 9 months for a fair shake from the benefits system atos have decided by january to send me another questionairre,to which answers applied in the usual manner ,and also adding that i thought it was a bit unfair so soon after winning a tribunal and the the fact that i have a potentially life threatining illness alongside a degenerative disease of the spine along its whole length,maybe i should of wrote such a letter directly to the D.W.P because in any event atos took no notice and as of writing today i’m due for another no doubt shambolic medical assesment on tuesday the 15 of march. there no doubt they will attempt to take away the additional points awarded to me by a legally convened judical sitting so shortly after having been awarded them. basically my conditions, although only one, my spine was taking into account last time around,are degenerative and chronic.

    Comment by larry — March 10, 2011 @ 10:16 am

  18. i have not been afforded any intervention in the form of surgery on my spine or drugs or anything ,and in the case of the asbestos related complaint any change in that respect usually ends in the pine box treatment which no doubt atos would love to supply tommorow will full goverment backing no doubt. but grumblings aside,i would like to know the roads other claimants have gone down whilst in a similar position because i can just see after next tuesday ,myself having to repeat the whole scenario of last year when trying to get E.S.A for the first time . i want to avoid this because i am physically and mentally very stressed with the whole issue and the thought of having to repeat the whole process again is really starting to sicken me. i may write legally to the D.W.P ITSELF setting out my case in an attempt to avoid another appeal as i think my situation may warrant it ,any comments from my fellow forum friends appreciated immensly

    Comment by larry — March 10, 2011 @ 10:24 am

  19. Hi Larry, First to here from more people in a similar situation to your self feel free to join our sister forum at http://www.dwpexamination.org Its free and there is a better opportunity for you to share your current situation with others who may be able help you further. There is also a page on first contact with ATOS whish you should read. Some information I know has worked in the past is, Never attend a medical alone. Take someone with you who can take notes, to help with this I have produced an assment form for ATOS. Its available on the assessing atos page of this blog. You will also find a contacts form which you should print off and keep next to your phone, it is essential that you or your representative keep accurate notes on any conversations over the phone from now, you may rely on this later. Make sure you are dropped off outside the building if possible as admitting to using a bus goes against you. If you live far away from your examination centre try to stay with friends or family who live nearby the night before to shorten the journey in. You will be asked abotu your journey when you are in there. If the HCP asks you to do things which cause you pain it is your right to refuse. If the HCPin in any way aggressive, bullying you, sarcastic etc make a complaint against them to ATOS directly they must investigate your complaint. You really need to look at this Blog and our forum to gather as much information you can before your medical, please feel free to ask the forum members for help, I guarantee you will find nothing but support there. Good luck and keep us informed. If you can a description of the medical centre you go to, nearby parking, access etc will be appreciated. It serves to help others going there after you.

    Comment by dwpexamination — March 10, 2011 @ 1:24 pm

  20. hi there thanks for the previous post affording me some valuable advise on my upcoming medical assessment at atos. i have been to an esa medical before and it seems that no matter what you say or how you act they have their agenda all set out before hand,and basically the claimant may as well for all intents and purposes not be there at all. for me in my mind these things are all won at the appeal stage ,they basically fail you at the assessment regardless of your testimony and medical back ups in the forms of gps reports and consultant reports etc.my previous post was one to ascertain if any one on these forums had avoided going to a tribunal appeal by putting their evidence to the dwp after failing the so called medical assessement,and thus avoided the appeal stage? once again your help on this mater gratefully accepted.

    Comment by larry — March 10, 2011 @ 8:58 pm

  21. Hi Larry, generally information I have says that ATOS issue the form on the advice of the DWP. When you complete the fom a DWP expert looks at it and forwards your case to ATOS if they deem you as requiring further investigation. You are advised not to enclose any additional information , which should in stead be sent to your local JC+ . To me this preempts a denial of benefits by ATOS anyway. After the alleged medical which is not a medical you can offer any supporting evidence to the HCP who will not ask for it and will only pay it scant attention as he has already failed you. You then recieve a letter on the day your benefit is due telling you your Benefits have been stopped, another deliberat ploy by JC+ who know you have nothing to live on and must claim another Benefit. You are also informaed to appeal, this is when additional evidence should be sent as the DM is required by law to take that into account, do not send copes, copies will be ignored as anecdotal. This is rarely successful and its off to the tribunal. Just lately somepeople are reporting that thier cases have been “REVIEWED” before the tribunal and they no longer need to attend as thier Benefits have been reinstated, its becoming more common as the Government have allowed ATOS and the DWP into Tribunal records by the back door to artificially reduce the appeal success figures at tribunal. This helps them with thier statistics as a) your case is resolved before a tribunal is reached and b) theis results in the number of successful appeals falling. See where I am leading, its therefor eimportant to get this infrmation into the public arena as quickly aspossible so if it happens to you please tell us. If it does hapen then it may be worth speaking to a slicitor to see if any legal action can be taken against ATOS for writing a fraudulent report which caused you loss.

    Comment by dwpexamination — March 11, 2011 @ 8:32 am

  22. hi there thanks again for the reply to my post ,as i said previous i fully expect atos with thier apparent immunity from proscution for deliberate wrongdoings to not only award me probably zero points as seems to be the fashion ,but in the process take away the six points they actually gave me this time last year and the further 9 points awarded to me by a tribunal the following sept/oct time. and this will be on the back of nothing having changed in my condition physically just the added knowledge of a far more and actual life threatening illness which has now been diagnosed in asbestos,i find it incredulous that a governing body like the tribunal service can have points they awarded me just expunged by a totally unqualified atos hcp . that would be the same as a labourer telling an archtect his job or a porter trying to explain brain surgery to a top head surgeon ,it beggars belief that this kind of thing is currently going on in this country.

    Comment by larry — March 11, 2011 @ 12:57 pm

  23. hello again to the forum,i would have been on here before now but i had to wait until my brother who helps look after me was available to type my dictation .i have had my medical assessment last tuesday the 15th march. it was a real bad day for me as i have had any amount of trouble with my chest and my lower back was practically immobile . i for once, or so the atos person informed me,was seen by an actual doctor.i have to say this time i received what seemed to be a far more thourough examanation then the previous esa and i.b medicals. he seemed to ask me an array of questions and some of those were pretty point blank and did not seem to be deliberately tricky for devious purposes.i answered truthfully in all respects as i allways do and he seemed to accept most answers without criticism.the whole process took around 50 mins or so and he seemed to be indicating that i needed help but not in so many words and he seemed to be under the impression that it was a first time application though i did tell him i had been to these medicals before . well any how time no doubt will tell and i could just be thinking wishfully given whats happening!

    Comment by larry — March 21, 2011 @ 11:27 am

  24. I won my ESA tribunal in November 2010, I got sent the paperwork, along with a letter, asking me to confirm my bank details for the arrears to be paid, I confirmed my details by both letter and telephone, they told me the arrears would be paid within 3 working days of the delivery team getting my details…That was on the 31st January, a little bit more than 3 working days me thinks…Does anybody know how long it takes to get your arrears through after you win a tribunal and have confirmed your bank details? I called them and they promised a call back I never got also,
    I suffer from anxiety, I’ve now had to live, ill for more than a year, funded by small donations from family, from their state pensions, after i was sent a letter saying i won my tribunal and another saying my arrears had be issued! I still have no payment, 4 months after my tribunal, that’s like 18months of hell with no benefits, since autumn 2009,
    please help me i am going a bit bonkers with all this unexplained waiting, I suffer from anxiety and panic attacks, waiting for month ‘after’ my arrears appear to have been issued and still not in my bank,
    please advice on payment schedules for arrears, after tribunal and confirmation of bank details!
    thanks, R D x

    Comment by R D — March 26, 2011 @ 4:38 am

  25. Hello RD.

    It was seven weeks before i was paid arrears after I won my tribunal last year, they are very slow in coming back with the goodies when you win.

    On the other hand if you had lost your appeal, rest assured you would have known all about it in a letter from the DWP as well as confirmation you are no longer entitled to ESA etc, and all within a week.

    What to do is write them a letter, asking why you haven’t been paid your arrears, also why has it taken nearly five months and you still haven’t heard anything.

    I suspect they will come up with some excuse like your bank details were not quite right or some other baloney. (they told me once that my money would not go in to my account etc).

    The main thing is, you are getting them to take notice you are still waiting for your legal right to full benefit plus arrears to be restored as soon as possible.
    Phone calls to the rabbit at the other end of the call centre are not very productive i’m afraid !!

    Comment by dwpexamination — March 26, 2011 @ 9:02 am

  26. hi there forum,on the issue of waiting for arrears there R.D i was paid all my arrears after winning my appeal in sept last year within a week,the whole process from first being denied esa via the assessement all the way to appeal victory took around nine months or so.i am currewntly awaiting my decision on my latest medical assesment that i had to attend just five months after wining my appeal,i will endevour to keep the forum posted on that.

    Comment by larry — March 26, 2011 @ 7:48 pm

  27. hi there forum, as i promised and after being able to get my bro to help me again i’m back on forum to let folk know how i got on with medical. well as expected but not on merit ,only on how things are i have once again been denied my E.S.A. i have been put right back to where i was before my appeal at the back end of september last year. the atos or D.M i dont know which yet, has taken away the points that the appeal tribunal awarded me all nine of them. although nothing has changed with my life or medical condition apart from now being aware of a far more serious condition in asbestos they have found fit to deduct me pints again based on absoulutely nothing,just the most basic of so called medicals.i have recieved no treatment for my degenerative disc disease of the spine which is along its whole length especially the lower lumbar,i receive no pinkillers apart from paracetomol which due to a liver complaint i have to be carefull with,and because of my chest condition with the asbestos worry i wont take steroids in my back either. so hear i am back to square one after getting a desicion in my favour just five or so months ago? can anyone enlighten me on steps i can take next rather than just putting straight in for an appeal can i phone or write to the dwp asking what is going on and how is this fair or correct and maybe asking them to look at it again? i will not allow them to put not only my health but my actual life in jepordy!

    Comment by larry — April 8, 2011 @ 5:09 pm

  28. Larry the short answer is no.
    The DWP are not interested in our problems, you must appeal, you have won before and you will win again.
    Their whole remit is to sicken you, and hope you will go away, don’t go away, fight back and win again.

    Larry for more advice go to the new forum (click below) and you will get plenty of help to beat these people.


    Comment by dwpexamination — April 8, 2011 @ 7:27 pm

  29. hi there forum, thanks again for your valued opinions on these esa matters,i realise where you are coming from ,when you say the dwp aint interested at all in anything other than their remit ,ie to dismiss as many claims as possible valid or not. but having said that i’ll be damned when i have a legitimate claim that can be backed up by fact ie medical findings and testimony from medical proffesionals,if i am going to just accept having to spend another nine months of my precious life on awaiting for an appeal that i dont think i should have to entertain. so i am going to ask for an explanation,which i will no doubt challenge,force them if i can, to look at my medical evidence ,testimony ,facts etc,and see if they cant adjust what i believe once more to be a wrong decision. i will go all the way down the line with this before i accept the inevitable appeal route,though i realise come what may i need to lodge my intention to appeal within a month so i need to speak and maybe write to them with haste.i wont have whats left of my life ruined by these people who dont seem to give a damn about people’s conditions at all.

    Comment by larry — April 10, 2011 @ 11:06 pm

  30. Hi Larry.

    I’m sorry I didn’t have any good news to tell you, what they are doing is not just morally wrong it’s criminal.
    As I see it, the only thing you can do is send photo-copies of all your medical records to the DWP decision maker, also fill in the GL 24 form and on a blank piece of paper an explanation of why you believe their decision to find you fit for work is erroneous.
    I have to let you know the way they operate, first of all the ATOS Doctor doe’s not send the DWP your medical records, this is of course deliberate. And what most people find is that on the letter you recieve from the DWP finding you fit for work because you didn’t recieve enough points etc. There will be a number of boxes ticked off, and the chances are the medical evidence box will not be ticked. And even if it is ticked of because you sent it to the DWP instead of ATOS it’s still not valid according to them because they will claim they don’t have the necessary medical experience, therefore you should have sent it to ATOS. A kind of pass the parcel.
    A cynical ploy to try and fool you into believing your medical evidence was considered and found inadequate, the truth is they don’t consider anything, the decision maker didn’t even see it. And as I said that’s because ATOS do not send any medical evidence you show them on to the DWP.

    Let’s get something straight Larry, these people are criminals, they will try any dirty trick they can to deprive you of your legal rights.
    So what can you do, given that they have planned all this, well send the DWP your GL 24 and all your medical evidence and appeal. that’s all there is.
    If you ask them to reconsider their decision, they will not do it (The reconsideration process is another con, because they dont consider anything) you will find your paperwork goe’s straight to the appeal panel anyway.

    So Larry I don’t want to bullshit you, I want you to see what’s coming, and take the correct course which is don’t fool around, just get that appeal in, and of course dont forget to ask for the assessment rate while you are appealing, this is important, because if you don’t ask they will give you nothing, they will assume (HOPE) you are going to apply for Job Seekers Allowance.

    As I said they are operating a twisted logic, as in let’s mess them around as much as possible and sicken them so much, they will just go away and sign on to get away from all that stress, and that’s another one off the disability figures. One less to worry about. Or an opportunity to sit in their offices gloating, look there’s another one who was swinging the lead, Mr Iain Duncan Smith is a clever man, he knows how to sort them out all right. Yes he was right all along.
    Well let’s prove Mr Iain Duncan Smith wrong, and appeal and win. Or make it so difficult for them that one day they get it in to their thick skulls that browbeating, issuing threats of benefit withdrawal or trying to make you bend to their will is just not going to work. Therefore they will have to choose a different course or change their modus operanda.

    Comment by dwpexamination — April 11, 2011 @ 2:30 pm

  31. hi there forum ,i’ll start by giving thanks to my brother for his typing services enabling me to get on here and have a bit of a ramble about yesterdays contact via phone with the dwp .i contacted them first thing yesterday,having set out my pertinent questions the evening before.
    only a minute or two into the conversation the dwp operative started getting a little shirty ,practically getting upset because the questions i was asking,ie- why have i been dissallowed a benefit based on the withdrawal of the points awarded just five months previuosly by a legally constituted tribunal,when she was not prepared to answer that question she started making references to the manner and tone of my voice and said she would have no option other than to terminate the call,just i was trying to say :dont start with that nonesense i’m entitled to answers by law; she hung up.basically she started getting worried when i was pressing the issue of who actually dissallowed my claim ie was it the atos dr or the decision maker ,was there an overule? . any how i immediately called again ,made a complaint about conduct of first operative and reached an aggreement with the second operative to have my esa 85 report and a written explanation from the dm forwarded to me,though from what i’ve been hearing and reading on these forums i wont hold my breath for those any time soon. any how as previously advised by good folk on here i wont leave putting my gl24 form with my dr’s opinion and my medical consultants evidence in any later then next week .i will write do the benefits centre reiterating what was discussed on monday just to have something on the record.

    Comment by larry — April 12, 2011 @ 9:25 am

  32. Cheers Larry, and thanks to your brother.

    The person you spoke to on the phone doesn’t know anything about you, and is just answering the phone, don’t waste any more of your valuable time and energy trying to get it through their skulls.

    I see you have applied for a GL 24 and your ESA 85, when you recieve it, could be anytime, just depends when the decision maker gets their finger out their ass and decides to stop talking about East-enders or Coronation Street, sometimes it’s quick some times it’s slow, I recieved mine under 24 hours for instance.

    Then sit down and relax, because you are going to see the biggest load of claptrap imaginable, the Welfare rights and CAB etc, they all know this and have become desensitised over the last couple of years.

    It’s a human condition we are all susceptable too, after all after you have seen your first tiger victim, I’m sure it is going to come as a shock, but after you have seen 20, 30, 40, 400 well it’s just another poor sod.

    God knows when it will all end Larry !!

    Comment by dwpexamination — April 12, 2011 @ 10:59 am

  33. once again thanks for the reply forum. as you predicted they sent my esa 85 the very next day ,and basically if it wasn’t for having my name on it ,i wouldnt have a clue exactly who it refers to.it is basically full of half truths misinterperated answers, and questions i basically cant remember ever being asked. and as for the serious matters regarding this report it is full of downright lies,and they all seem to be centered around the crucial points of medical matters for me its outrageous .i am going to forward my gl24 immediately along with a powerfull letter debunking this quite frankly ludicrous so called medical report along with my dr’s opinion of my state of health and my consultants,and i’m going to try and get myself so long needed proffesional help in the form of a counsellor because apparently according to this dr for atos having asbestos disease is a mere trifle and nothing to worry about and that is just the mental side of things,apparently a crumbling spine and potentially cancerous skin condition are also things that should just be ignored and forgotten about ,sooner or later somebody in power must step forward and do something about this scandal.

    Comment by larry — April 12, 2011 @ 8:50 pm

  34. Well it’s up to us Larry, we are the pioneers, there is nobody before us, if we say or do nothing, then people in the future will look back to the past and say that you knew what they were doing, you knew they were corrupt but you stood with folded arms and did nothing.

    Everything that was hard fought for after the two world wars, like the national health service, the benefit system and other stuff like the right to not be treated like a slave will be lost if we do nothing.

    That’s one reason why I urge everyone to join our sister site and try and help, no matter how small. http://www.dwpexamination.org

    Comment by dwpexamination — April 13, 2011 @ 1:13 pm

  35. hi there again forum, just a few words to update ,i have as of saturday 23 april received notice that i will be going to appeal ,and they are putting the assessment rate of

    e.s.a into my account shortly. it would seem by the letter that they have looked at it again but they have not qualified this by any opinions in this letter or any phone calls etc.
    so it would seem they have not been interested in my medical reports ie consultants findings used at last appeal successfully,nor the unequivocal opinion of my gp as regards my ill health,they are prepared to go with the findings of the atos dr which to be quite frank is more shot full of holes credibility wise, then any of the previous reports which have been discounted on close scrutiny.
    truly if it was not for my brother, sacrificing his time and life partially, to keep me bouyed up through my general life and these unessesary appeal procedures i dont know what i’d do . i am now receiving medication for depression due to this ongoing 3 year hassle ,whilst trying to battle against illness,aspects of which are life threatning,although not represented the last time out i have cab looking at my case this time around as they seemed perplexed given my illnesses ,and having won an appeal tribunal just last oct .and nothing having changed condition wise apart from my resolve to keep fighting them, they are puting their head person on my case so fingers crossed. any comments from the good people on this forum is much appreciated.
    once again lots of thanks to my brother in his assistance online typing and grammar etc.

    Comment by larry — April 23, 2011 @ 10:00 am

  36. As you can see Larry it’s not personal we are just National insurance numbers to them, I’ve had the same problems and so have thousands of others, just don’t get depressed about it, and just keep going.
    You are going to win the appeal no problem, just have to survive on the assessment rate for cash at least for the moment, all money will be returned in the future and the rigmarole will start again.
    At least your not under any illusions about them…!!

    Comment by dwpexamination — April 23, 2011 @ 3:04 pm

  37. hi there thanks again for your considered reply,its nice to see folks caring for each others welfare ,lets hope a public swelling of outrage at whats going on regarding benefits is soon to follow. anyhow i’m hoping when i forward my appeal papers and submissions drawn up by cab and with testimony from my dr ,councillor ,and consultants etc will be enough to maybe prevent having to go through the rigours of an appeal once more,though i wont be holding my breath,unless thats what the dwp actually want,it really doe’s get you thinking along those lines that they would actually ,rather you were dead!

    Comment by larry — April 23, 2011 @ 7:34 pm

  38. Yes let’s hope Larry, and let’s hope we can hold on long enough (with the constant hassle and appeals) untill we can get rid of this dreadful Government. the by-elections on May the fifth could be the start, so once again let’s hope so !!

    Comment by dwpexamination — April 24, 2011 @ 7:56 am

  39. ive won 1st appeal in 209 had my esa restored.only within 4wks called back for next mwd,where i lost esa again spent 12 months in 2nd appeal where i won for a 2nd time.ive now been asked to fill in esa50 and will be no doubt asked for a 3rd med,there seems they pay no mind to appeals.what can i do?

    Comment by alan brown — May 18, 2011 @ 9:34 pm

  40. Hi Alan.

    As soon as you win an appeal, it’s not long before you have to fill in another ESA 50, as you have found out by your own experience.

    This is their plan, which is to constantly get on your back, make your life as difficult as possible and pay you as little money as possible.
    They don’t like people winning appeals, ( because you have proven them wrong) they have no respect and care not how you feel. Their excuse is, well you may have got better in the last few months while waiting for your appeal to be heard. They have even told this to people with brain tumours and lung cancer, and yes even the terminally ill have to constantly fill in their Idiotic forms.
    You ask what can I do about this ?, well you can fill in their ESA 50 form appeal and beat them again, and again, and don’t let them beat you, just keep beating them at their own game.
    You can get more help by clicking on to the forum http://www.dwpexamination.org and listen up to people who are in the same boat as you and I.

    Don’t forget, the DWP know that sooner or later if you go through enough appeals, you are bound to meet up with an appeal panel on an Ideological mission, a panel of David Cameron lovers who will deny you, no matter what evidence you produce, and no matter how ill you are, yes some of the appeal panels are in cahoots with the DWP, and they know it’s only a matter of time before you fall foul of them someday.

    At the above forum we are trying to take steps to end this madness, before more people end their lives in suicide, yes people are killing themselves because of this, because they don’t know there is thousands suffering as they do and it is little known because they just don’t report it in the mainstream media and newspapers.
    This is not just happening to you and I, this is happening to thousands of people all over Britain Alan.

    Comment by dwpexamination — May 19, 2011 @ 6:14 am

  41. i have just crashed at my tribunal at durham as expected im an ex soldier with no union support can anyone give me a push in which direction to go for help cheers

    Comment by gploo — May 19, 2011 @ 5:28 pm

  42. Hello gploo.

    I see you have logged in to the forum, go to the general discussion and tell us a little more.

    For instance are you applying for ESA and what help you do have at the moment, CAB ?, Welfare rights ? or were you on your own at the tribunal ?.
    If the first tier tribunal have not found in your favour, then all is not lost, you can apply for a ”statement of reasons” That means the tribunal Judge must explain in writing the reasons why they took the decision they did.
    When you recieve a copy of the statement of reasons, then you can go through it with a fine tooth comb and look for a possible error in law.

    What are/is errors in law you may ask ? yes a good question, because to apply to the Commissioner in the second tier tribunal, the statement of reasons must have some error in law, you can’t just say I don’t agree with the Judges decision, as I said there must be an error in law.

    For instance, it could say on there that you can do certain things now that you couldn’t do on the date the DWP informed you that you were fit for work, since the tribunal hearing is supposed to be refering to that date, then they can’t refer to the present and use that to find you fit for work. You see, they must keep to that date in time (when you were informed by the DWP), and not the present, because that is, would be an error in law. You would be surprised how often they do it and try to get away with it.

    Another example of an error in law, would be, a reference on the statement of reasons to matters that never happened, for instance, saying that the ATOS Doctor said certain things that were not on the ESA 85.
    Yes that happened to me, the tribunal judge wrote on the statement of reasons that the ATOS Doctor said on the ESA 85 that I could bend my back to touch my knees, if that was true then there would be no error in law. But it wasn’t true, absolutely nowhere on the ATOS ESA 85 medical report did it say the Doctor asked me, or even mentioned bending my back to touch my knees, but the tribunal Judge said it did on the statement of reasons.
    And that is an error in law, because they can’t refer to things that never happened, because as you can see, it’s just desperate nonsense to try and justify their erroneous decision. And when compiling the statement of reasons they either overlooked it, or hoped I wouldn’t notice.

    And you would be surprised on the amount of stuff they overlook, so that’s your first stop, apply and get that statement of reasons, also get welfare rights help if you don’t have it.

    And I can tell you I know how it feels when you have been stitched up by a crooked tribunal, because I have been there, and it’s very frustrating because in your heart you know the decision was ideological, you know they were biased and don’t give a toss, remember you are not alone…!!

    The best revenge is to beat them at their own game.

    Comment by dwpexamination — May 19, 2011 @ 6:21 pm

  43. HI everybody,by fiilling in a esa 50 you are immediately cancelling your old claim,they dont tell you that,consult a solicitor straight away after wining your appeal and have them for harassment,your physical condition and circumstances are not going to change in a couple of months,and we all know the system is as bent as a butchers hook.its us against them.

    Comment by Anonymous — June 29, 2011 @ 11:41 am

  44. Why do you have to re-apply for e s a when your already entitled to it,that is the whole point of you going to a tribunal in the first place,do not fill in a esa50 after you have won your tribunal,otherwise you are cancelling the claim your already claiming,before you know it they will be sending you another letter from that cowboy organisation athos again,and you will have to go through it all again.its a farce and a con,you have wrights as a human being,its not your fault your disabled,consult a solicitor straight away after winning your tribunal,and beat them.

    Comment by Anonymous — June 29, 2011 @ 12:02 pm

  45. hi all.i won my tribunal which was held wedsnesday just gone dec.21st.little compensation for the last year of hell stress having money and rent stopped and nearly bein driven to suicide.i scored 0 points courtesy of a cow from atos who was only a physio.i have asthma.osteo arthritis spondylosis and depression.she deemd nothing wrong with me .how kind of her.i hope she sleeps well at night cos i havent for a year.victory is bittersweet as they can put me through the same hell anytime they please.if i dont receive my backpay i will play holy hell.the same will happen if they dare send me another medical form so soon after me just winning.my solicitor will file harrassment charges at my request.i am sick to death of these bastards and they wont brow beat or bully me into claimin jsa.they must think cos we are ill we know nothing.how wrong they are.fight people and keep fightin.thats what i will be doing no matter what they try and make me do.my heels are dug firmly in waiting for them to play silly buggers again but now having been through it ,i am forearmed and forewarned of what to expect.they are in for a royal shock

    Comment by lynnleeds — December 24, 2011 @ 7:14 pm

  46. Hi Lynnleeds.

    Forewarned and then forearmed that’s the way to go, you can get the best forewarned and forearmed here at the forum http://www.dwpexamination.org anyway good to see you won your tribunal, you may have a wait for your backdated money, because when you win a tribunal they are never in a rush to contact you, of course if your appeal was rejected the opposite applies and the average time for them to contact you is usually around a week.

    Comment by dwpexamination — December 25, 2011 @ 1:00 am

  47. am fully expecting to be given the runaround,so am geared up with solicitor on standby and mp being kept informed.these idiots treat us like fools,but we know we are far from that.this experience has taught me one thing-I am stronger than i thought.i nearly gave in a few times but was fuelled by anger and i will fight them all the way again to tribunal if need be.which part of xrays dont lie is it hard for them to get?They are saying i will fight with you,but first i will cut your arms and legs off so you dont stand a chance.how fair of them!!!!am far from done with them,but if they think they will annoy me they are wrong.i will annoy them until they finally say f*** it.good luck to all on appeal.never give up as by giving up you allow them to rule your life with a rod of iron.it unnerves them when you wont go away.i can last as long as them at this game.thats how to treat it.its a game of wits.once you have been through it you know what’s coming and thats an advantage in my eyes,even if you go through the same feelings.its still the same format. lets band together and show them we are made of steel not plastic they can mould.also my arthritis is degenerative.surely they know this means it will never get better,only worse.

    Comment by Anonymous — December 25, 2011 @ 11:58 am

  48. Hello Anon.

    That’s what it is a game of wits, but they hope you/we commit suicide and save them some money and improve their benefit denial figures, unfortunately sad but true.
    Your right about banding together and we have made a start here at the forum http://www.dwpexamination.org
    it might last a while this forum because we ain’t going to give up, they will give up first.

    Comment by dwpexamination — December 25, 2011 @ 12:08 pm

  49. hi i have registered.am just waiting for someone from the sister forum to approve it.the more we kick off then theres a slight chance a member of the houses of parliament with even the slightest degree of hearing might just listen.if i can help in any way to anyone or the forums please let me know.i wont let the bastards grind me down.am available to help at any point.if anyone needs advice or i can join in helping bring the tyrants down.

    Comment by Anonymous — December 25, 2011 @ 12:17 pm

  50. hi the last 2 anon posts were me lynnleeds.i think i hadnt logged in sorry.but yes if i can do anything pls let me know

    Comment by lynnleeds — December 25, 2011 @ 12:20 pm

  51. Hello Lynleeds.

    That’s you in, we were getting a lot of spam from all over the world so now we vet everything at the door, cheers and merry Xmas.

    Comment by dwpexamination — December 25, 2011 @ 4:16 pm

  52. hi dwp am having a great eveing.am emailing all my mp’s and also working my way through the list of house of lords emailing every single one of them.should be fun seeing who is on our side.am not stopping til have emailed the whole damn lot of em.about time the little people went right to the top and gave them an idea of what goes on.so by morning or whenever they go back the lot will have the same email on their desks.am on a mission now.am fedup at the thought of going through the same carryon time after time,so am telling them how it really is not what the dwp n atos say it is.they hearing from someone whos lived through it and if i dont get any replies will keep at it.anyone wishing to follow suit google house of lords list and get cracking lol.

    Comment by lynnleeds — December 26, 2011 @ 7:30 pm

  53. Hi Lynleeds.

    By now these MPs and Lords should have received hundreds if not thousands of e-mails and letters, the more the merrier though..!!

    Comment by dwpexamination — December 26, 2011 @ 8:07 pm

  54. yep the more we needle them,the more they be thinking sod it have to do something.or thats the hope anyway.am mailing 2 journalists who work for the aily mirror too.they not afraid have done tons of stuff on atos and the dwp.they speak their mind.sommerlad and penman.look em up on daily mirror tell em your experiences they have written loads of things about what dwp and atos have done.am going to email everyone i can think of til someone does something.the more who do it the more chance of being heard.

    Comment by lynnleeds — December 26, 2011 @ 8:12 pm

  55. i am spittin bricks.you’re right they dont half give you the runaround trying to get your money when you have won!!!!5.10pm and am waiting for another callback which hasnt happened.pls tell me i dont have to still send sicknotes now i have been placed into one of the 2 groups aka wrag.i understand its only while on appeal and up to tribunal you have to do that.

    Comment by Anonymous — January 11, 2012 @ 5:11 pm

  56. the above comment is me lynnleeds.sorry forgot to log in again.its 3 weeks since i won and am badgering them.my MP is now on the case.my solicitor rang them after sending them letter and copy of tribunal.they wouldnt speak to her saying shes not my rep!!!!!!!she said if you look on the gl24 i think you will find i am.gawd theylie so much its unreal.anyway am digging in.am determined to get what they owe me.am just annoyed its yet more stress and fighting even after i have won.lynnleeds

    Comment by Anonymous — January 11, 2012 @ 5:14 pm

  57. I’m spitting bricks as well old boy, I won my tribunal seven weeks ago and I’m still waiting to hear from the DWP, so it’s like this when you lose an appeal you hear from the DWP within a week, when you win an appeal you never hear from them again…LOL.
    And you are correct, you do not need to send in a sick/fit note when you win an appeal, but that doesn’t stop these bozos from sending you a letter demanding you have to send one in, if they do insist just phone them and explain the situation, mind you I phoned them and the Idiot on the other end of the phone swore blind I still had to send in a note, so what I did was I just didn’t comply, just totally ignored them and they got the message eventually.

    Comment by dwpexamination — January 11, 2012 @ 8:07 pm

  58. old boy lol.have i grown something:Pyep yer right if we had lost we would have been shoved into the whole process again right away.all we can do is keep epstering them until they finally cough up.theres no way they keeping my money.my mp should be at em tomorrow giving em some stick.am gonna be a bigger pain up their backside than theyve been up mine.

    Comment by lynnleeds — January 11, 2012 @ 8:13 pm

  59. You will get it eventually, but sorry to be the one to tell you that they don’t go out of their way, so try and be like me and be patient, maybe for me it’s next week and that will be two months, that’s nearly a grand the buggers owe me.

    These people in the DWP are working class people they are not upper class like Cameron, but they treat their own folks like dirt, they know what they are doing is totally immoral, but still the horror goes on, the type of people that would slot in to some dreadful place like Belsen or Treblinka as guards and wouldn’t think twice about it in fact would relish and love every minute every second…!!

    Comment by dwpexamination — January 11, 2012 @ 8:15 pm

  60. i totally agree they have swinging bricks for hearts.one day god willing they will become ill forced to give up work and go through what every one of us has done.then see how they fair.

    Comment by lynnleeds — January 11, 2012 @ 8:17 pm

  61. Well you did introduce yourself as Anonymous old thing…!!

    Comment by dwpexamination — January 11, 2012 @ 10:32 pm

  62. i know lol i signe din but it didnt show.well the house of lords played a blinder in the news eh?but the dwp n govt says theyre still carrying on doing what theyre doing.will see how far this one goes.

    Comment by lynnleeds — January 12, 2012 @ 1:11 pm

  63. Hello Lynn.

    You do not have to supply a sick note if you have won a tribunal, trust me, they did the same to me and I called them up and told them that I do not have to supply a sick note because I won my tribunal the week before, the guy at the other end of the phone insisted and even asked his line manager for a confirmation, he came back and said yes Sir it’s confirmed by my boss you do have to send in a sick note.
    So I sent them a letter, and pointed out that on such and such a date the tribunal upheld my appeal and as you know (WINK WINK) a sick note is no longer needed.
    Saying as you know on your letter to them, will do the trick..!!

    Comment by dwpexamination — January 14, 2012 @ 10:45 am

  64. ok will give that a whirl will pen a letter today and send it.sorry for moaning.it just seems they keep the misery going for the hell of it.thanks

    Comment by lynnleeds — January 14, 2012 @ 10:46 am

  65. have written saying my tribunal was upheld on 21st dec,as you know i no longer need sicknotes sending in.then i put have checked with solicitor,welfare rights benefits officer and ibwrag.

    Comment by lynnleeds — January 14, 2012 @ 11:02 am

  66. That’s right, was upheld in your favour on the 21st, don’t worry about it, I know it’s a flippen pain, but we all have to go through this hassle with these idiots it’s par for the course.
    I mentioned somewhere on the Blog that I won my appeal 7 weeks ago and so far haven’t even had an acknowledgment from the DWP let alone receiving any backdated money they owe.
    It’s all designed to annoy us and stress us out so that we give up and just go and sign on, they are just a bunch of monsters with no heart or social conscience.

    Comment by dwpexamination — January 14, 2012 @ 11:13 am

  67. no i havent had acknowledgement or callbacks when have rung so they stonewalling.woe betide them if they do stop my money after receiving this letter off me.i will raise holy hell.they break their own rules and lie so much its a wonder the devil himself hasnt come and bitten em all on the arse.he needs to.i wish them all no sleep constant worry and stress like we’ve all had with a final wish that every time they go to the loo its to shit pineapples lol .sorry but its way i feel.i wont give up they can go tittle before i will give in to them.thanks for the help.

    Comment by lynnleeds — January 14, 2012 @ 11:18 am

  68. Lynn.

    By pure coincidence this letter just came through my door, half an hour ago, I will type it in for you to see.


    Please note you do not need to send us any further medical certificates, this is because you are in or will be going onto the main phase of employment and support allowance. You will receive or have already received a separate letter about this. We have also sent a letter to your Doctor.

    You will still need to attend for an assessment if we ask you.

    Where to get more information.

    If you want more information about anything in this letter, please get in touch with us.
    The phone number and address are at the top of this letter.

    I hope this helps put your mind at rest Lynn, so forget it, just send the letter and get on with living your life.

    Comment by dwpexamination — January 14, 2012 @ 12:31 pm

  69. sounds great i hope i get a letter like that too.well done and good luck with getting your money .thanks for letting me know appreciate it.

    Comment by lynnleeds — January 14, 2012 @ 12:36 pm

  70. hi me again lol.am just wondering are you still on low rate esa like i am?i thought mine would have been changed to full rate now as its a month weds since i won.i have mentioned it in my letter to them.am still on same rate as when i was on appeal.

    Comment by lynnleeds — January 14, 2012 @ 9:09 pm

  71. hi nelson.yes my mp sent me a letter stating he is not happy with whats happening regarding getting my esa sorted and backpay.i emailed him all my details and he said he is going to take this up onmy behalf.a fact i also mentioned to them in the letter i sent today.i dare say they will have me marked as volatile or a trouble causer for daring to speak up to them but do i care?nope!!!we are all standing up to them and i personally think they started something thats seriously going to bite them big time when it all goes tits up.come on people.power to us.be brave face them and give em hell.and thanks to whoever started this forum.its brought together a lot of people,helped a lot of people and also made us into our own community.we are pioneers because nobodys been there but us.if i can help in any way pls feel free to let me know.i will never give into them and would love to help people who are just starting this horrible journey.3 cheers for this website.

    Comment by lynnleeds — January 14, 2012 @ 9:28 pm

  72. Still on the low rate for the moment, I checked my bank account this afternoon, even though they said they have paid the back date money in to my account, maybe later on in the week then, as I said before it’s all designed to stress you out so that you give up, or so they think, all they are doing is making people even more determined by getting their backs up.
    Don’t forget to log in to the sister forum http://www.dwpexamination.org and learn more on what Cameron and his henchmen have got in store for us in the future.

    Comment by dwpexamination — January 15, 2012 @ 2:09 am

  73. hi there its larry here its been a while since i’ve posted on here,i was expecting to post again regarding my appeal tribunal around october,but after waiting 7 months or so they approached me in the waiting area at the appeal tribunal service and just said they had to adjourn that day as running late.they asked me if i wanted an early hearing as soon as possible and naturally i said of course i would. i was thinking this would be maybe the next week or so but i received a letter a week later saying it would be in january the following year almost 3 months additional waiting.i dont know why this would be the case as surely if they are running late then everyone just gets bounced back a sitting but 3 months ? what gives? maybe the fact that i forwarded more evidence on a few occasssions leading up to my october hearing propmted the dwp to ask the tribunal for a time favour ? i dont know. any how the time has finally arrived for this tribunal it is tommorow morning at ten just over 10 months after first being refused esa after having just won an appeal for it 5 months prior to that. i have asbestos related disease of the lungs ,degenerative disc disease along all my spine ,i have a particulary nasty and chronic skin ailment where i’d rather not have it,i have liver problems ,and i suffer from depression as a result of said ailments 3 of which are chronic one even life threatening,i have forwarded letters of findings from my consultants which were accepted and not challenged at all by the dwp last time out ,this time i have testimony by my brother who helps me on a daily basis, further medical reports,and further gp letters from an exasperated gp wh beggining to be more pissed of by these dwp characters than even i am!

    Comment by Anonymous — January 17, 2012 @ 11:45 pm

  74. its larry here again ,iv’e forgotten how to log in correctly though i’ll get to grips with it again i hope. any how i will hope to keep the forum on here up to date with tommorows tribunal hearing hopefully i’ll have a result to instill some confidence back in british fair play and natural justice. it seems ironic that of all the things i complain of and which i can back up medically the atos dr was only interested in debunking the problems i have with mobility ie walking the very problem i was awarded an additional 9 points for last september 2010!he even go’s out of his way to admit i have severe swelling of the lower pelvic area which makes it very difficult to sit or stand in any comfort ,but my spinal problems are of no consequence to my ability to walk? last i knew every one needs their spine and legs to walk i dont know of many hips or spines or coyx that dont move around whilst walking,if a person has difficulty sitting or standing then being underway walking aint going to be any less painfull. we all only have 1 spine and everythings attached to it last i knew . my bro did a bit of research on this atos dr and it turns out he aint a specialist in anything particular,nor is he actually registered to practise as a gp ,and the things he is supposed to have garnered from me in a 45 min examination is downright remarkable,the mental analysis alone would have freud or jung salivating with jealousy. any how i am worn out with all this mental stress regarding these ma tters and i had best save my efforts
    for tommorow and i just hope i get a fair tribunal panel because if its down to fairness i have no worries at all.

    Comment by larry — January 18, 2012 @ 12:03 am

  75. Hi again Larry.

    I think they are resorting to the ATOS tactic of double booking just in case people don’t turn up they have a fresh supply of cadavers, your day was fruitful for them hence the postponment.
    Remember Larry now that they have decided that it is not a medical you attended but a functional assessment you have to prove or convince this panel that your health condition affects your ability to function, an example would be your disc disease inhibits your ability to stand, walk bend etc.
    Good luck and remember the forum http://www.dwpexamination.org let us all know how it went..

    Comment by dwpexamination — January 18, 2012 @ 5:23 am

  76. I’m sure you’ll do ok Larry, just concentrate on getting across how bad it affects your ability to function and you will win, don’t forget what you wrote on your ESA 50 and keep your concentration there and get those points.

    Comment by dwpexamination — January 18, 2012 @ 5:30 am

  77. hi there i’ll start this brief post by announcing my long awaited for(10 months) success at my latest appeal.my appeal on wedensday 18th was first time slot, and the dr, and presiding judge were inquisitive in thier questioning of me on medical matters,ie how my ailments of which i have a few, effect me on an everyday basis.they arrived at the same decision that was rendered on sept 2010 taking into my account my difficulties with mobility ,that is walking ,and my inability to be able to sit or stand in comfort for any period, due to my spinal condition.again i was awarded a further 9 points on a basic 6 i was awarded by the atos hcp.they did not seem to rate the atos hcp’s report at all and they were more than a little peeved that again for a third year running the dwp preffered not to show, and basically wing it on the basis of the scantiest of rebuttles to my drs, and my consultants, and my brothers, and my own personal testimony.i am receiving treat ment for depression due to 3 of my ailments, or conditions, being chronic ,two of those ,degenerative and one of those(asbestos) being potentially fatal.i was rated 66 points by cab representative, who did a sterling job preparing submissions for me, my brother was a little dismayed that the presiding tribunal were content with my spinal problems only. though i am starting to understand the political, shall we say, undercurrent that runs alongside all this dwp ,esa controversy,and the pressure the gov is bringing to bare, on a hard pressed tribunal service, to recommend most folks, short of imminent death, for a the wrag group if they do have to get an award of some sort. this enables the gov to start the whole process again,hoping to sicken you into submission if you dont go raving bonkers first, or succumb physically , through a seizure of some sort.i am seriously considering legal action for physical and extreme mental anquish if i receive a medical appointment letter or esa renewal anytime soon in the post. my advice to any one going in front of the tribunal, is just be as honest as you can when being asked about how things affect you ,and make sure you garner every bit of relevant info and medical testimony ,and drs reports you can and help make the presiding tribunals job easier.if you have a genuine case then what the dwp will forward, will usually be a load of half baked tosh which a well honed proffessional on a tribunal panel will see through with ease,so keep your composure ,assist the tribunal and allow your eveidence and testimony to kick the dwp and atos into the short grass.once again thanks to my brother who not only helps me on an almost daily basis, but is good enough to listen to me ramble ,whilst typing it all down for me,enabling me to keep the forum posted. good luck all, with your appeals, and managing your conditions.

    Comment by larry — January 20, 2012 @ 12:40 am

  78. Cheers Larry…And thanks for getting back to us, I hope we helped a bit as well, cheers to the CAB and your brother it’s good to see another success story and lends credence to our fight against this dreadful money making regime called ATOS.

    Comment by dwpexamination — January 20, 2012 @ 4:41 am

  79. hi now how you are all feeling went for a medical had a lady doctor she made me feel like a child. she spent nearly all the time on the compter and look at me as if i was not telling the truth. had been throw breast cancer and had a atro bypass opertion. then got a letter and my money was stopped have no faith in the goverment.

    Comment by Anonymous — January 20, 2012 @ 3:27 pm

  80. Hello Anonymous.

    I hope you are going to appeal, you can get help here http://www.dwpexamination.org you do not have to sign on when appealing you can still get money etc.

    Comment by dwpexamination — January 20, 2012 @ 4:08 pm

  81. yes do appeal.its scary but worth it trust us.we have all been through this.this forum is brill for good advice from people who have lived this horrible experience.we are all here to help.dont give in to them and dont listen to the dwp.you are entitled to low rate esa while on appeal ie 20 percent less income than you had.fill in the gl24 and grab yourself a welfare rights benefit officer or solicitor.

    Comment by lynnleeds — January 21, 2012 @ 8:51 am

  82. as for myself.the story so far total refusal to acknowledge i won so my mp and my solicitor have now written demanding to know what the hell thay are playing at.my solicitor is also lodging a formal complaint to darra singh the new jobcentre plus chief executive,watch this space.i say that tonuge in cheek as its saturday morning and am fully expexcting some form of shitty letter designed to panic me all over the weekend when i cant get hold of them lol.any news on your money yet dwp?4 and half weeks and counting here lol

    Comment by lynnleeds — January 21, 2012 @ 8:54 am

  83. Hi Lynn.

    Sorry I couldn’t get back to you sooner, yes I received my money sometime between Monday and Saturday, went to the bank on Saturday and it was there, so we are talking around six and a half weeks to seven weeks wait, I suppose it just depends on how busy they are, I prefer to wait a little longer if it means it will keep them hog tied every day and up to their eye balls in work. The letter from Darra Singh will almost certainly be a template by the way.

    Comment by dwpexamination — January 22, 2012 @ 9:02 pm

  84. yep will be interesting to see if he replies and what he says.aww am glad you got your money sweetheart.well done you.well i havent had any mail off them.am awaiting their response to my as you know letter lol.i think i am being a right royal pain cos my solicitor wont let it lie lol.with my mp wading in too i reckon they will have me marked as a troublecauser lol.

    Comment by lynnleeds — January 22, 2012 @ 9:07 pm

  85. Something should be done about this miscommuncating light between the tribunal service and the DWP and then us the so called customer (Have you ever bought anything from the DWP or ATOS ?),
    I don’t believe it’s the fault of the tribunal service because if you lose an appeal then the DWP let you know within a week this means obviously that the tribunal service are getting on with it. And of course if you win then there is no hurry for the DWP to get back to you whatsoever..!!

    Comment by dwpexamination — January 22, 2012 @ 9:41 pm

  86. well the dwp have had 3 copies of my results one off tribunal and 2 off my solicitors yet they still buggering about.will see what the post brings this week if anything.all theyre doing is throwing a deaf un as they do when people win.but i wont let them am at them every verse end.they should end up paying me if only to keep me off their backs lol.i been ringing them pestering and with my letters,mps letter and numerous ones off solicitor its probably stressing them out lmao.good!!!!!!!!!the only thing the dwp and atos could sell is manure.theyre ruddy full of it.if i ever win lottery,i plan to hire a muckspreader full and spray all their offices with as much shit as theyeve given me lol.yep if had lost they would have been at me straight after xmas.its alld esigned to piss us off like you said.but in reality its making me stronger.and more determined for when they start the merry go round of it all again.

    Comment by lynnleeds — January 22, 2012 @ 9:48 pm

  87. congrats dwp on finally receiving whats rightfully yours,pity we all have to carry on in this manner to receive help from a so called caring society.and you keep at them lynn in that churchillian manner and they’ll realise how their heroes the nazis felt back in 45. i got renumerated shall we say pretty speedily last time around so i aint anticipating any speedy recompense this tim e around no siree! any hassle be it financial or otherwise this time and its my brief who’ll be speaking to em. also a belated thanks to all the very welcome encouragement i’ve received on here ,and i’m beggining to think the nation may be waking up a little to the scandal that is unfolding around benefits etc!

    Comment by larry — January 22, 2012 @ 10:08 pm

  88. If you win the lottery then take them for an expensive court case that they would almost certainly lose due to the evidence from all the fabricated functional assessments forwarded from people they have lied to over the last three years at least.
    By the way, they used to call it a medical assessment but it seems they ran in to problems calling it a medical, so now it’s a functional assessment. Their twisted logic runs like this, if one has a brain tumour or lung cancer then they can walk cant they ?.

    Comment by dwpexamination — January 22, 2012 @ 10:24 pm

  89. they would tell a glass eye on life support it was fit!!!

    Comment by lynnleeds — January 22, 2012 @ 10:28 pm

  90. hi larry am 5 weeks on wednesday since i won and they point blank hevnt acknowledged it but i intend to make damn sure they cough up.am actually enjoying pestering them lol.

    Comment by lynnleeds — January 22, 2012 @ 10:30 pm

  91. The nation is beginning to wake up Larry but it’s still a long hard road, this Government is the most ruthless Government since the Tories from the 1920s. Cameron admitted on the Andrew Marr show last week that he doesn’t care if he loses the election as long as he believes he’s doing the right thing, probably what he meant to say was I don’t give a toss if your lives are fucked up as long as my friends and I before we go screw you all for everything we can get.

    Comment by dwpexamination — January 22, 2012 @ 10:31 pm

  92. at last a letter of ackowledgement off the dwp that i won.it says am entitled to 96 pounds odd per week from 7th july last year when they stopped my money.no mention of when my money is going up or when i will receive arrears but its a start!!!

    Comment by lynnleeds — January 24, 2012 @ 10:29 am

  93. thats great news lynn,nice to hear your getting there,so what group exactly have they placed you in? and would you consider appealing the grouping if your not happy? hope to be able to get back on later when feeling better to natter a touch more . catch you’s later!

    Comment by larry — January 24, 2012 @ 10:42 am

  94. hi larry they placed me into the work related activity group.yes i would consider appealing it if my condition goes downhill fast.i have degenerative osteo arthritis

    Comment by lynnleeds — January 24, 2012 @ 10:49 am

  95. Hi Lynn.

    Yes same here 96 odds, and you can expect yours anytime, hope it’s soon because you have waited long enough..!!

    Comment by dwpexamination — January 24, 2012 @ 10:53 am

  96. so has your money gone up then or still waiting?

    Comment by lynnleeds — January 24, 2012 @ 11:11 am

  97. hi there again forum folks. just dropping a line to let you’s know i’ve received notification of my new payement level,and the arrears coming to me. it is informing me that i will be in receipt of£ 91.40 pw from day of my decision,and naturally the back monies are paid to me at what ever the level was over that period i presume it was the same amount. and in april it will be around £94.25 per week.,i have aked my cab representative what i can do in that situation,she says until the law is changed we all just have to bare it, and up our veracity on confronting them,i dont think she was of the opinion that a private action for harrasement would serve a purpose, though i ‘m still sure if someone just enacted one, we could force the issue at lords and euro level,this behaviour of the gov is just plain wrong . i’m so exhausted by all this that i aint even in a hurry to check bank to see if they forwarded the back monies, i’d hate to see the figure i’ve made my self even more ill for! i presume once they have informed me of the amount that they are ready to forward it.

    Comment by larry — January 26, 2012 @ 1:15 pm

  98. crikey that was quick.i havent had any letter confirming when my money is going up or about arrears lol.they must actually work in your area haha instead of sitting thinkin how to make folks lives a misery.well done you.oh dont worry if this malarky keeps up i am planning a few things.fearless freddy here lol.am so pleased you have been sorted out so quickly.my letter just said i would be on 96 per week but no start date yet.you can relax for a few mths now anyway kiddo well done.

    Comment by lynnleeds — January 26, 2012 @ 1:18 pm

  99. i know john packer the right rev who vetoed the benefits cap so thats one avenue.the other is i know some of the members of lords from leeds and also i intend to kick up a storm at the way they treating people by any means i can.we been brought together by adversity and we survived even if we feel crappy.at least now we are forearmed and know the procedure.i have friends who are mps who are dead set against this cruelty one being fabian hamilton mp.am not letting it lie just cos i won.am determined to make them see we wont lie over and play dead. you enjoy spending your money lad.i know i will.yes its made us ill but also made us stronger.

    Comment by lynnleeds — January 26, 2012 @ 1:30 pm

  100. Hello Larry.

    With the DWP muppets presume nothing and approach with caution, just because they say they will do something doesn’t mean they will rush to do it, as always when dealing with the DWP patience really is a virtue.
    As for taking them to court, that’s not a problem the chances are you will win no problem because there are to many witnesses to their crimes and will be only too happy to give you all the assistance you need, just make sure you have an extremely large bank account though, because you are going to need it.

    Comment by dwpexamination — January 26, 2012 @ 2:31 pm

  101. hey dwp yer around lol.was wondering if you were ok.has your money gone up now?reason am asking is my payday is weds and wondered if mine would go up.but i guess like you say its wait and see.

    Comment by lynnleeds — January 26, 2012 @ 2:35 pm

  102. Well I did say…….I also remembered the song ”I KNOW THEM SO WELL” LOL. Anyway you will get the captain cash Lynne just take each day as it comes, it’s best that you get used to it because as long as these muppets are in charge of running this big giant muppet show, there’s more of the same on the way..!!

    Comment by dwpexamination — January 26, 2012 @ 2:35 pm

  103. Hi Lynne.

    Think of the things you can do with that money, choose any charity, give to the poor, this isn’t blood money it’s a fee nothing, fee nothing, fee nothing more. FROM THE MASTERPIECE ALBUM ”JESUS CHRIST SUPERSTAR”

    I didn’t give mine to charity though, I spent it on myself…LOL.

    Comment by dwpexamination — January 26, 2012 @ 2:40 pm

  104. yep and more and more of us too which is good.am glad yer ok.i got my money earmarked for stuff for the flat.least i will have nice things to look at while am plotting lmao.am glad yer ok.

    Comment by lynnleeds — January 26, 2012 @ 2:41 pm

  105. charity begins at home lol good for you:)

    Comment by lynnleeds — January 26, 2012 @ 3:16 pm

  106. Hi I had my appeal yesterday and was turned down, I had got the points to be transferred from ib to esa but they had placed me on the wrag group, the nurse who assed me said that Wouldn’t be returning to full time employment but she said that I could walk over 200 yards before feeling severe pain and now I worried that I will lose my dla and motability car that I depend upon, my gp had arranged an xray to show the damage to my ankle,I had a motorbike accident and spent a year in hospital and two years before returning to work in the railway and then continued to work for the next twenty seven years the railway gave me a light job and after an operation to cut and tie veins to try and stop varicose ulcers failed to help I was told to elevate my leg for half an hour every now and then as I had chronic veinous insuffisency as well as arthritis the railway said they could not othorise this and had to let me go,my right leg is two inches shorter than the left and is twisted so it is affecting my spine,I’m in such pain and dont sleep well I’m just exhausted, after the tribunal nobody said that I could appeal their desision do you know if you can do that. Kindest Regards

    Comment by Colin McGilvray — January 26, 2012 @ 7:02 pm

  107. hi colin sorry to hear you were turned down.as for appealing a tribunal,you can appeal to an upper tribunal but you have to prove the first tier triubunal broke some law.you can appeal to dwp and give as much medical evidence as possible backed by gp xrays etc and see if that will work.get your mp and anyone else on board who has any clout.i wish you the best.

    Comment by lynnleeds — January 26, 2012 @ 7:13 pm

  108. Hi Colin.

    Did you have any representation with you at the appeal ? like the CAB or Welfare rights ? if so you can ask the rep to apply for a statement of reasons on your behalf, a statement of reasons is what it says, a statement of reasons of their justification of denying you the support group, if not and you want to appeal then you really need help to forward a possible submisssion because there is a lot of hoops to jump through.
    Once you see the statement of reasons then you can decide if they have broken the law, if they have then you can appeal to the second tier tribunal.

    But can I suggest something else Colin, the difference between the WRAG and support group in monetary terms is around £5 odds, and the work focused interview you may be asked to attend is a formality because when the adviser sees how bad you are physically it’s unlikely you will be asked back.
    Also bear in mind that these interviews although you are forced to attend, they cannot force you to take a job. So think again, is it really worth appealing for £5 odds. The decision is yours of course, personally I couldn’t be bothered with the hassle.

    Comment by dwpexamination — January 26, 2012 @ 8:52 pm

  109. hi there again forums,i’m just dropping yous a line to say i got a letter asking me to send a sick note in although i’ve won my esa appeal and have been placed in the wrag group,so i’ve written of to the dwp to inform them of their error with proof of my win, and the actual letter they sent me informing me that i was indeed in the wrag group .this letter was dated a day after the sick note letter and sent by exactly the same dwp office! also i’d like to inform the forum that again like last year, i have received my back monies exactly a week after my victory,it sadly do’s not seem to be the case for most folk on here,i’m beggining to wonder if there’s something they-DWP- know that i dont,its starting to worry me a little.

    Comment by larry — January 27, 2012 @ 7:57 am

  110. hi larry congrats on getting your backpay.treat yourself to something nice now:)they always know things.the goalposts are moved every day in an effort to make us give up.theyve misjudged us because we wont.all they are doing is annoying the hell out of everyone and making them fight more.i have to say i lost last year cos it was consumed with them and their treatment of me and many others.it ruined 2011.

    Comment by lynnleeds — January 27, 2012 @ 8:55 am

  111. So Larry you got your money within a week did you ? they must like you ? maybe they are lining you up for one of those new a jobs in Job centre plus……..LOL.

    Comment by dwpexamination — January 27, 2012 @ 10:09 am

  112. Hi Lynn and dwpexaminations thank you for your support, I had been to the job centre for the first time ever and that was before the appeal and the lady there put on the computer that there was no likelyhood of me returning to work she also said that she would just phone to see if there had been any changes and not have me coming in which is great but what I am worried about is losing the dla as the nurse had said that I could walk over two hundred yards before feeling pain, now at the appeal they said they would only accept new evidence from when I had the assesment and did not look at the radiographers report on my ankle because the nurse had said that my foot does not move but on the report it says that I have anterior osteophyte formation which is boney spurs growing on the joint also that the joint and forefoot were degenerating, well when I filled in assesment forms and for dla I only said that I had been told infection had got into the joint so I would say that was new evidence. What do you guys think. Kindest Regards Colin

    Comment by Colin McGilvray — January 27, 2012 @ 12:10 pm

  113. Colin..It’s difficult to see how it can affect your DLA if you have won appeal for ESA, but it has happened to some people and they have had to appeal, but if the worst does happen then an appeal with a win is the way.
    You can always get new evidence if you need it while waiting..!!

    Comment by dwpexamination — January 27, 2012 @ 1:42 pm

  114. Hi dwpexaminations I contacted my mp’s office and they have said the same that the dla can’t be touched and if any payments are stopped I have to contact them and they said to wait for the written verdict to see what they have said and then if need be to contact them which I will be doing because when this new pip payment comes in things are going to get a lot more harder.
    Kindest Regards

    Comment by Colin McGilvray — January 27, 2012 @ 6:37 pm

  115. I am on employment support alliance and i went to a medial assessment and scored 0 then i applied and won and got backdated money now after 3 month I have received a letter that i have to fill in a esa50 form again and then I assume I have to go to a medical assessment for the 2nd time its like they are causing stress to me and making my illness more worse what was the point me winning the appeal first time any one can help?

    Comment by Anonymous — January 28, 2012 @ 6:48 pm

  116. Hello Anonymous.

    I wish I had my second ESA 50 just lately, they gave me my first one over three years ago and haven’t stopped since, assessed and refused ESA, appeal and win, assessed and refused ESA and so on and that has been my experience of ATOS ever since.
    You are obviously unaware that since OCT 2008 the goalposts changed, the object was/is to get as many people of sickness benefits as possible, some say the Governments ambition was one million, well so far they have failed, even though they tried every dirty trick in the book, even though they fabricated thousands of medical and functional assessments and even after all that they still couldn’t achieve their figures.
    They had some success for a few months because people didn’t know or weren’t sure of their rights but because people are now slowly but surely getting to know their rights and people are appealing in droves the Government are frustrated because they are not getting the figures that they promised, now a new set of descriptors were brought in starting May last year, these new descriptors are so draconian (as if the last ones weren’t draconian enough) that the chances of being found unfit for work has become highly problematic for the majority of people with health problems, it seems now you have to be a head on a cushion before you can qualify for ESA and therefore receive help and support in to work in the future. Sorry I don’t have any good news to tell you because as far as this Government and their idiotic assessments via ATOS are in place things will never change.
    You/we might not know who to vote for but you definitely know who not to vote for in the future…!!

    Comment by dwpexamination — January 28, 2012 @ 8:15 pm

  117. Hi can any one give me some advice please I got my tribunal in 2 weeks & to say im worried is an under statement but I have been told if I do win my appeal will prob be placed in the work related group even though ive gt oa ibs deformed painful feet depression & suffer panic attacks & walk with the aid of crutches who is going to give me a job & have also been told thati will only be allowed esa for 1 or 2 years anyone know if this is true help worried mam of 2 !!

    Comment by sharon price — January 31, 2012 @ 3:14 pm

  118. Hello Sharon.

    Let’s look at your problems one by one, you seem confident you will win the appeal and judging by your health conditions you described then I would have to agree with you.
    But you fear being put in to the WRAG, the difference in monetary terms is £5 and the condition they impose which is compulsory attendance at the Job centre to help with support in to work is nothing to worry about because in your condition the advisor will see that at least for the moment there is no chance of you working, and the chances of them dragging you back there is almost zero, so it’s just going to be a one off, so looking at it that way is it really worth all the hassle to get on the support group for an extra £5 per week.

    Your other worry regarding ESA is a little more complicated because you don’t say if you are on contributory ESA or income related, I am assuming for the moment it is contributory ESA if so then there was certain conditions, you could have £16,000 or more in the bank, or you have a partner who is working and earning £149 per week or more. if so then your entitlement will indeed stop after a certain amount of time, this is an injustice and we have been trying to oppose it here http://www.dwpexamination.org if you are on income related ESA then as long as your circumstances stays the same (you don’t come in to some money) then they will continue to pay you as long as you are entitled to ESA income related. Unfortunately if you save money they punish you..!!
    Let us know how your appeal went Sharon !!

    Comment by dwpexamination — January 31, 2012 @ 4:18 pm

  119. hi sharon don’t worry you will win because the benifit your claming is not job seekers alliance the benefit your claming is Esa for your illness its nothing to do with a job the benefit people are twisted the work related group is to make you go back to work but you are not looking for a job the whole point of you going to a tribunal is because of that consult a solicitor straight away after winning your appeal they will try to do the same thing again after couple of month. the peace of paper will be given to you by the tribunal is says

    The appeal is allowed
    the decision of the secretary of sate issued on —/—/2012 is set aside
    This is because reg 29 Esa regulations 2008 applies as there would be a substantial risk to this persons physical health if were found not to have limited capability for work

    s price is entitled to employment and support allowance (ESA)

    So keep that peace of paper as your proof so that you can use this against them.

    After word if you have problem say to the benefit people that I want every thing in writing all your policy and regulation others why they are falsely making everything up that you are fit for work even if you have cancer they say you can walk they get cought when you go to tribunal.

    Comment by Anonymous — January 31, 2012 @ 4:48 pm

  120. hey dwp my money finally went in this morning and guess what haha?you couldnt write this.i went in to post office and all the pin machines in every post office in leeds went down.i was able to check balance at atm outside but i only have post office account so will be go back tomorrow and try again and hope the machines are fixed lol.

    Comment by lynnleeds — February 1, 2012 @ 5:59 pm

  121. Hello Lynn.

    It never rains but it pours is the old Russian saying, anyway you won’t get to sleep tonight thinking of the things you can do with that money, try and keep some though because the slimy hand of ATOS will be back, sooner than you think..!!

    Comment by dwpexamination — February 1, 2012 @ 6:19 pm

  122. without a doubt they will indeed.am going to stock up on food too so when that time comes i wont be stuck like last year.

    Comment by lynnleeds — February 1, 2012 @ 6:56 pm

  123. great news on finally getting your monies lynn,i think comments on putting a bit money back is good advice because the onslaught on unfortunate folk is set to get more intense,allways a little easier to fight em with as much back up as you can muster and that includes grub also.

    Comment by larry — February 1, 2012 @ 8:52 pm

  124. hi there forum folks,just dropping a line to let you’s know that i’ve been called in for a personal advisor interview at my local job centre,if its anything like the last one the young lady will ask me what my problems are,and when i explain them to her ,she’ll sit shaking her head and basically ask me why i’m there.i’m currently trying to shake of bad chest infection which has me bring up heavy blood and sputum,this wont be gone by friday thats for sure the asbestos doesnt relent for dwp matters sadly. so when the time comes to bring a big one up from the bowels of my lungs, then i dont give a damn where it go’s all over my back to work help plan hopefully,though i have nothing personal against the personal advisor, i reckon they must be fearing losing their jobs, or falling ill by now, they are certainly seeing the results of these gov policies up close thats for sure. after two successfull appeals it would seem i’m in front of a personal advisor on friday for nothing other than the gov whats to save around five pounds and hopefully kill me off into the bargain!

    Comment by larry — February 8, 2012 @ 8:20 am

  125. Larry…It’s just number crunching, the person that sent your file over to the WFA doesn’t even know what your problems are, you could have Bubonic Plague for all they care..!!

    Comment by dwpexamination — February 8, 2012 @ 9:11 am

  126. I won my tribunal in Oct 2011, haven’t heard from DWP the only correspondence received on 3 occasions to tell me my medical certificate has run so have been forwarding them but reading this blog realised I needn’t have done so for the past 3 months the current one runs out in April.
    Re my backpayments my WRO has called them twice,last time called 10 days ago and was told there is a note on the system and to call back in 2 weeks time.This whole process has had a severe knock on effect on my health,I worked for 36 years due to no fault of mine was made redundant few years ago,I suffer with severe ibs,anxiety,depression and have knee and back problem.To get something back for when you are in need of after contributing all your life DWP/ATOS had made me feel like I am a scounger which made my condition worse.£67.45 a week is all I get no other help, I feel so angry I am nearly 58 and would have carried on working till retirement if I hadn’t been made redundant and became ill due to it all,
    This site has given me lots of courage and will to fight these people.

    Comment by Anonymous — February 16, 2012 @ 4:34 pm

  127. hi can anyone tell me if you dont win a tribunal do you still get the arrears as we have gone into debt owing to not getting all the money my son is supposed to live on, so he could not give me any keep , he has chronic anxiety and social phobia and has been quite bad his tibunal is in march im really worried that he wont get the arrears to be able to catch up with bills.

    Comment by julie — February 24, 2012 @ 5:36 am

  128. Hello Julie.

    First of all Julie I have to ask you are you getting any money while you are waiting for the appeal to be heard ? you should be getting the assessment rate up until now ?.

    So let’s assume you are getting the assessment rate, and god forbid your son loses the appeal then what will happen is that you will receive a letter from the DWP telling you (son) to sign on, there will be no mention of arrears because there will not be any on the other hand you will owe them nothing and will have to make a new claim, do not sign on though because you can re-apply for ESA as long as at least 6 months have passed and there has been a worsening of the claimants condition.

    (ps) I would suggest that losing an appeal would worsen anyone’s condition due to the unwanted extra stress.

    Comment by dwpexamination — February 24, 2012 @ 10:23 am

  129. Hi thank for that information so prompt
    he does get assesment stage money, but not enough to give me any keep as natually he needs some i dont understand why he wont get his arrears as he is on esa at the time of assesment and going to a tribunal we still have to live in that time it seems so unfair, what can i do to improve our chances of passing the tribunal , when we went to the assesment the nurse checked him for physical stufff, even though he was clearly stressed at the time and only gave him 6 points so hence the tribunal, his doctor says he is not fit for work , will it go against us if we mention that my son has tried 3 times to do a collge course to try to get integrated and give him confidence with people, scott had home tutoring from age 14 due to his condition so has no qualifications from school.also you are not allowed to do any education full-time as scott would like to do as he missed out at school i have been up all night worrying about him it affects families too i have been tryng to get over deprssion too and have recently failed my tribunal. feeels like no one wants too help. hope im not going on too much its nice to talk to people who understand talk soon

    Comment by julie — February 24, 2012 @ 11:03 am

  130. Hi Julie.

    It would help at the tribunal if he had a favourable report from his GP, and also some representation for the tribunal like a welfare rights officer.

    To get a report from your/his GP you should contact your local legal advice centre (welfare rights can tell you their addressees) and ask for legal aid, it is means tested, so if you take bank statements it will speed the process, and explain that you would like them to request a medical report from your GP on your sons behalf, the GP will send for your son and give him a full medical check and also give his opinion on your sons health on a medical report, which you will receive a copy from the legal folk, the GP will charge the legal aid board the fee. And when you turn up at the tribunal you can hand the report to the clerk before your son get’s called.

    You have nothing to lose because if the medical report from your GP doesn’t raise a smile on your face then there is nothing in law that says you need to show the tribunal, or even tell them you have a report, they won’t know unless you tell them.

    At the tribunal the Doctor and Judge on there will ask questions like can you (your son) visit new places on his own etc, if your son says he is scared to visit places on his own and would rather not go to the new place, then he should receive points for that especially if he has support on the GPs medical report, there are other similar questions regarding mental health and I can’t help here because it is something you need to think about and get sorted before you go to the tribunal. Bear in mind that any questions from the tribunal will relate to what you/he have put on the ESA 50 questionnaire.

    Comment by dwpexamination — February 24, 2012 @ 2:37 pm

  131. Meant to say, if your son had tried to attend college to gain confidence but couldn’t go because he was afraid of new places on his own etc then as long as it’s the truth and the panel are convinced it’s the truth then it would help in my humble opinion, he has 6 points to start, only 9 points to get, so concentrate on those descriptors he is contending the Physical stuff doesn’t matter to the panel because he is not contending them anyway..!!
    Or is he ? I don’t have enough information to help you more..!!

    Comment by dwpexamination — February 24, 2012 @ 2:43 pm

  132. HI again
    thanks so much for the help, no its just his mental health that they seem to be unable to understand and it has just taken over his life just because someone looks strong it does not always follow that they are, its hard for even scott to explain sometimes and hes the one who is living with it. let you how i get on after the tribunal which is on the 7th of march by the way, still a bit nervous bout the whole thing for scotts sake as well,
    Speak soon watch this space

    Comment by julie — February 24, 2012 @ 8:09 pm

  133. Julie…I hope for a good result, if the worst comes to the worst well there’s always the chance to re-apply for ESA that’s all there is bar signing on for JSA, remember 6 months have to pass since the date he was informed by the DWP that he was fit for work before he can re-apply, and not 6 months from the date of the ATOS assessment.

    Comment by dwpexamination — February 24, 2012 @ 8:33 pm

  134. Hi guys.I won my ESA tribunal on the 14/02 after 9 long months of waiting for it.iI have struggled on assesment rate ESA all this time and with 3 sons it has been an immense struggle I am dishearted to read on her how long it can take for most peoples correct ESA rate and backpay to be paid.I will be only two weeks on tuesday since my decision and it seems I will have to wait a few weeks or perhaps months till iys sorted its so unfair.I have been placed in the support group by the tribunal.Why is there such a delay.The stress and strain of a tribunal is enough and now the worry continues untill they pay you what you are owed.

    Comment by Rozzi — February 25, 2012 @ 1:45 pm

  135. Hello Rozzi.

    Yes it is unfair, and it’s unfair for a reason, you had the audacity to question their judgement, YOU HAD THE ABSOLUTE CHEEK TO DARE APPEAL AGAINST THEIR DECISION TO FIND YOU FIT FOR WORK, and god forbid you actually won your appeal, don’t you realise they have been made to look like incompetent fools ? and now Rozzi they are going to punish you by taking their time in letting you know officially that you have won your appeal, and they are going to take their time in paying you what is rightfully yours.
    I don’t know how long they will take before they get their fingers out their ass and comply, I can only tell you that it took 7 weeks before the bastards informed ME.

    Comment by dwpexamination — February 25, 2012 @ 5:28 pm

  136. I have a feeling that like you my wait is going to run into months rather than weeks and in the meantime I have to continue to struggle like I have done for the past 9 months.The anxiety and stress over the past almost a year has been unbearable and after going to tribunal I thought it would end but it still contnues there is no light at the end of the tunnel with these people cos I have no doubt that the minute my correct ESA payment and back pay is sorted they will have me in for another ATOS medical which I have no doubt they will fail me on and the the whole thing will start again.

    Comment by Rozzi — February 25, 2012 @ 6:51 pm

  137. Rozzi…I won my latest tribunal on the 25th of Novemeber 2011, it was seven weeks before they told me (If you lose an appeal it only takes them a week to inform you) and two weeks ago I received a new ESA 50 questionnaire to be returned by the 7th of March 2012.

    The longer you wait to be informed, I suppose the longer you get to stay on ESA.

    I will return my ESA questionnaire at the end of the month, just a couple of bits to tidy up, of it will go and the whole rigmarole will start again..!!
    Should get called for an interrogation say the middle of March, so that’s a total of four months on ESA, this will be my life until we get rid of these people who do not have a mandate to Govern us.

    Comment by dwpexamination — February 25, 2012 @ 7:19 pm

  138. hi
    forgot to ask where do i find a welfare rights officer and do i have to pay them and wiil they have to know scotts case and what he goes through in order to help us, also the doctor i think will only give me a letter to take to the tribunal which only says the basics about how long he has been going to the doctors and his medication hes on.
    thank you

    Comment by julie — February 27, 2012 @ 4:56 pm

  139. Hello Julie.

    Your nearest city will have a welfare rights office, just look up the number and phone them and ask if they can help with any problems you have, welfare rights is free and payed for by the taxpayer, so is the Citizens advice bureau, phone them as well they may be able to help, if you can get help from welfare rights they will advise what to do next, I suspect they will advise you to inform the DWP to forward your case notes to them, and they will figure out what the best strategy for the tribunal will be.

    You should ask the Doctor to state on the letter a little more than the basics, for instance what his health problems are and how long he has had those health issues, and how they affect his ability to work, that is the main thing the tribunal is interested in, how does his health problems affect his ability to function in a work place.

    Comment by dwpexamination — February 27, 2012 @ 5:10 pm

  140. ok thank you
    Good advice as ever i wiil try and get an more in depth letter talk soon

    Comment by julie — February 27, 2012 @ 8:47 pm

  141. hi there again forum,just on here to say i have had my work advisor interview,and just like last year the young lady who saw me,remebered me from last year, and seemed a little perlplexed at why i was back . after discussing my situation with her about my spine, and problems with the asbestos chest condition, and my depression, hernia and skin condition she was happy that she would only be required to see me once more.i really feel as though i was wasting her proffessional time with 3 million or so out of work a lot with families as well,surely her efforts would best be served by trying to help those folks, rather than a burned out old wheezebag like myself,what waste of precious time and resources.neither myself or the proffessional advisor mentioned could nail down any work or career path i would be able to undertake at this moment in time. but by being in the wag group i suppose i am saving the gov five pound a week and also by continuing to play there silly game i’m keeping other folks in work so its the least i can do i suppose heaven forbid if there aint at least something good coming from all this gov backed persecution!

    Comment by larry — February 27, 2012 @ 10:29 pm

  142. Hi Larry.

    You’ve said it all and answered your own question, the only problem was you had to actually tear yourself away from the comfort of your house, just to go and listen to a load of meaningless drivel..!!

    Comment by dwpexamination — February 27, 2012 @ 11:08 pm

  143. just a questions Guys do you have to be minus a personality or any kind of emotion at all to be a DWP advisor?.Just wondered because whenver I phone they are completley and utterley rude to me.It is bad enough being in the position that you have to be in receipt of benefits in order to live.I feel like screaming this is not my choice i didnt choose to be ill,if it wasnt for the fact i have 3 sons I probably would have give up the ghost ages ago.I am continuing to phone them twice daily untill i get some answers as to when I well be receiving my back pay and correct ESA support group payment.Even though each time I phone they make me feel like the lowest of the low for eving daring to ask them when I will receive the money i am owed.
    I have literally managed on fresh air for the past few months and if i dont get paid v soon I probably wont be able to come online and chat to you guys cos i cant afford this months phone bill so if i disappear you know I how havent been paid.Any suggestions as to how i can hurry this along guys would be gratefully received…..:)…..

    Comment by Anonymous — February 28, 2012 @ 9:35 am

  144. sorry all didnt sign in correctley the previous comment was from me Rozzi…..

    Comment by Rozzi — February 28, 2012 @ 9:36 am

  145. Hello Rozzi.

    The people you were talking to ? the so called advisors ? are nothing of the sort, they are minimum wage muppets, skill less, and the DWP call centre is the only job they can get, they have no past, no present and no future and that is why they are rude.
    I can explain why the DWP decision makers take their time ? it’s because they want you to suffer hardship, they don’t want you to have anything from them that is easy, they are told to do this by the way.
    There is only one thing you can do Rozzi, well there is two things, first is send an e-mail to your Member of Parliament (Google it) and explain politely that you are facing real hardship and can s/he help, if s/he helps you, then you will be paid in at most a couple if days.
    The other is to send a letter to the DWP and explain that you have serious problems surviving and can you help to restore the money they owe, do not mention all the rude calls, just say that you can’t seem to get anywhere with a call etc.

    Comment by dwpexamination — February 28, 2012 @ 10:29 am

  146. HI



    Comment by julie — February 29, 2012 @ 1:05 pm

  147. hi thougt someone might comment on my rant the other day maybe not

    i got the doctors letter but again its mainly the basics although he does agree with me that it would cause scott more stress if he goes on to jsa and looses his tribunal so he signed him off a further 6 months but as we know the tribunal goes over the head of the GP and the CAB said they did have a welfare rights person in the office so looks like im on my own to put scotts case im sticking with the CAB though even when im signing on so i know my rights about everything to do with the JOBCENTRE and DWP they are all more slippery than snakes in grass

    Comment by julie — March 2, 2012 @ 12:10 pm

  148. Hello Julie.

    The tribunal will take in to consideration your GPs report, and that’s good news that he has agreed with you on your sons health issues.
    Stick with the CAB that’s a good idea, anyway remember at the tribunal they will want to know and ask questions on your sons ability to work, not what his illness or health issues.
    Would he be a danger to himself and/or others in the work place ? can he follow simple instructions etc, they all matter, but the truth is the main thing.

    Comment by dwpexamination — March 2, 2012 @ 2:13 pm

  149. just to say i meant the CAB did NOT have a welfare rights person in their office.

    ok thanks for that i am always honest
    but these days it seems to get any where some people get everything if they are not
    let you know if we win after wed 7th

    Comment by julie — March 3, 2012 @ 9:23 pm

  150. Thanks Julie…Let us know and good luck.

    Comment by dwpexamination — March 3, 2012 @ 10:21 pm

  151. Hi all just thought I would keep you all posted.Well three weeks on and still no news from the DWP.NO letter of acknowledgement of my appeal win.NO correct ESA payment and NO backpay.Still im being told the same guff.Im throughly sick of it all now.I have had to send in another sicknote for two months even though I have won and been placed in the support group.I enclosed a letter as well (which was very polite) asking when is this going to get sorted.Im just about at the end of my tether now.How many more people are going through the same thing as me I have literally survived on fresh air for the past 9 months.With a family as well to support it has crippled me.

    Comment by Rozzi — March 5, 2012 @ 3:46 pm

  152. no you dont have to send more sicknotes in once you have won and been placed in a group.write to them and tell them this saying as you know i dont need to supply more sicknotes as i won my tribunal.you only send them up to your tribunal.my good friend dwp told me this .we have all suffered for the last year so totally sympathise.we all been in same boat as you.

    Comment by lynnleeds — March 5, 2012 @ 3:52 pm

  153. Hi I finally got my back payments from Oct 2010, The decesion was made that I passed tribunal in Oct 2011,than last week received a letter from my Jobcentre to attend for an interview on the 12th March, if I don’t attend they will stop my ESA, I am going to hospital for some internal tests on wed and the side-effects might leave me feeling ill for a while so worried what if I cannot go or if I call them they won’t believe me…I am freaking out going to hospital and now this interview, I suffer with severe IBS,anxiety and depression.
    They said in the letter the interview would last up to 1 hour, does anyone know what they would ask and what should I prepare myself for?
    Really worried sick about it, don’t want to go throught the whole appeal/tribunal stuff again….stress of it will set me back even more.

    Comment by Anonymous — March 5, 2012 @ 7:20 pm

  154. Hello Anonymous.

    That’s the whole purpose of the constant merry go round of ATOS assessment then appeal then ATOS assessment, to induce stress and hope we drop out, they say it’s an hour but they want you out of there as quick as possible because they get a bonus for everyone they find fit for work so naturally the more that they can churn out the more money they can earn, with them that’s what it’s all about.

    The type of questions they ask are ridiculous, can you lift your arm to touch the back of your head ?, can you lift a pint of milk ?, then the less obvious questions designed to catch you out like how did you get to the assessment centre ?, answer it wrong and WISSSSH it’s the Russian front. The questions are all basic and all designed to give you zero points.

    If the worst comes to the worst then you can appeal, that’s what I have done over the last three years and that’s what I’m going to keep doing..!!

    You can get all the help you need with an appeal here http://www.dwpexamination.org and there is also plenty of other useful information on there..!

    Comment by dwpexamination — March 5, 2012 @ 7:36 pm

  155. Thank you for your reply dwpexamination……my letter is for interview at the Jobcentre (Employment and Support Allowance Pesonal advisor interview) which I suppose will be followed by ATOS the fake examiners who are there to make people like us feel like we are not worth living despite contributing all our lives working and due to health issues through no fault of ours we are not able to work we are treated like dirt and scoungers.
    Don’t think i am able to go through all that stress again.

    Comment by Anonymous — March 5, 2012 @ 10:10 pm

  156. HI
    thought id share the news cant beleive it
    WE WON THE TRIBUNAL YIPPEEEEEE mind you scott did have a bad panic attack and i did put his case passionately so they must have thought we were honest enough i thought we were not winning at one point
    just waiting for letters and things
    how long should i wait till i chase up arrears
    i feel like i have won the lottery O M G he he

    Comment by julie — March 7, 2012 @ 8:01 pm

  157. That’s great Julie…unfortunately it can take a while before the money is forwarded to the recipients account, it took seven weeks for mine, some are reporting four weeks, patience, the longer you wait the more money goes in.
    Remember they will be back someday, so use the time from now until then into studying your rights, this Government are wanting to take away the funding from the CAB and the welfare rights, so get to know your rights now and be able to defend yourself in the future..!!

    Comment by dwpexamination — March 7, 2012 @ 10:39 pm

  158. sadly julie you hav’nt won the lottery, you’re actually in fact, just at the start of a long hard road for scott and your good self,as are we all, in similar positions. but i’m sure if we all share our experiences,and remain alert as to what is happening legislation wise,and keep ourselves informed as to our legal rights as dwp says above, them i’m sure we can continue to combat these government rogues,who are operating under no other agenda it would seem, other than to grind us into the dirt! we had the misfortune to succumb to nature and develop illnesses,now we must pay for that audacity with a reduced quality of life,whil’st cameron and his ilk continue to try and spit out those silver spoons which are no doubt ruining their lives. poor souls!

    Comment by larry — March 8, 2012 @ 7:41 am

  159. ok guys
    i understand
    i am trying to keep up with my rights as we all know its a minefield
    i/we have to beleive in people in doing the right thing and that we are compassionate towards each other even though they are at most part mean to us
    i treat them how they should treat me with fairness and honesty it does not always work but i do remind them of that when i need to
    this is why we have the C A B too

    i quote from a song

    what ever your circumstances be strong people i will continue to write

    Comment by julie — March 9, 2012 @ 9:57 am

  160. Hi wondered if anyone can answer my question please, i had a medical in february to go from incapacity to E.S.A,my appointment was at 15.10pm but i didnt get seen until 17.10pm, by a nurse. I have Fibromyalgia severe I.B.S spondilitis in neck and spine, and 1 buldging disc in neck and 4 in my back, i also have disc degeneration disease. Nurse appolagised for being so late has they were short staffed, she could see i was in pain. I came outof the room about 17.45pm, by then security was waiting to lock up and go home. I recieved the desicion yesterday that i have been put in the work related E.S.A and have to go for interviews at job centre. Im not fit for work like so many of us, i also gave lots of evidence to prove this. Should i appeal and how do you know what points you have scored, and how do you get a representative could this be a friend. Im just wondering how quick my report was done has the security was closing the building and everyone had gone home. If anyone can help i would be very grateful thanks Jeanette

    Comment by jeanette plester — March 11, 2012 @ 6:37 pm

  161. Hi Jeanette.

    What you need to do is appeal to get in the to support group, and the first thing you do is relax and do everything in stages.

    First stage is to write the DWP a letter, and tell them that you wish to appeal because you believe you should be in the support group, and you need the following : A GL 24 appeal form, and the ATOS ESA 85 assessment report and score sheet, also contact your local welfare rights office or Citizens advice bureau to see if they can help to represent you at the appeal, you can also log in here http://www.dwpexamination.org for help in how to appeal what to say on the appeal and also tell your story, believe me you are not alone out there.
    The ESA 85 and score sheet will tell you what points you scored and you can take action and submit the appeal when you see what they have written first.
    If you appeal for the support group you will not be required to attend work focused interviews. If you win the appeal then any money over and above what they have already paid you that they still owe will be reimbursed.

    Comment by dwpexamination — March 11, 2012 @ 8:05 pm

  162. Hi Guys 4 weeks on now still not a dickie bird from you know who!!..Just waiting for them to open up this morning and im now going to rip strips off them.My welfare rights rep is going nuts as to how long this is all taking.No way has any answers and keeps giving me the same generic amswers.If nothing has been sorted by the end of this week im contacting my local mp.Winning your appeal is just the start your quite right larry.Assesment rate is a joke I have liteally had to decide wether myself and my family have to eat or pay bills over the last 9 months.So when bqckpay does eventually arrive it will be spent clearing everything.Im so fed up and down…….

    Comment by Rozzi — March 12, 2012 @ 7:54 am

  163. I won my Tribunal end of Oct 2011 just rec’d my back payment few weeks ago despite my welfare rights officer chasing it up since.They do take their time when it comes to handing out money they owe us which is contributed by us through our working life.
    I believe they have put me on work related activity programme but had no letters to say so after winning the Tribunal just letter from Jobcentre for the interview.which is later morning.
    Don’t know what to expect really stressing out,have been to hospital wednesday for a procedure which has left me feeling really weak and in constant pain.I have severe IBS,anxiety,depression…..I just feel like I have no fight left in me anymore.
    After working 36 years this is what it comes to you are treated as if you have never worked in your life,if I am able to I wouldn’t be asking for there help,I would rather go out an earn a living than have theses people treat me like this
    To think in my last job I use to deal with my local jobcentre staff who know me quite well but still treat me like I have never worked in my life which really upsets me, and its due to them my company had no contracts and had to make people redundant.
    Sorry about the rant!!!

    Comment by Anonymous — March 12, 2012 @ 8:45 am

  164. Thank you Dwpexamination for your help i will stat appealing today.

    Comment by Anonymous — March 12, 2012 @ 9:38 am

  165. Hello Anonymous and Rozzi.

    The time people have to wait for an acknowledgement of an appeal win is absolutely ridiculous, if you lose an appeal by the way you are informed within a week, it seems the DWP don’t like genuinely ill people winning appeals.
    As for the DWP themselves ? most of them are in for a shock in the future Iain Duncan Smith is planning to sack them when his new reforms are fully implemented, that will wipe the smug smiles of their faces. When they are signing on in the land of no work they will see what its like from the other side ? will you have pity for them ?. I certainly wont..!!

    Comment by dwpexamination — March 12, 2012 @ 9:51 am

  166. Ha ha exactly dwp last time i phoned ranting to see where my money was.I was told that there is only 1 person in wales who deals with working out any arrears and correct pay ments.I find this very difficult to beleive.your quite right as well when I initially failed my medical
    Last june I was contacted within 5 days of the medical and money stopped instantly they certainly had the man power to sort that out.The worst thing is you dont get any answers apart from it is with the decision maker and will be dealt with asap.what good is that I need to know how much i will be receiving and when.anything else is useless They have no compassion these people.whilst typing I have just received a call surprise surprise still not been looked at .Now advising me to call on Friday when it should have been looked At but cant gurantee it.Im fuming but what can I do my hands are tied I advised I had sent in a letter which I was advised to do requesting it get looked at straight away amd he told me this would not be taken into consideration as this would be looked at as queue jumpimg.All they keep saying is because of the high volume of appeals there is this delay,but why are there just large amounts of appeals due to ATOS incompetence.im so mad and frustrated im off for a good cry…….

    Comment by Rozzi — March 12, 2012 @ 10:21 am

  167. Hi Rozzi.

    Not just the medical, I meant the appeal ? when you LOSE an appeal they inform you within a week, presumably from the same person who hasn’t got time because they are so busy.
    It’s the same all over Britain, the reason you don’t get any answers is because the bozo you spoke to on the phone is a low paid numpty who neither knows nor cares, I’ve waited 7 weeks the last time to be officially informed, and before that was a 2 months wait, it’s a scandal, if the public really knew what was going on they would be shocked, unfortunately the public understand nothing of what goes on around them until it happens to them, and this is the mentality we are up against..!!

    I can only come on here and try and help people become aware of what’s in store for them if they don’t wake up, only the other day I met a chap who doesn’t even know that this Government are going to privatise the National health service, he said ‘THEY CAN’T DO THAT’ I gave up, I felt like banging his head of the wall to knock some sense in to him.

    Comment by dwpexamination — March 12, 2012 @ 10:52 am

  168. I know how you feel Rozzi but be strong…..I am leaving in few minutes to face them and absolutly shaking with nervous and anxiety.
    Talking on this site really helps that we are not alone.
    Good luck and hope it gets sorted out soon.

    Comment by Anonymous — March 12, 2012 @ 10:53 am

  169. What a morning I had build up of going to my interview @ Jobcentre, was really not well enough to go as my anxiety,stress levels and IBS was really bad.
    Arriving there 10 minutes before my appointment, I was called in by a very nice lady who wasn’t the person I was meant to see, she could see I was not well….asked me did I have far to come to which Im said my friend brought me here by car…after struggling to sit down she told me the person I was meant to see is not here and might have to wait to see someone else, to which I said I am not well to wait for too long and my IBS is really bad,have cramps in my stomach and been to toilet 6 times and might need to go without any warning due to my symptoms.She said she will re-book me and I won’t be penalised as I had kept my appointment so my benefit won’t be stopped.( as though it was my fault the person who was meant to see me wasn’t there)

    Then she said will see if someone can see you quickly as you are not well enough to wait,went away for few minutes and lead me to this woman who was a customer service advisor.She was a hard faced woman who didn’t even look at me and carried on looking at the screen on her computer as I struggled to sit down.Than she said I don’t deal with this but as you are not well ust go through why you are here and started by saying you have limited capability to get work and we are here to help you get back into work …to which I said I have worked all my life and my last job few years ago I use to deal with clients from here.I explained to her what my condition is as had been to hospital last wed to have a biopsey to which she said you are going this wed to which I said no been last week and have papers with me if she want to see them to which she said no.So she said when do you think you will be better to which I said I have severe IBS,,Anxiety,Stress and Depression so I don’t know its unpredictable to situations…..thought the stress they have caused me is the worst of it all.By which time I was feeling very uncomfortable with my cramps so she said she will book me in to see the advisor in 2 months time and hopefully able to get you back into work.She also said lots of people on sick long term get so use to not going out and into routine so we would like to encourage to get them out and about and have something to look forward to in life.Oh than she said civil servants are recruting at the moment so I should apply for a job there….I felt like saying to her oh hello I am not well and under hospital which part don’t you get.

    I cannot believe these Robots who work there how they get jobs and have no sympathy for others, they will be sitting one day where I was sitting.

    2 months time same old same old again…

    Couldn’t wait to leave those hard faced robots they call advisors.

    Comment by Anonymous — March 13, 2012 @ 10:47 am

  170. Hello Anonymous.

    Thanks for taking the time to let us know how your WFI went, especially when you are not feeling too good.

    This work focused interview stuff is absolute nonsense, it’s all a stunt a gimmick to try and con people in to thinking they are trying to help them, and your right they seem to be an unfeeling bunch as well, both in looks and actions.

    Something to look forward to in life ? forcing ill people out of their sick beds to turn up at dreadful places like that ? that’s something to look forward too is it ?, they must be joking.

    Anyway after seeing you are obviously unwell there’s a good chance they will not call you back, let’s hope so..!!

    Comment by dwpexamination — March 13, 2012 @ 12:17 pm

  171. Thank you for this website dwpexamination….reading other people’s comments and experiences gives each other support that we are not alone, it certainly gives me strength to carry on.

    I have a friend who works for JCP after being made redundant from the company I use to work for, She hates it, as they are not to be friendly with their customers,she is a people’s person…..because of the job climate she cannot afford to quit.Before I became ill and was on jobseeker I had applied for advisors position about 10 times doing online tests,getting pass assessment stage and was put on waiting list for interview stage ….than to be told they are not recruiting anymore so have to reaapply for any future vacancies and go from scratch, so it makes me think some advisors who have been working there for donkeys years would never get the job they are doing now if they have to go through what I had to.

    Glad I didn’t as I would have quit….

    Comment by Anonymous AB — March 13, 2012 @ 1:44 pm

  172. Hello Anonymous.

    An advisors position ? the reason you didn’t get it is because they are forced by law to advertise outside the orgaisation first, the position you applied for was already taken.
    Can’t you see it’s all a scam ?. The only way to get a job with the DWP for instance is if they need bottom line staff, or the complete opposite, a highflier with Government approval, all promotions that are worth doing are advertised for the sake of lip service and settled internally.

    There’s a bullying culture in the DWP, always has been, constant pressure and veiled threats every day.
    Well they chose the job. they know what they are doing to people is wrong, after all they are always telling us there is plenty of jobs out there, well I say go and get one and stop working for the Gestapo.

    DWP workers will get no help from me, they have been abusing myself and others for the last three years, just to stay in their poxy little 7 pound an hour jobs..!!

    Comment by dwpexamination — March 13, 2012 @ 2:48 pm

  173. hi its me
    im just wondering dwpexamination
    how you know so much about the workings of the D W P and JOBCENTRE are you an ex worker of said bodies or are you just a poor put upon soul like us
    its just that sometimes we need to go armed with the right things to say at the various interveiws they tell us to go to
    im having a work focus meeting next week will they really help me or is it alll a con to appear like they are helping us i would like to know as ive not been offered any work for three years now as in the past they have not really helped me
    before i got illl and was on E S A i dont want to get ill again

    Comment by julie — March 13, 2012 @ 8:28 pm

  174. Hello Julie.

    Well let me quickly tell you my story, around three years ago the DWP sent me to ATOS for an assessment, I never thought anything of it, I didn’t know anything about the DWP and to be truthful I didn’t wish to know.
    I walked in there, well I virtually crawled in there, and it never occurred to me that the nurse who examined me would lie on the report, just never even entered my head.

    A few weeks later I received the brown one, and of course you know what it said on there don’t you ?, course you do, I couldn’t believe the lies she told, so I appealed and went to the tribunal and lost.

    I thought the whole world was against me, I thought this was some conspiracy, some kind of plot to make my life a misery, I was made homeless because the DWP never paid me any money, and all this was caused because I didn’t know my rights, I trusted they would do the right thing, but they let me down, the DWP and ATOS made a mistake when they did that to me, they picked on the wrong guy.

    I had an appeal for ESA coming up, the one before was for IB, but this time I studied and learned everything I could about the DWP and ATOS, I found out and learned a lot, and what I found was a cauldron of stinking corruption.

    So I went and won my appeal, got some backdated money, and vowed from then on, I don’t care how long it takes, I will see these bastards in hell, and that means being a thorn in their side, that means helping people to win their appeals, that means no surrender to these people, that means I don’t ask anyone if they are entitled to benefits or not, that’s not my concern, my concern is to help anyone who needs help to fight these people, and that help is free, I don’t want anything in return, giving people help in getting one over these bastards is reward enough for me.

    It would have been simpler if these idiots had just left me alone wouldn’t it ? but now I don’t care if they leave me alone, I will still fight them, every single day I get up and I think about how much I hate them.


    Anyway, your question, will they help you to get a job ?, the truth is there is no jobs and at the moment anyway they can’t help, if there were jobs though then they would help you get one, even if it’s just to stop you claiming benefits..!!

    Comment by dwpexamination — March 13, 2012 @ 9:47 pm

  175. ok dwexamination thank you im sorry you had to go through all of that
    keep up the fight
    i just found out that i only just got £67 last friday when i should have got the usual £135 per fornight to keep me ,scott and my daughter

    (when she comes back home at the weekend from uni for easter holidays no were not rich she has all the loans ect so she will have a debt when she fininshes uni) not to mention i have to feed and keep her as well as pay billl electric,gas food clothes if we need it all this on £67

    and why did i not get the rest of MY money because they would not allow the backdated money from my tribunal day welll i wasnt told to apply for J S A straight away i thought it was done automatically as i had just been to a court and now i have write to them to reconsider why i did not do it straight away
    Yeah you are right they are B’#”###!!

    have u considered printing off these comments and taking it to your MP so they know what peopler go through would i get into trouble if i do it

    having some trouble typing this it wont let me sometimes are they on to us

    t peple go through just to live

    now hve to write to them to get them to reconsider why i did not do it straight away to ask for MY MONEY

    Comment by julie — March 14, 2012 @ 12:55 pm

  176. oh i forgot to say im going to the C A B tomorow mornig about that and much more stuff
    they wiii get fed up with me COS im alawys there lately
    but like you i dont care anymore sad to say
    keep you posted

    Comment by julie — March 14, 2012 @ 1:43 pm

  177. Hello Julie.

    The simple and honest answer is you didn’t know your rights, you weren’t even told about the assessment rate whilst appealing were you.
    This is what I mean Julie they tell you nothing, you are supposed to know all the rules, flippen hell the DWP workers themselves don’t even know all the rules so how do they expect us to know.
    If I were you I would invest some time in contacting the CAB or Welfare rights on what to put on that letter because it’s best you get it right, everything may depend on what you say on there, a phone call for an appointment to your nearest welfare rights office may bring some luck, give it a go before you write to the DWP, and from now on everything you do regarding these charlatans make sure you visit the forum http://www.dwpexamination.org and ask someone before you do anything that’s important.

    (PS) I’ve just noticed you are going to the CAB, that’s the best thing to do, you need to get it right..!!

    Comment by dwpexamination — March 14, 2012 @ 3:55 pm

  178. Hi dwpexamination does your money change when you appeal, ive gone from incapacity benefit to esa work related if i appeal do they stop some money , Im on income related and was thinking of appealing.Also do they make you go back to work and how long does one have on this benefit thanks hope you or someone can help.

    Comment by Anonymous — March 14, 2012 @ 4:30 pm

  179. Hello Anonymous.

    I take it you have been transferred from IB to ESA is this without having to endure an ATOS functional assessment ?.

    Comment by dwpexamination — March 14, 2012 @ 4:40 pm

  180. Hi no i had a medical gave lots of evidence about my illness and got a letter to say i have been put in the work related group,
    and i will start having interviews with job centre. The letter says how much i will get thats all and ways i can appeal or ask them to look again at my claim. .My friend is disabled and said i can claim to care for her, but im so ill myself she was just trying to stop me having to be put in work i can not manage. Thanks dwpexaminer some things are so hard to understand like so many of us you dont expect to be sent back to work, its such a shock and they certainly dont tell you whats going to happen next, he they make things so hard to understand that you miss things.

    Comment by Anonymous — March 14, 2012 @ 5:12 pm

  181. Hello Anonymous.

    First of all i need to try and explain what a WFI is, it means you attend an interview to see what kind of work you could do in the future and how they can help, they cannot force you to take a job.
    The interview I went to lasted around twenty minutes and I was asked what work I had done before and other basic stuff, that was it really, the work focused advisor told me I could do 16 hours of paid work a week without it affecting my benefits, but the stipulation is I have to tell them that I was working 16 hours a week etc. She also informed me if I so wished I could do voluntary work when I felt better, but again if I do then I need to tell them this, I was also told I could claim £40 a week if I started a job etc.
    As you can see. it’s more informative than anything else, if there was lots of work out there for us to apply for then I’m sure these WFIs would be much heavier.

    Comment by dwpexamination — March 14, 2012 @ 5:31 pm

  182. Hello Anonymous.

    Since they are going to transfer everyone from IB to ESA anyway then being put on to the WRAG in ESA is better than what most folk get, which is transferred to nothing and told they have zero points and therefore fit for work so go and sign on etc.

    Comment by dwpexamination — March 14, 2012 @ 5:34 pm

  183. ok dwpexamination

    i willl get help with the letter thanks for now

    keep you posted

    Comment by julie — March 14, 2012 @ 11:24 pm

  184. Hi dwp and all heres the latest phone call at just after 9 this morning.DM adviaed has spoken to office dealing with my file.file has been pulled for today to get authorised and calculation of arrears done.she doesnt know figure yet but advised to call lae this afternoon when file updated advised all monies would be in my account for tuesay.Im spectical to beleive all this till i actually see that my account has been credited.will keep you all updated as to the outcome.Thanks DWP for all your encouragement and advise you have been great….

    Comment by Rozzi — March 15, 2012 @ 10:31 am

  185. Hi all confirmation now placed in correct support group.calculations been done money released will be in my accou t tuesday.totally drained now from it all im off for a cuppa.xxxxx

    Comment by Rozzi — March 15, 2012 @ 12:00 pm

  186. Hi Rozzi.

    Great news, and shows persistence pays..!!

    Comment by dwpexamination — March 15, 2012 @ 1:17 pm

  187. Hi have been reading your site for a while now and have got some good advice. ihave Cerebral palsy spastic diplegia and back spasms i am 59 yrs old. i was found to be of not of limited caperbility by the so called “DOCTOR” I WON MY CASE LAST WEDNESDAY. i have a sick note till the end of july but today i got a letter saying i have to go to the job centure on the 5th of april and to see the atos quack again in june, do i still have to go before my sick note runs out? the letter says i do not need any more sick notes. many thanks Clive.

    Comment by clive — March 16, 2012 @ 1:06 pm

  188. Hello Clive.

    Yes I remember you, well at least your name.

    Are you saying Clive you won a tribunal last Wednesday and you already know you are going to have an ATOS assessment in June ? for that to happen then you would have to have already filled in an ESA 50 Questionaire.

    If you were placed in the WRAG then it’s true they can call you to the Job centre for an interview on how they can help you back to work, and because you have won an appeal then you do not need to send in sick notes.

    ATOS can call you anytime they please, doesn’t matter if you have a sick note for ten years, whether you have a sick note or not is irrelevant to ATOS healthcare.

    Comment by dwpexamination — March 16, 2012 @ 1:27 pm

  189. Hello Claudia.

    If you do win the appeal then you are entitled to Employment support allowance in your case most likely the Work related activity group (WRAG)
    this means you will get £90 plus a week payable every two weeks, most of your rent and council tax will be paid, there will be a small portion of your benefit to pay for your rent and varies from person to person depending on how much their rent is etc. While you wait for the appeal date you will be entitled to what’s called the Assessment rate, this is the same money as Job seekers allowance which is around £65 a week plus help with your rent and council tax etc. And if you win the appeal then you can see the difference between the full rate of ESA and the assessment rate of ESA is around £30 a week and will all be refunded in to your account, this is what I mean when I said that it can build up to a thousand pounds or more, because it can take around 9 months for an appeal to be heard, so do the arithmetic and you can see it is worth the wait if you win. I you lose then you pay them nothing, you just start the whole process again in applying for ESA.

    After a period of time on ESA you will receive another ESA 50 Questionnaire from ATOS healthcare which you will need to fill in ans send on to them, they will most likely call you for another assessment of your ability to work and it’s almost certain you will be found fit for work and have to appeal again.
    This will go on and on ad absurdum, and you keep applying for ESA and then appealing and applying for ESA appealing ans so on.

    But what happens if you lose the appeal ? then you apply for ESA again, and you can do this because the two stipulations they demand are that six months have to pass when you were informed by the DWP that you were fit for work before you can re-apply, and also there has to be a worsening of your health condition or a new health condition. If you can meet these two conditions then you can re-apply for ever.

    Now this placed in the WRAG business ? it just means that you can be called to be interviewed by a Work focused advisor (WFI) and asked what help you may need in getting back in to work when you feel better, questions they ask are ”Have you a driving licence ? When did you last have a job ? What did you work at and for how long ? also you could be told that if you start a job you will be entitled to an extra £40 a week on top of your wages for a while to help you etc. They cannot force you to take a job though, but they will advise that if you take a part time job up to 16 hours a week then you can do it without it affecting your benefits, but they will tell you that under no circumstances can you do this without telling them you are doing it. They are quite strict about that and if caught well it’s not good news, I’m not suggesting you would do it or could do it, I’m just making you aware that they view that as very serious indeed if caught.

    You asked about a GP ? well as I said you really need a GP and you can get help from a legal advice centre in applying for legal aid to pay for a medical report from your GP so if you have a GP by now then good if you haven’t then get one as soon as possible as the CAB have already said it doesn’t look good at a tribunal that you can’t even be bothered to get yourself a free Doctor, it makes it look as if you don’t need medical help, so if you want to get money to survive then at least make it look as if you are trying to get better.

    I’ve never seen a DWP letter saying send us a ”medical statement” before, so I have to presume it means a sick note from your GP, if you appeal then this is one of their stipulations, they will pay you nothing until they get a sick note, when it expires then just get another one and so on, if you win your appeal then you do not need to send in a sick note.

    As for this plonker of a Doctor you encountered in the United States, let me tell you something about him ? I don’t even need to know him, he is a quack and probably wouldn’t last ten minutes over here before he was found out. He and all his other brainwashed brethren hate the British NHS they know nothing about it because they don’t want to know anything about it, all they see is a Health service similar to Cuba, this twit of a Doctor thinks it is a free health service, well it is up to a point, but it is paid for by the British taxpayer and so is not free, and anyone can get medical help, yes anyone, they don’t ask you for your credit card first then dump you at the side of the road if you don’t have one, this is where your fellow Countrymen are losing out, they are totally brainwashed in to believing their Government is the best and loved all over the world, what most Americans don’t realise is the majority of the people in the world just want to get on with their lives without interference from Bullies like Bush and that other idiot Putin the Russian.
    Sorry if this offends you but it’s the truth. And I would tell this moron who injected your back and has the audacity to slag us off, I will remind him that his Country rant on about democracy and freedom and at the same time some Black Americans are getting treated like dirt. Sorry but he etitomises everything about America that’s hated all over the world, as I said, and I don’t know him personally and as I said I don’t need to know him, I’ve already met (his type) him before, just opens his big mouth and lets his belly rumble. A COULD CRUSH A GRAPE CLAUDIA, WHEN A GET STARTED…LOL.
    Anyway…Good luck.

    Comment by dwpexamination — March 16, 2012 @ 4:53 pm

  190. Thanks for your reply,i just re read the letter(3 in 2 days) it says “future assessments” my case is due for rereview on the 13/06/2012 they may contact me sooner. to see if being a 59 yr old spastic i will have got better. i went to the tribunal with my sister, i had to represent myself, the Judge and Doctor were very nice men, i got the impession that they are fed up with all this crap. as they asked me how the so called “Dr” had so many things wrong. i would love to tell you all about the sham medical and all but it would take me too long.
    So i will go to the job centure on 5 April, to see what special work i can do. Although i have been disabled all my my life i have been quite successfull. so i will resent talking to some one at the job centure on how to work. this is just vindictive. i will not and can not ever get better. id love to know how much it has cost to say “yes this man has a disability” but im sure now they will never give in and say “leave him alone”
    thanks again Clive

    Comment by clive — March 16, 2012 @ 6:55 pm

  191. Hello Clive.

    They review everyone, that’s part of the crap we have to put up with for the moment, maybe one day it will change but it doesn’t look likely at least until we get rid of this present Government, did you see on the news, Osbourne is going to give the super rich a tax break when he announces the budget, and it’s folk like the disabled and ill who are paying for it.
    Anyway this 5th of April WFI ? what happens is the Work focused advisor (Don’t laugh) will ask you a bunch of questions like : What have you worked at before ?, and how long did you do that job ?, do you have a driving licence ? are you aware that if you start a job you can claim an extra £40 a week on top of your wages ?, Are you aslo aware that you can work up to 16 hours a week without your benfits being affected ? and so on and on.
    Don’t forget to tune in to the forum http://www.dwpexamination.org you can turn on, but don’t drop out..!!
    The Judges and DRs at these tribunals must be fed up, no human being could possibly sit day after day after day reading the crap ATOS write on their reports, there comes a time when one would say to oneself this is absolute bollocks.

    Comment by dwpexamination — March 16, 2012 @ 9:14 pm

  192. Hi and thanks for the tips on the questions, they will really piss me off. i took out a mortguage in 1983 and i payed it off in 1989. not bad for a spastic i think. ( just banging my own drum) thats why i know i will hate this INTERVIEW. should i just play the idiot? or tell them i worked 45 hours a week for 25p an hour when i was 15? (im sure you know that 25p is 5 bob and a pint iwas 1/10) thanks again Clive

    Comment by clive — March 16, 2012 @ 9:30 pm

  193. Clive old bean.

    When you attend your first ever Work focused interview, you will make DOUBLY sure that you are, in actions and looks the most stupidest bastard that ever lived..!!
    He/She will be desperate to get you out the door as soon as possible..!! LOL.

    Comment by dwpexamination — March 16, 2012 @ 10:39 pm

  194. Thanks for that, i just been coughing my lungs out laughing, that is the way i intened to go. should i i take a diazapam tablet first? i sound like a spastic when i do. joking aside i shouldnt have to go through this. even my Dr said your knakerd. ive worked bloody hard all my life, i payed more tax than many people, my poor Dad was in the army from 1935 to 1946 from dunkierk to berliln, he will be turning in his grave. . Clive

    Comment by clive — March 16, 2012 @ 11:08 pm

  195. hi dwp
    well i went to the C A B about not getting my money for one week cos of not signing on straight away after my tribunal to go on JSA she confirmed that i should have done it so its my fault naturally ho hum
    even though i didnt know what to next after the tribunal no-one said anything they just gave me the tribunal letter of failure and i went home she gave me a form to appeal against it for me to fill in im not sure what i should put on it i know what i would like to say ha ha
    any advice

    Comment by julie — March 17, 2012 @ 2:00 pm

  196. Hello Julie.

    Instead of signing on you could have (and still can) re-apply for ESA, as long as six months have passed when the DWP told you that you were fit for work (this applies because it was more than six months wait for the tribunal) there is one other stipulation when you re-apply for ESA which is there must be a deterioration of your present illness or a new medical condition.
    You need help Julie, don’t mess around, if you are keen on helping yourself then think up a username and go to the forum http://www.dwpexamination.org and ask any questions you like they will help you on to the correct road, also keep in contact with the CAB as well.

    Comment by dwpexamination — March 17, 2012 @ 2:31 pm

  197. hi yeah ok dwpexamination

    are you changing this forum cos i accidentally went to another site
    is the blacktriangle thing a new one we can talk and get advice on im a bit confused although i find this one easier to write on or do i need to go on the one above you said about i have taken the advice into account from above

    Comment by julie — March 18, 2012 @ 12:04 am

  198. Hi Julie.

    Yes this is the Blog, the forum allied to us is http://www.dwpexamination.org you can talk and get help on either of them, the forum has plenty of ESA victims you can relate too.

    This Blog is run by Joe and Nelson only, and we administer the Forum as well. The Blog is called dwpexamination because Nelson figured that would be the most likely keyboard entry for people needing help to fight ATOS/DWP. That is something with DWPEXAMINATION in it, rather than something saying ATOS which more often than not leads to official ATOS healthcare sites that no one is interested in.

    We believe in free expression for DWP/ATOS victims and as long as the commentator/poster isn’t a troll then we are fine with people being angry etc, we were once angry about the system ourselves but through time the anger leaves and cold logic takes over.

    This Blog was started by the way because far to many people were getting their rights abused by ATOS and the DWP, we thought that we should help to try and even the odds a little bit, here and the forum later on.

    Comment by dwpexamination — March 18, 2012 @ 1:43 am

  199. ok dwp thanks for that info
    but you didnt say what i can put on my form to get my money back

    because it seems even if i say what happened when i left the tibunal, that they did not tell me to go and sign onto jsa straight away it may go against me even though its the truth

    they dont worrry about people not having any money to live on, even though when they send you letters from the D W P it always states that this is the money i should be liviing on by law (thats a laugh)
    i need to get this one weeks money back at least, cos by they said i should be living on it

    Comment by julie — March 18, 2012 @ 3:57 pm

  200. Hi Julie.

    Have you already signed on ? even though you lost the appeal you can re-apply for ESA.

    Remember if you have signed on you need to sign a form saying you are fit for work ? how bad is your health issues ? are you only signing on because you believed there was nothing else you could do to get money ?.

    Suppose for arguments sake you have decided you want to sign on for work, why not say on the appeal form the truth, you didn’t know you were allowed to sign on but you thought (someone said on the phone from the DWP) you were forced to apply for ESA which is some thing I didn’t feel I wanted to do because my circumstances have changed for the better and wish to start getting help back in to work. Saying that will almost certainly get you all your money backdated, because they want everyone of sickness benefits.

    On the other hand, you might not want to do that, you might not be interested in getting back to work because your illness hasn’t improved but has got worse so instead you may re-apply for ESA again.

    What I’m saying is I don’t know what you want to do, you have to make up your mind which way you want to go, because it doesn’t look good to the DWP if you yourself can’t decide.

    So if you want to re-apply for ESA then get the necessary form and fill it in, from the date you lost the appeal, or the date the DWP informed you that you have lost the appeal and therefore are no longer entitled to Employment Support allowance. Which leaves the problem what to say, I suppose you could say something like
    ”I have to inform you that there has been a worsening of my health (Insert what it is) and is the reason why I must re-apply for Employment and support allowance, I was hoping for an improvement in my health but unfortunately my health issues have got worse instead of better, please find enclosed a sick note from my GP to cover me for three months, when the note expires I will seek my GPs advice on whether he will allow me to sign on or remain on ESA.

    You are not guaranteed BACKDATED all the money they owe you but at least you can start the ball rolling for ESA.

    This is what happens when you don’t know your rights, you end up in sticky situations that are difficult to handle, so can I suggest you study up on the DWPs ways of working ?, because they will tell you nothing and I mean nothing, you have to find out everything for yourself.

    Comment by dwpexamination — March 18, 2012 @ 5:15 pm

  201. hello again julie, just dropping a quick line with reference to dwp’s last statement,he is spot on .you are entitled to the money,you need the money,but the government will move heaven and earth to find a reason not to give you it.so like we all need to do in times of war,and this is indeed now a social war,a war to defend long established rights and levels of social decency,you need julie, to become battle hardened as quick as you can,because you’re on the front line now and by god they mean to shoot you down,but no worries dwp, and myself and ,thousands if not millions of others are alongside you ,and we aint going anywhere,i just wish the government would get that through their heads!

    Comment by larry — March 18, 2012 @ 6:23 pm

  202. hi dwp and larry
    i feel better enough now to sign back on and start looking for work now its not that im worrried about that
    its the government doing me out of the money i should be living on by law im off to my first work focus interview this thursday that should be fun as in the past they havent heiped me at all
    im not very battle hardened im tired of fighting all the time and not get anywhere and they use any excuse to stop your money

    Comment by julie — March 19, 2012 @ 11:14 am

  203. Hello Julie.

    Since you want to try and recover any money the owe you in a backdate then of course it’s not a good idea to say it’s all their fault EVEN THOUGH IT’S TRUE, maybe it’s best just to say that you have been making an effort to get work ready (true) and weren’t too sure if your GP was really going to sign you off or not, and by luck he has allowed me to start looking for work, something along that line will give you the best chance of recouping your money.

    Roughly the same as my answer (Below) yesterday.

    Suppose for arguments sake you have decided you want to sign on for work, why not say on the appeal form the truth, you didn’t know you were allowed to sign on but you thought (someone said on the phone from the DWP) you were forced to apply for ESA which is some thing I didn’t feel I wanted to do because my circumstances have changed for the better and wish to start getting help back in to work. Saying that will almost certainly get you all your money backdated, because they want everyone of sickness benefits.

    Comment by dwpexamination — March 19, 2012 @ 11:25 am

  204. I had my money stopped in 2010 after failing my medical, I finally had my appeal on the 9th March 2012 and i won my extra points i needed. It has been 2 weeks since I won but not received anything yet from DWP and it is doing my head in, Welfare Rights are very good as that’s who i had representing me. Does anyone know how long it takes for the backdated money to get sorted?? Or is it best to contact them.

    Comment by Christine Dodd — March 22, 2012 @ 11:29 am

  205. Hello Christine.

    I have bad news and good news, the bad news is it’s possible to have to wait up to 8 weeks or longer before they decide to get their finger out and put right the wrong they have caused you, I personally have waited 7 weeks and another occasion it was 8 weeks, other people have reported quicker, I’ve been told sending the DWP a copy (Never originals with these people) of your tribunal statement with a letter explaining your appeal was upheld in your favour can sometimes work, but don’t bank on it Christine.

    As for the good news well that’s obvious, for every week that passes, the more money they owe you and the more money that will be going in to your account.

    You need to try and develop an excruciating patience when your dealing with the most incompetent Government organisation ever, corresponding with the DWP is absolutely soul destroying, and is meant to be.

    Apparently each office have assigned only one person to deal with appeal tribunal winners, but I’ve noticed for those unfortunates who lose an appeal, the wait is less stressful, they can tell you within a week that you have lost your appeal and now your 100 % fit and should sign on immediately.

    Comment by dwpexamination — March 22, 2012 @ 12:14 pm

  206. hi dwp
    just thought i would up date you
    just sent off the appeal form to try and get my one weeks money they stopped cos i did not sign on straight after my tribunal

    went to my work focus interveiw
    all they do is tell you what help you can get while applying for work they didnt tell me about any of it when i first got unemployed
    makes me cross where was the help then
    after i year unemployed help should kick in for everone
    i hope this is for the better watch this space

    Comment by julie — March 23, 2012 @ 4:26 pm

  207. Cheers Julie…Hope you get your money..!!

    Comment by dwpexamination — March 23, 2012 @ 6:56 pm

  208. I can’t sleep, in fact I’ quite dazed at he moment bu can’t sleep due to stress. plus I,ve had some sleep in the day. I have a tribunal i a couple of days time. I scored NIL points. I have lower limb problems that are verified by the doctor and a physio report. I am on strong painkillers hat mke me feel lathalgic and sleepy and he medication directly affects my day to day activities. I have contested virually everything in the Medical Report and went point by point which Physical Desriptors applied to me. Both CAB and Law Centre believe I should have been awarded a minimum of 35-36 points. I am worried about the quesioning at the tribunal and the type of questions they will ask?

    Comment by Jenny — March 27, 2012 @ 11:18 pm

  209. Hi Jenny.

    The questions they ask are directed at your ability to work, so called functional assessment questions, like how far can you walk, or (Anything that relates to your particular illness) how long can you stand etc, and they ask the basic reasons why you can’t. They are not interested in your illness/s or any pain you have as such but more why they prevent you from working.

    Comment by dwpexamination — March 28, 2012 @ 12:07 am

  210. Thank you for that but the Doctors letter clearly explains that due to the strong medication, I may feel drowsy and forgetful. he also explains on my bad days that I would even be restricted to less than 50 meters. In fact I fall asleep quite a bit during the day probably because of the codine in my tablets and have now become use to irregular sleeping patterns and having faily dipsy days. I was specifically asking about the type of things the doctor may make me do in court and specific questions they may ask. As you can tell, i’m really stressed and exhausted with i all.

    Comment by Jenny — March 28, 2012 @ 10:02 am

  211. Need to ask on behalf of someone who hasn’t got access to computer, if they have won the tribunal and received the back payment would that money be counted as savings if they have savings over £6000 but under £16,000 ……as the back payment has gone into their current account not the savings account.Does anyone know? would be very helpful.
    Thanks in advance.

    Comment by Anonymous AB — April 5, 2012 @ 10:30 am

  212. Hello Anonymous.

    I would say it does, even a penny over the £6000 would be over the limit, the Government don’t want anyone on benefits to save or have any kind of money over what they give you to survive, saving money is not encouraged and going over the limit without declaring it can have serious consequences and here’s the proof (see link below) £22, 000 ? OK an extreme example, but shows they just don’t want you to save any cash, and if they decide then they can make life very difficult for your friend if they wish, just a simple midas check and before you know it you are attending interviews to explain why you didn’t tell them about that extra cash which put you over the limit, of course if you do declare it then I think you may find your rent rebate or council tax rebate is affected or some other punishment for daring to have some spare cash.
    Please contact a local welfare rights office or CAB, even a legal advice centre who deals with benefits, there’s plenty in the phone book, get professional advice and keep your friend on the right road..!!


    Comment by dwpexamination — April 5, 2012 @ 11:48 am

  213. Hi ive just got home from my first WRAG meeting at JC+ the guy seemed embarrassed and said he thought i should be in the support group.

    Comment by clive — April 5, 2012 @ 2:29 pm

  214. Hello Clive.

    It just goes to show these so called work focused advisors haven’t got a clue what’s going on, just going through the motions day in day out and totally clueless to everything that’s going on around them..!!

    Comment by dwpexamination — April 5, 2012 @ 4:04 pm

  215. Yes i got that impession too, i did tell him that they will find me fit for work again. he couldnt belive it when i told him i got no points for my walking (cerebral palsy both legs)
    Any way he said he was sure id pass the next assessment and he will see me again after that.

    Comment by clive — April 5, 2012 @ 4:14 pm

  216. Hello Clive.

    He’s sure you will pass your next assessment is he ? he’s having a laugh mate..!!

    Comment by dwpexamination — April 5, 2012 @ 5:36 pm

  217. I know, i told him that i WILL FAIL again. he said but you have more evedence now and the tribunal win. i said he (quack) wouldnt look at anthing i took with me last time.

    Comment by clive — April 5, 2012 @ 7:35 pm

  218. Hi Clive.

    Just shows how much the so called WFA knows, he probably does think they will look at your new evidence, and he obviously doesn’t know that tribunal wins mean nothing to ATOS, he is living in cloud cuckoo land, and this numbskull is supposed to help you back in to work ?.


    Comment by dwpexamination — April 5, 2012 @ 9:55 pm

  219. my name is john i need some advice was claming esa from 2009 because i have crohn’s disease realted arthritis stressful illness alway losing Weight from 62kg to 46kg and also joints pain lost of Appetite since then i was giving sick notes from the doctor and in 2011 iwas sent a medical assessment form i fill the form and sent it back then i was asked to go for a medical assessment the person did’nt look at my my illness only looking for bodily function
    and the main thing i suffer from is pain in my joints, abdominal pain and weight loss after 2 weeks i was sent paperwork saying i scored 0 and iam fit for for work then i appeal against the decision and went to the tribunal was asked question a told them everthing i suffer from and provided Evidence of my diagnosis after i won the Appeal so i did not need to sen a sick note any more then in 2012 i was sent a esa50 again i refuses to send it back then after 4 weeks my money was stopped i was told to make a new claim so i want know do i again need to send a sick note if you can help thank you

    Comment by Anonymous — April 14, 2012 @ 4:36 pm

  220. After 8 months of depressing fighting and ONLY 4 weeks since my tribunal win and 1 week after JC+ meeting. i went to stay with a friend for a few days i came home happy feeling better, and today i got a f$%^ing EAS 50. i feel so depressed now. thats it im going to see to bloody M.P. now.

    Comment by clive — April 14, 2012 @ 4:49 pm

  221. ATOS are recalling people as and when they see fit, your refusal was a gift to them because you played directly into their hands by refusing to comply. You should have completed the form in exactly the same way as you did your last and if you are worse, said so. I know I sound abrupt but these people have no compassion for us whatsoever. I would contact your welfare rights officer and seek guidance on this situation. Keep me posted


    Comment by dwpexamination — April 14, 2012 @ 7:00 pm

  222. Clive. please complete the form and send it back a couple of days before the deadline. You won at tribunal once you can do it again. Do not give in ATOS are recalling people as and when they see fit, its a disgrace.

    Comment by dwpexamination — April 14, 2012 @ 7:01 pm

  223. Hi im seeing my MP tomorow. what points should i make? i will go on about retesting ppl with degnerative problems though.Clive

    Comment by Clive — April 19, 2012 @ 1:45 pm

  224. hi can anyone help

    i have been claming esa for more then 3 years because i was Diagnosed with Crohn’s disease with realted artritas i gave sick notes from the doctor for 3years and last year i want for a medical and was given 0 points and i appealed and won and was given more money then i didnt need to send any more sicknotes now because of a esa50 questionnaie form that was lost on the post 4 times the closed my claim then i made a new claim i was sent a clam from for esa that was also lost now they are say we canot pay you allowance this is becausewe have appealed to the social security commissioners against the decision made by the indepdent tribunal i need some advice i got evedence of my illness and all the paper work and medcine i take i lost weight from 62kg now i weigh only 42kg they are evil puting my health at risk.

    Comment by Anonymous — May 10, 2012 @ 7:41 pm

  225. Hello Anonymous.

    You need to get legal help as soon as possible, there’s a couple of organisations you can contact to get advice, first of all in every City there are legal advice centres, these advice centres give you help as long as you are entitled to legal aid (Legal help) look up the phone book and phone one of them up.
    Alternatively you can contact your nearest welfare rights or CAB, and ask them to give you advice on the best way forward.
    But I have to ask you, surely you didn’t appeal on your own without professional help ?.

    Comment by dwpexamination — May 10, 2012 @ 8:34 pm

  226. i appealed on my own without help from anyone just filled in a gl24 form i need to do the same this time again if i go to the tribunal with my paper work they can see my evidence because i found out why the tribunal allowed my appeal before because of the Reg 29 Esa regulation 2008 applies as there would be a substantial risk to his physical healt if were found not to have limited capability for work many people dont know that you have the right this a new regulation Act i got one month to appeal

    Comment by Anonymous — May 11, 2012 @ 2:12 pm

  227. Anonymous…They don’t tell you about the special circumstances rule, well done..!!

    Comment by dwpexamination — May 11, 2012 @ 3:55 pm

  228. Hi i have got the LIMA computer manual. have you seen it?

    Comment by Clive — May 11, 2012 @ 4:01 pm

  229. Hello Clive.

    We have just seen some screen shots really and some mutterings to the HCP on what to enter on the ESA 85, I would be obliged if you went to the links page on the forum http://www.dwpexamination.org and entered it there, some of the members have IT experience and would surely be interested.

    Comment by dwpexamination — May 13, 2012 @ 9:48 am

  230. Hello I have loged in on the other site and posted it under topics as LIMA. i hope it can be turned into an easy form to read and pass around.

    Comment by clive — May 13, 2012 @ 11:54 am

  231. Ah Dr Mengale I presume…LOL.

    Comment by dwpexamination — May 13, 2012 @ 6:13 pm

  232. Thats me. I hope that you fined it useful as its very clear to read.

    Comment by clive — May 13, 2012 @ 6:40 pm

  233. Cheers Clive..!!

    Comment by dwpexamination — May 13, 2012 @ 7:52 pm

  234. My Atos report was riddled with errors (lies) and I received 0 points. I lodged an appeal with the DWP and I also complained directly to Atos about the erroneous report and the nurse who did my assessment. Several weeks later I received a letter fom Atos admitting the report was not completed to their usual standard (although I believe this IS their usual standard!) and that there was not enough evidence given by the nurse to support the chosen descriptors. They did not, of course, admit there were actual lies within the report! They sent a copy of the letter to the DWP who subsequently reversed their decision without the need for an appeal.

    At least three of the errors in the report were glaringly obvious and should have easily been spotted by the decision maker if they had been looking at my ESA50 (which they are supposed to do) in conjunction with the report. At the very least they should have queried as to how the healthcare proffessional had arrived at that decision given the lack of evidence they provided. In light of this I have also lodged a complaint about the decision maker. Because the nurse made so many errors she is incompetent, or they were not errors therefore she is not incompetent but she did not act with honesty and integrity. The Nursing and Midwifery Council states that Nurses must act with honesty and integrity I have therefore reported the nurse who did my assessment and the case is being investigated.

    My advice to anyone who receives a report which is full of errors and/or omissions is obviously to appeal but also complain directly to Atos. Anyone can make a mistake or two but if your report is full of them and the HCP has obviously lied (not a “grey” area but an obvious untruth) or there are lots of atcual errors (in which case they are incompetent) then report them to their governing body. You never know if Atos get enough valid complaints and the GMC etc are getting bombarded with complaints something just might happen!

    Good luck all

    Comment by Norma Roberts — May 16, 2012 @ 9:26 pm

  235. Well done Norma, if everyone was like you and the people on the forum then maybe we wouldn’t be in this mess…www.dwpexamination.org

    Comment by dwpexamination — May 17, 2012 @ 5:45 am

  236. First of all I’d like to thank everyone for their contributions and for all the encouraging advice. If only I’d known about this site earlier, I’m sure it would have halved my stress levels of the past 6 months. Yesterday I won an appeal after Atos awarding me 0 points. I suffer from depression and panic attacks so you can imagine how I’ve been affected by all this. The day before my Tribunal I went to Welfare Rights and was encouraged to emphasise 3 particular descriptors. Fantastic advise of course which turned 0 points into 21.

    I am heartened by the rallying cries and in it togetherness of you wonderful fellow sufferers, but also disheartened by the reality of the fact that DWP are in no hurry to backdate the money I’m due. The Judge on handing me the decision notice said that I will be reinstated back to what I was on before and I needn’t do anything. I got a letter this morning from the JC saying my sick note was due to run out and I need to send in another medical certificate by 23 May. If I understand the negative reports I’ve been reading correctly, would It be stupid of me to ignore this request and hope the various departments of DWP and JC communicate to each other and sort this out?

    Before I was failed by Atos I was receiving £227.00 per fortnight. I’m presuming my payments will go back to that and eventually the arrears will be reflected thus?

    Comment by maxspencer018 — May 17, 2012 @ 9:23 pm

  237. PS If I do nothing, will my payments stop and if so how can I prevent this happening. the last time I tried to phone DWP i was left on hold till I gave up

    Comment by maxspencer018 — May 17, 2012 @ 9:27 pm

  238. Hello Max.

    First of all congratulations on winning the tribunal appeal, it can take a while to get your money they owe backdated which will be back to the date the DWP informed you that you were fit for work, I’ve waited 7 weeks before for an appeal winning backdate, and yes I had the same nonsense from the DWP as in please send us a sick/fit note or else your benefits may be affected.

    Let me tell you, if you win an appeal you do not need to send in a sicknote, and it’s a waste of time trying to explain that to these (Minimum wage) idiots who man the phones for the DWP, so I can suggest the best way round it is to send the DWP a letter, and say on there that as your recent appeal has been allowed (attache a copy of the appeal decision) then as you know sending in a sicknote is no longer required, if you do not agree that there is no need to send in a sicknote after winning an appeal then could you please send me a letter and explain why you do not agree.

    I don’t envisage you will even get a reply, but they will catch your drift, and you will not hear from them again until they decide to inform you that since you have won your appeal then you are entitled to etc etc.

    By the way, no disrespect to minimum wage earners, but if you pay peanuts you get monkeys.

    Comment by dwpexamination — May 17, 2012 @ 10:18 pm

  239. Thank you dwpexamination. I’m off to the library to print a copy of the appeal decision and will include it in the reply envelope with a letter as you advise. I will be keeping a close eye on your thread (many thanks) and will keep posting updates as and when. As you and so many have said, we have to stick together and fight these bastards. This is war, and what doesn’t kill you off by thinking you are alone in this, only makes you stronger.

    I’d also like to add, with the benefit of hindsight that if anyone has any doubts about challenging a 0 point return from ATOS, then think again. Reading back my appeal papers I can now see where I went wrong in the first place. Thanks to this thread I now understand that ATOS are only interested in what you CAN do and not what you CAN’T. I strongly urge everyone to seek advise from Welfare Rights prior to an ATOS medical. Welfare rights will highlight the appropriate descriptors that emphasise what you CAN’T do – the very thing that I most definitely got wrong. If you are further down the road than this and been found fit for work, then if you haven’t already and there’s still time, then definitely appeal. Again, take the appeal form to Welfare Rights, they will help you fill it in and strengthen your case at the Tribunal.

    As I said in an earlier post, I sought advise from Welfare Rights the day before my Tribunal. The wonderful adviser sighed and tutted a few times at some of my comments written down in my appeal form but still convinced me that all is not lost and of course he was right. So my fellow Warriors, we band of Brothers and Sisters lets keep this strong to get even stronger. They might wear their suits and congratulate themselves as being masters of the universe but we see right through them. From Cameron down to the “peanut fed monkeys” – thanks dwpexam ;)


    Comment by maxspencer018 — May 18, 2012 @ 9:21 am

  240. Hi Max.

    Your right there, it’s important that we pay attention to the ESA 50 questionnaire and we don’t inadvertently make things even more difficult for ourselves by filling it in wrongly.
    Anyway great advice for the readers Max, cheers and take care..!!

    Comment by dwpexamination — May 18, 2012 @ 2:07 pm

  241. here we go again just got medical form.at the end where it say comments i put no point cos thats what you give everyone-no fookin points!!!!time to get the armour back on and fight again gawd.

    Comment by lynnleeds — May 22, 2012 @ 11:57 am

  242. I Have Won My Appeal what happens Next i was Placed in the Work Related Group will my payments go straight up on my next payday or will it take around 6 weeks for them to deal with it i know my backdated money i get will take around 6 weeks for my Chronic Hydrocephalus and Learning Difficulties

    Comment by colin — May 28, 2012 @ 9:03 pm

  243. Hi colin, congratulations on your appeal win. Unfortunately you’ll have to wait for your money to go back to what it was when Atos “failed” you. 7 weeks seems to be the general agreement from what I’ve read on here. I won on 16 May and 6 days later my money hadn’t changed. In that time I’ve had 3 letters from them. The first one was to tell me that my sick note had run out. I wrote back to tell them that as I’d won my appeal I understand that I no longer require any more medical certificates – which of course is true. I also included in my reply a copy of the Tribunal Decision. Do send a copy in too if you have a sick note problem.

    The other 2 letters I got from them were to tell me that I owe them £60 and from the next payment they’re going to start taking £7.00 + per week till I’ve paid them back. I’m not too worried about this because I know that my appeal win will negate all this nonsense. They try to do everything they can to make it as difficult as possible and maximise our trauma. Also you’ll probably get another call from Atos in 3 months or so, so keep that in mind when planning to spend the back pay.

    Good luck colin and please keep us posted.

    Comment by maxspencer018 — May 29, 2012 @ 11:15 am

  244. Shall I Take a Copy of my Appeal Win to the Job Center also My sick Note would not run out till June 15th anyways so they should not be able to say my sick note as ran out CAB has kept the case open for me just in-case i do have any problems with DWP My Next Payment is Due on the 8/6/2012

    Comment by colin — May 29, 2012 @ 2:55 pm

  245. Hello Colin.

    Make sure it’s a copy and not the original, sometimes the DWP ask you to supply a sicknote after you win an appeal, this is probably because they haven’t had notice from the tribunal service that you are entitled to ESA, and so showing the job centre will not do any harm, better to send a copy though.

    You could get your mum to write a letter saying something like ” I am writing to you to let you know that my appeal on the 28th of May was allowed and the tribunal panel found I was entitled to ESA, please find attached a copy of the panels decision, Could you please confirm that sending in a sicknote is no longer necessary, my present sicknote ends on the 15th of June ”.

    This will let them know you have won, and hopefully stop them sending you annoying letters (Like supply us with a sickline) while they wait for the tribunals decision to arrive.

    Comment by dwpexamination — May 30, 2012 @ 5:57 am

  246. HI every one and fellow job seekers and put upon people of the DWP

    havent talked for a while but still job hunting and on a work proramme at wessex training
    apparantly only have to go to the job centre occassionaly now
    dont know if this is going to help as i hear the work programme isnt always helpful either
    making me do my level 1 maths with learn direct – are they saying i willl get work if i know how to do fractions – or im to dumb to get work
    i try not to be to sensitve but thats how i am
    Oh well if i pass my maths then i suppose its an acheivement -as i know im not a great mathematician- i just dont want people telling me to do it

    remember scott my son well hes now on the same work programme after his tribunal he got his money back within two weeks and yes i was flabergasted l wasnt expecting the backdated monies so quick
    talk soon
    Keep up the fight

    Comment by Anonymous — June 6, 2012 @ 1:53 pm

  247. Some Backpay Recieved Three Weeks After My Appeal Is Allowed

    Good news ish. After 3 phone calls to DWP last Friday 1 June I was told that if I haven’t recieved any money by the 17.00 deadline then nothing will done until Wed June 6 because of the bank holidays. I recieved a phone call this morning telling me that money should be in my account in a couple of hours and also that a sick note is not required now that they have recieved conformation of my Allowed Appeal. I checked an hour an half later and sure enough there it was but with a £400.00 shortfall. My last full ESA payment of £227.80 per fortnight was on 8 Nov 2011. Since then I recieved 10 fortnightly payments of £135.00 followed by 1 fortnightly payment of £120.00, then 2 fortnightly payments of £127.48 and a final fortnightly payment of £140.20.

    Assuming that my calculations are correct – that the difference of any fortnightly payment under £227.80 will be calculated as the total of entitled backpay – I should have recieved £1323.56 excluding a payment I should have recieved on tuesday 5 June. Instead I recieved £941.19. I took my calculations to Welfare Rights and by coincidense the chap who had been helping me out these past few weeks had just finished the same sums and his calculations were the same as mine. He suggested that there will be another payment to bring the total up to date and perhaps the reason could be that the DWP could only pay out a certain amount in one payment or that maybe the 2 bank holidays were clogging up the system. He suggested I give it a week to see if it gets corrected.

    Has anyone else had a shortfall in this way? Also am I right in thinking that my fortnightly payments will go back to £227.80?

    I would also add that the 3 phone calls I made last Friday were from The Job Centre. There’s no need to ask or speak to anyone at The Job Centre to use their phones which are free of course. They’ll be at least 6 of these phones and the various numbers are coded A B C D E etc with the department you require next to each letter. Pressing the letter will automatically put you through then its a case of following the spoken instructions. As always, there’ll be at least a 10 minute wait..

    Finally I must tell you this. The last person I spoke to on Friday from the DWP investigated for me why I recieved a letter telling me that I was getting £7.00+ taken each week from my allowance. It turned out to be for a crisis loan back in 2008. Of course, he couldn’t tell me why it had taken so long to be recognised. I then, because it was getting close to the 17.00 deadline as explained earlier, told the guy that I had £6.00 in the bank and need some money for the weekend and could he say whether or not I would likely get paid. He couldn’t of course but did suggest I go to the Police Station and they would give me a telephone number I could ring to release some social fund if I was desperate. Foolishly I went and was laughed out of the station.

    Comment by Anonymous — June 6, 2012 @ 2:04 pm

  248. I seemed to have been automatically signed out and can’t find where to sign in again. The above post June 6 @ 2:04pm was by maxspencer018

    Comment by Anonymous — June 6, 2012 @ 2:12 pm

  249. IS there anyone in here who got the work related group of esa after the appeal what rate is it for a 23 year old on dla just wondering what my new rate is gonna be every 2 weeks

    Comment by colin — June 6, 2012 @ 2:58 pm

  250. hi dwp
    are you still there giving advice
    just want to ask is it true that the job centre/ training centres cant make you take or apply for jobs that you may not like or feel you are not qualified for
    Just curious (we know what happens if we dont – no money)

    Comment by Anonymous — June 8, 2012 @ 5:24 pm

  251. Hello Julie.

    No they can’t force you to take a job, but must attend work focused interviews if asked, but be wary of volunteering for anything because once you start on one of those idiotic work placements – basically means work for your dole - then after a week they have you by the short and curlies..!!
    Remember if you are on Employment and support allowance you are supposed to be ill and therefore should be getting help not forced in to slavery.

    Comment by dwpexamination — June 8, 2012 @ 7:41 pm

  252. hi yeah thanks dwp
    im on JSA
    But im doing level 1 and 2 maths on learn direct on the work programme i went on – from the job centre as they said im with them till i get work and after. for two years- the work programme asked me if i would consider volunteering i said no cos i just think its unpaid labour and a cop out for helping me get a proper job
    im doing a four day Employability Training soon apparantly its mandatory. i think ive done alll that before

    what work placements do you mean?

    Comment by Anonymous — June 10, 2012 @ 5:42 pm

  253. A Quick Question I have been placed in the Work Related Group of ESA am i allowed to go to College on a full time Course to help me with getting the skills i need to help me back to work its a 2 year to 3 year full time course 2 and 1/2 days a week.
    I am taking a Level 2 ICT 1 year Course and after i am going to do the BTEC Employability Level 2 Course which is 2 years again this will all help also am i allowed to work 5 Hours a week Cleaning Mon to Friday at the Minimum Wage as i have been looking for part time job while i study at college to help with train costs and that io have been ringing them up but they do no want me working on my own because they cant expect clients to watch for my hydrocephalus symptoms.

    I will be having learning support at the college to help me settle into college as its in a different town from were i live and also help with assignments making sure i understand what required of it and breaks in exams 1/2 way through them .

    i am not allowed in to my local college because of my police convictions [Harassment without Violence] from last year i was not allowed to return when i got released from HMP i was on remand for 2 weeks and 3 days at police station and this has cost me my old job at the care home [were my family use to keep an eye on me] my old friends and band from my old disablty football team and the list can go on

    My Chronic Hydrocephalus before my Surgery Last year i was having problems with my pressure headache and lose my tempoor easily and i have short team memory problems and also iv got an Acrchroud Cyst and Learning Difficulties

    Comment by colin — June 11, 2012 @ 6:55 am

  254. I Am in Recept of DLA Middle Rate and Low Help with Getting about

    Comment by colin — June 11, 2012 @ 6:56 am

  255. Work placement/s ? another word for work in Tesco/s etc for your benefits, of course they will tell you it’s voluntary but once you are in their trap for a week you find you can’t get out of it, this means one can be stuck stacking shelves in some dreadful supermarket for six months.
    What if you come down with the flu ?, or that Legionnaires disease ? try explaining that to the Job centre when your ESA/dole stops.

    You need/want proper training for a properly paid job, not some mind numbing micky mouse job sweeping floors or stacking shelves to enhance people like Sir Phillip Greens profits.

    Comment by dwpexamination — June 11, 2012 @ 7:01 am

  256. hi dwp
    are you saying that im within my rights to say no to volunteering and work placements ?
    ive worked for tescos and they treat you like dirt as an employee never mind work placements.

    Comment by Anonymous — June 12, 2012 @ 8:28 am

  257. Your on Employment and support allowance ? then they can’t force you to work in Tescos or similar, they are supposed to help you back in to work.
    Of course if you say to them that your fit to work in Tesco’s, or you will struggle in and with a stiff upper lip then that would be music to their ears. You would see a friendly smile, an arm would go round you, and the work focused advisor would whisper in to your ear, COME IN TO MY PARLOUR.

    Comment by dwpexamination — June 12, 2012 @ 9:57 am


    Comment by Anonymous — June 12, 2012 @ 6:36 pm

  259. HI DWP

    Comment by Anonymous — June 12, 2012 @ 6:40 pm


    Comment by Anonymous — June 12, 2012 @ 6:43 pm


    Comment by Anonymous — June 12, 2012 @ 6:44 pm


    Comment by Anonymous — June 12, 2012 @ 6:47 pm

  263. It all depends in to whose hands you fall, they can sanction you anytime they like, if they feel your not making enough effort to get a job they can demand you apply for such and such, and if you refuse then they can if they wish to be mean…SANCTION YOU.
    Most aren’t that mean, and realise how difficult it is and take that into account, but there’s always that right bastard in the office who is on a mission to sort out the so called work shy, let’s hope you don’t get one of them..!!

    Comment by dwpexamination — June 12, 2012 @ 9:18 pm

  264. Thank you so much for this has given me hope that I will hopefully make them see that after scoring no point (cant walk sit stand etc without severe discomfort on morphine, as would be stuck in bed crying without it!) that walking 5 meters and I am at a considerably slow pace with a rolator along with many other smaller issues that without ny severe back pain should class me as unfit even if I would never have stopped work without the added pain being included. I think it is outragous when they spin your words, I am still currently in the investigation stages with the hospital so said the only results I have were from the spinal operating team and that nothing operable was wrong so this problem (after already lasting 2 years) is likely to be life long but further readings of my crags and MRIs etc needed o be passed on to the correct departments, this then followed with her reporting the scans were clear and nothing had shown up wrong…twisting words just a little…more like write what will get you a higher pay cheque regardless of its truth, daft thing is I havr a hospital appointment this Friday to finally get a diagnosis and start a better management plan, so following this on Tuesday with a cab app to make sure I word it ll correctly, although in preparation have gone through the report with a highlighter or three after reading this to desperate assumptions, twisted words and made up rubbish (could use a much rudder word there!!) I have been scouring the internet as well as recently they have lost several sick notes one stopping a payment I was owed from before the decision (fighting that tooth and nail) along with telling me that I couldn’t be payed as I was allegedly meant to libe of my carers wage for his day job when he stays a couple of nights a week! Do if you know anything about legal action against the dwp I would love to know as until being forced financially to try for ESA my controlled depression and rage has gone out of control, just qnother reason I wont be accepted back on jsa (will have to be a different job every day of the week available as will get sacked in less than two hours in any work as even as a shelf stacker I can’t touch my knees nd cant sit on any chair without being up and down all the time!!) butfeel very victimised as alot of these problems seem to occur.at convenient times (nearly lost my medical after 6months after the 13 weeks as they suspended claim, holding sick notes back until a decision can stop a payment and also sending the envelope for the appeal for to go in but nothing but a leaflet with no form at the back…very convenient with only a month to appeal in!!!)
    Stand strong everyone reading the horror stories they atos people Sometimes act nice but are probably worse than the grumpy ones and avoid ll women in the dwp I have foubd it is always the women who havr caused my problems and never.listen when the younger men try go help, showing some compassion and not acting like scaled down Hitlers

    Comment by emzyt0 — June 13, 2012 @ 1:39 am

  265. Hi DWP. When I failed the ATOS medical back in Nov 2011 I was receiving £227 per fortnight. Since then I’ve been receiving various amounts between £135/120 until my appeal was allowed on 16 May 2012. I received £940 backpay on June 6. On 19 June I received £183. Could you shed any light on why I’m not receiving £227 per fortnight as that was what the appeal was contesting?

    Comment by maxspencer018 — June 20, 2012 @ 12:26 pm

  266. Hello Max.

    You don’t say what benefit/s you were on in Nov 2011, because if you were receiving IB or ESA only, then £227 per fortnight is overpayment, so what benefits were you on back then and what benefits were you contesting at the appeal tribunal.
    I will assume you are claiming ESA, at the moment £183 is just below the basic rate plus the working component of ESA per fortnight, which is £194 odds. And the assessment rate is just over £142 per fortnight.
    So it’s possible they have paid you for 13 days rather than a 14 day period.

    Comment by dwpexamination — June 20, 2012 @ 12:57 pm

  267. Hello all,

    I am new (ish) to this great site, & I’m amazed how many people are getting such appalling treatment. l dont feel so alone as i have been for the last 7 years.
    At a time in our lives when we so badly need help, genuine help, the kind that may give us hope to get back to, or into, a productive and fulfilling life, we are all being kicked in the teeth and made to feel even worse about ourselves, by people who evidently have no experience of the real lives of the invalid life.
    They probably spell it; “In Valid”.
    I had a DLA appeal tribunal myself recently; I agree with the ethos that you go to meet the independant Judge, Doctor, & Disability spokeslady, (on my day) & talk to them as you would talk to anyone else. I may have been lucky, but I was listened attentively to, and with an empathy that has become so unusual for me these last 7 years that I ended it by saying that, ‘even if nothing else comes of this, I feel much better in myself’.
    I remember almost every word.
    I received the notification that my appeal had been allowed, indefinitely, the next morning.
    It arrived along with the letter from ATOS telling me to fill in the form for the new benefit, in the same postal delivery.
    It had been a stuggle an a half to do the appeal tribunal, & I nearly didn’t do it at all.
    And now ATOS.
    I cried.

    Comment by Beezle — June 21, 2012 @ 4:32 pm

  268. Hello Beezle.

    ATOS will always hound us, that’s our lot until we die, it doesn’t matter what the tribunal award, ATOS can (Like the grim reaper) call us when they like, so we can only fight them as best as we can, if they make a mistake then the forum members http://www.dwpexamination.org are waiting to pounce on them.

    Comment by dwpexamination — June 21, 2012 @ 5:08 pm

  269. hi dwp
    remember i told you im on the WORK PROGRMME well i was told that even when i get a job i have to continue going to the PROGRAMME for two years afterwards
    first of all – when will i have the time and aso why do they hound us even when we get back work – do we not have any control in our own lifes anymore – i find this disresectful and intimdating and not able to control what happens to me anymore
    im already fighting deppression daily but im getting better
    where are our rights.
    If im working can i say i no longer what to be on the PROGRAMME

    Comment by Anonymous — June 23, 2012 @ 1:06 pm

  270. julie if you get yourself a proper start,ie an ordinary job you can give them both fingers and walk away ,we dont live in a police state quite yet!

    Comment by larry — June 23, 2012 @ 1:27 pm

  271. Hello Anonymous.

    This is how you judge it…If they (DWP) are giving you money, then you have to do as they say, if they are not giving you money or paid in kind, then just don’t go back.
    If I started a job and they demanded I go and see them then I would tell them to EFF OFF.

    Comment by dwpexamination — June 24, 2012 @ 1:27 am

  272. thanks dwp and larry

    i know what you mean but the way the lady was talking it seems we still had to go on the programme after we get jobs
    i feel like we are in a police state
    so i wont have to go then – i will let you know if anythink changes
    if i worked part-time and i had to still have some benefits i suppose i would i have to would i ?
    this is why people get ill because we have to do too much

    Comment by Anonymous — June 24, 2012 @ 9:56 am

  273. Hi all, i won my appeal yesterday (26/06/2012) after getting o points at a medical in september last year. What I would like to say to all people waiting for a date or to go to a medical is get someone to represent you ie cab, solicitor etc. I got a solicitor through legal aid. He was brilliant I basically won my appeal not by getting 15+ points but by using regulation 29, which id never heard of before, it basically means my conditions/illnesses mean I am a danger to myself and others. I suffer from depression, anxiety, and arthritis. But without a specialist welfare benefits solicitor I would have had no chance as he was the one who gave the tribunal (judge and doctor) the option of finding in my favour due to regulation 29. My point is always get someone on your side who knows the system to give you the best chance of overturning the Atos decision. Finally DON’T GIVE UP! Don’t let the b***ards get you down. Justice will prevail

    Comment by Darren — June 28, 2012 @ 1:46 am

  274. Congratulations Darren, there’s Reg 35 (2)(b) as well, the difference is you get in to the support group with 35.

    Comment by dwpexamination — June 28, 2012 @ 5:03 am

  275. Hi just to add to my post I got into the support group with reg 29, I wasn’t sure when I posted last night but I got a letter of my solicitor today confirming that I am in the support group. If anyone has any info as to what exactly this means please let me know. Thanks

    Comment by Darren — June 28, 2012 @ 4:14 pm

  276. Darren…If your in the support group it means you do not have to attend work focused interviews, although the DWP will tell you that if you wish to go then you can, (Stop laughing).
    You will also get a little extra money in the support group, it’s not very much but every penny is welcome.
    Don’t rest on your laurels now, because the DWP will instruct ATOS to call you again, possibly between three and six months, get to know your rights now and be prepared for the future http://www.dwpexamination.org

    Comment by dwpexamination — June 28, 2012 @ 7:12 pm

  277. Hi thanks for the advice, hopefully after the past 10 months (from medical to tribunal win) I will be better prepared next time round and thankfully the solicitor I had said to call him if and when I have to attend future medicals and fill in forms relating to benefits, even though it was only Tuesday when I won I have been scouring the internet looking at rules, laws etc relating to medicals, benefits and appeals because as you say and from reading forums I see that it wont be long before they start to hassle me AGAIN!!! But they obviously don’t realise that I wont and will never stop fighting them ifs that the way they want to go. In the end I truly believe justice will prevail for me and all of us in the same situation.

    Comment by Darren — June 28, 2012 @ 10:21 pm

  278. just like to say won my appeal yesterday 28th, took judge & doctor who were superb by the way,a very short time to rule in my favourr.I have chronic erosive RA.I know i,ll have to go through this debacle again but now having experienced it i will fight tooth & nail for justice next time round.Surely there must be someone out there who has common sense, humility, integrity and some power to stand up and say enough is enough.Wasn,t it Mr Clegg who said we will have a fairer system where those genuinly in need of help will be taken care of.HIS SAFETY NET.Looks like he needs to get his bodkin out.Finally for those of you good people out there who still have appeals pending keep your chins up i know its difficult but if you have a genuine case stand firm and best of luck to you all.

    Comment by brian — June 29, 2012 @ 10:52 am

  279. Hi Brian just wanted to say congrats on winning your appeal, I won mine Tuesday (26th). As you say we both know we will be called in again but next time we will be better prepared and as i said before well done on getting what you rightfully deserve because lets not forget we are fighting for what we deserve and are entitled to not just so we can sit about all day doing nothing. Darren

    Comment by Darren — June 29, 2012 @ 4:19 pm

  280. I was placed in the work related group on grounds of my chronic hydrocephalus and learning difficulties the money is now sorted out thankfully when do i have to attend work forces interviews as i have not heard from them yet for that

    Comment by colin vernon — June 30, 2012 @ 12:01 pm

  281. Hello Colin.

    There’s no set time for the DWP to call anyone for a work focused interview, you can get a letter anytime.

    Comment by dwpexamination — June 30, 2012 @ 12:30 pm

  282. hi dwp
    can you telll me if im allowed to have a holiday while on a work programme or signing on
    i was told that this is not easy to do (the job centre always seem to put a dampner on anything we want to do dont they)
    and what happens about signing on if away.
    i havent had a holiday for years and want to visit my daughter who is working and at uni in cornwall and wont be back for a while

    Comment by Anonymous — July 5, 2012 @ 12:16 pm

  283. If your holiday clashes with your signing on date then you will experience DWP problems if you don’t sign on that day, so make sure your holiday doesn’t clash on that day. If you tell the DWP that you would like a holiday, then I’m sure they would say ”Do you now” and for the next six months you will be reporting continually for active duties.
    Remember, anyone who applies to get a job with the DWP especially higher up, then you must display certain psycho/sociopathic tendencies at the interview. Someone with a heart of stone and totally bereft of any kind of compassion would fit the bill nicely.

    Comment by dwpexamination — July 5, 2012 @ 2:58 pm

  284. yeah thanks dwp
    you make me laugh with your antedotes about the dwp

    were you being sarcastic im not sure ha ha !

    does that mean that i can have a holiday or not

    they have holidays so i dont see why we cant why is everything so complicated

    Comment by Anonymous — July 5, 2012 @ 8:48 pm

  285. Imagine you are in Auschwitz and you say to the guard/s ”Hey…Guess what, I desire a holiday” ”If you lot can have holidays then why cant I have a holiday” what do you think would happen ?. Don’t forget the DWP workers hate benefit recipients, whether the recipient deserves the benefit or not, the DWP are the new Gestapo and we (The poor, the unemployed, the sick and disabled and dispossessed) are the new Jews.

    Comment by dwpexamination — July 6, 2012 @ 7:55 am

  286. hi dwp
    i get what youre saying
    but please please telll me we are not that uncaring or un-compassionate anymore -
    i know it always feels like it but we have to hold on to something – that things wiil get better for everyone.

    i just had a no to a job i applied for today – so not feeeling great – but we got to keep going havent we?

    Going back to the holiday i think i just rememberd that you can have two weeks a year – i heard it somewhere i may check it out with the C A B
    Going to the work programme on tuesday might ask them too.

    i have a quote for you dwp
    “After the game, the King and the Pawn go into the same Box”
    Italian Proverb

    post sooon julie

    Comment by Anonymous — July 6, 2012 @ 10:58 am

  287. Sorry Anonymous but that’s what the Country has descended into, me, myself and I, Gimme, I want more and more, gimme gimme gimme, and to hell with everyone else.
    We will never get to the end of the game with attitudes like that, in fact we aren’t even out of the opening, if we get by that then we have a middle game and an endgame, and don’t forget the king is the strongest piece in the endgame, what I mean by that is they are going to fight tooth and nail when we get to that endgame but we haven’t even managed to get to that vital middle game we are still in the opening and losing.

    Before the endgame the gods have placed the middlegame.
    A German proverb (Siegbert Tarrasch)

    Comment by dwpexamination — July 7, 2012 @ 7:49 am

  288. i have been saying that exact same thing for the last few years-we are the new jews- and once legal aid is done away with and we are pulled out of the european court of human rights then god help us ,because unlike germany in the thirties there aint nowhere for any of us to go to and no money to go if there was!

    Comment by larry — July 7, 2012 @ 9:40 am

  289. hi dwp and larry
    i get it i really do

    Alll the people who run Atos, The jobcentre, The Government,The Training Centres,
    Would have no jobs without us, the sick,the unemployed etc,
    From time to time i remind them that they could be in our position – that they could be also sick.,unemployed etc – that does the trick sometimes

    My interpretation of my proverb is that at the end of the day we are all the same

    im not anonymous im JULIE
    keep up the fight – i willl be there too

    Comment by Anonymous — July 7, 2012 @ 5:01 pm

  290. After first putting my claim in 2 years ago I have finally won my tribunal at the higher rate of mobility and personal care, It has now been seven weeks since I won and my hubby rang them today and they said they haven’t had anything come through from the tribunal so I told them that was an old one that I was aware of them saying to people. As you can imagine they now have to back date a lot of money, do I just sit and wait or keep on at them? This is causing me a lot of stress and I feel they have been out to get me for the past two years. I have a slow progressive terminal illness that has no treatment or cure known to man, a fracture in my spine that keeps giving out, Osteoporosis and have now been told that I may have had fibromylagra for quite some time as well, I can hardly walk at all for the pain, sometimes I can’t even sit or lie or and I am trying to live on £69 a week pension.

    Comment by button — July 16, 2012 @ 4:46 pm

  291. Hello button.

    Strangely enough around seven weeks is an average time to hear from the DWP regarding a tribunal decision, you should hear from them soon with notice of the backdate money.
    If not then photocopy (Never send originals) the tribunal decision and post it on with a letter attached, tell them that since you won your tribunal hearing on such and such a date could you please send a letter of acknowledgement.

    By the way, ringing them is hopeless, better to contact them by mail..!!

    Comment by dwpexamination — July 16, 2012 @ 10:03 pm

  292. Okay will do in the future if nothing comes through. Thanks…..Button

    Comment by button — July 18, 2012 @ 9:29 am

  293. Hi there found this site whilst researching for assistance for my sister. Thought I would give an update.
    She was on incapacity benefit from 2006 and was sent for a medical in September 2011 she was informed Dec 16th that all her money would be stopped on the 30th. My sisters condition is morbid depression, anxiety, panic attacks, self harm, ocd and alcohol dependacy most stemming from child hood abuse and rape. We started the appeal process with no help from the DWP I did all the research myself from forums and sites such as this. I wrote complaint into the DWP regarding the way she was treated and the way I am spoken too, the continuing loss of sicknotes and the added stress. I received a £25 compensatory cheque and an apology.
    We attended the appeal yesterday and it was quite scary being a court with a bench. We were introduced to the judge and a doctor. They were alomost humble and apologetic for bringing my sister into this situation they asked her a couple of questions regarding her anxieties, panic attacks and rituals. Asked about her drink and her daily activities. We then waited outside and 5 mins later were called back in and was told she had won and not only won but placed in the support group and recommendation to be left alone for 24 months! She was given 27 points when she scored nothing from the useless atos assessment. They apologised again and wished her well. We left feeling elated and thinking ok what happens now? Do I have to write to the DWP, do we still send sicknotes and can I now apply for income support etc……..Thanks for your help.

    Comment by occupationalwhat — July 21, 2012 @ 9:30 am

  294. Congratulations occupationalwhat.

    I wish there were more people like you, because most people are just giving up with the stress of it all, people don’t understand that every single genuine case has to be fought for tooth and nail.
    Anyway you don’t have to send the DWP any more sick notes, once you have won an appeal you can stop sending them, they may try and persuade you otherwise, but take it from me you don’t have to send any more.

    Now it will take around six to seven weeks before you hear from the DWP, the reason for the long wait is not because the tribunal service haven’t informed them (which the DWP will try and tell you) but because winning an appeal is an abomination to them and therefore way down the list of their priorities, contrast that if you lose an appeal, you get contacted by the DWP within a week, so to say they haven’t been informed by the appeal service is pure nonsense. Anyway, you just have to be patient you will hear from them eventually.

    If you want to make an attempt to speed it up, then photocopy the decision notice you received from the appeal service and attache it to a letter and explain that since the appeal was allowed, find attached notice, could you please send a letter of acknowledgement. THAT’S A NICE WAY OF SAYING WILL YOU GET YOUR ASS IN GEAR AND GIVE ME MY MONEY YOU CHISELING CROOKS.

    As for any other benefits you may be entitled too ? there is nothing to stop you from applying as long as your eligible.

    I will take a guess ”Special circumstances rule 35 (2)(b)” that seems the most likely, and they should leave her alone, but don’t rely on it, just because an appeal was allowed doesn’t mean they will leave her alone, so don’t rest on your laurels, these pieces of scum will be back so get prepared, visit our sister site http://www.dwpexamination.org and help us all prepare for the future.

    Comment by dwpexamination — July 21, 2012 @ 12:29 pm

  295. Mmmm now then Special circumstances rule 35 (2)(b) is not mentioned it says the tribunal recommends that the department does not reasses the apellant within 24 months. Then it says The tribunal reached a different conclusion having regard to the mental factors, on substantially the same facts……………So do you think they are saying ATOS are T***ers or, saying they are more open to mental health? This whole thing has been dreadful don’t know about her mental health it has battered mine, my husbands and our close friends all this. I will have a look at the sister site and definately will not be reasting on my laurels………….Fantastic site here with loads of info thanks again

    Comment by occupationalwhat — July 21, 2012 @ 1:11 pm

  296. The special circumstances rules are ” He/she Will be a hazard to him/her self in a work place/environment” that’s the basic gist, 29(2)(b) is the work related group, and 35 (2)(b) is the support group.

    Even though the tribunal has recommended she isn’t bothered for at least two years, that doesn’t cut any ice with the DWP and ATOS, if they wish they can have her back for another assessment any time they want, their excuse ”Well she could have got better by now” that’s why I say keep vigilant, learn all your rights now when you have the chance, you will need to know it in the future, because the Government is planning (April 2013) to deny anyone who isn’t rich the option of legal aid to defend themselves.

    Comment by dwpexamination — July 21, 2012 @ 2:50 pm

  297. Hi, First of all I would like to say thanks for having this forum. It makes me more aware that its not just my husband has been having this problem regarding ESA. My husband had a stroke 2004 and that left him with memory impairement. He might recall the conversation in the next few hours/days or weeks but in short his memory is crap. He has degenerated discs in his spine and neck, arthritis,oedema in his legs/ankles and feet, depression, anxiety, diabetis type 2, severe sleep apnoea and I can go on you know(he always thankful to his parents for these illnesses)NOT!. Anyway, he will be having his tribunal next friday, I first filled out an ESA form last february this year on my husband’s behalf (he cant do much writing). We received a letter from DWP stating that they put him into a work related group activity based of the medical report from a government doctor last 2007. And so he appealed to be put into “support group” instead of “wga” as no matter how much training they will give he cant retain it bec. of his problems. He doesnt even want to go out alone bec. of his anxiety. And cant walk very far because of his swollen legs and arthritis. Hence he needs me all the time as he cant remember what he’s doing and what he’s supposed to do. Infact he’s having even more chest pain and cant hardly breathe bec of this and I just have posted out another ESA form yet again. He wants to have a representative with him in tribunal as he cant express himself very well. But we dont know how to get one?A legal aid from shelter was helping us out to pin point the problems of my husband but she cant come with us in the tribunal coz its not allowed or something. She said that there’s a 50/50 chance about this hearing. My question is, Do you know how to get a representative to be with my husband for the tribunal?If I were to ask you, how much chance does my husband have????I dont know why Im typing this but surely would help ease the stress that we both feeling.

    Comment by shine — July 22, 2012 @ 12:37 pm

  298. Hi Shine……..I can only go from my experience and everyone has different. Have you appealed and have a date or are you waiting for the date? I represented my sister as at the end of the day I know her best. There are forums including this one which give advice on how to fill your descriptors in. Once I received the bundle from the DWP/Tribunal I proceeded to answer each one honestly and describing exactly how my sister was effected in her every day life. Then I added a written statement and sent it all back to the court. The day we arrived they asked was there any further evidence of which they was not then called us in. Questions were directed at my sister and she answered where she could I interjected when applicable. Then it was over. I know welfare rights and CAB offer representive services but to be honest from my experience I am glad I never got anyone as it was not needed for us. My sister has anxieties and short term memory issues too and has difficulty in expressing herself to strangers and the like. Maybe we fell lucky in our court experience? I am sure there will be others along with their stories. Good luck and I suppose as hard it is try not to worry as then there will be two of you with anxieties and stress xx

    Comment by occupationalwhat — July 22, 2012 @ 12:55 pm

  299. Thanks occupationalwhat for your response, The tribunal will be next friday, 5days to go! I have to come with him as Im his carer anyway, We are both feeling down but Im more concern of my husband’s health coz its getting worse. Thanks for the goodluck, really need that. Hope our court is more amicable. Thank you! Btw, did you guys win the appeal?

    Comment by shine — July 22, 2012 @ 1:42 pm

  300. Yes! we did shine..my little update is just above number 293 x

    Comment by occupationalwhat — July 22, 2012 @ 2:03 pm

  301. What should I do if I felt the judge asked inappropriate and personal questions that had no bearing to the case. The judge asked about my profession (I was representing my partner and he was unable to attend the hearing). I was also asked how I met my partner!

    Considering I was there to appeal a decision to request my partner be placed in the support group I was being asked questions about events after this date!

    Equally, how can I find out whether my partner has exhausted his national insurance contributions if he makes another claim for ESA?

    Any information is appreciated

    Comment by Teena — July 28, 2012 @ 6:04 pm

  302. Hello Teena.

    Yes this is a problem, they sometimes do ask questions totally unrelated to ones health condition, and refer to events bearing no relation to the date one was found fit for work.
    They can do this because they are basically unaccountable, and this means power, these people that sit on these panels are usually sociopaths, you couldn’t do that job if you had feelings.
    So instead of getting angry and handing power to them on a plate and therefore give them an excuse to deny benefits, best to just answer the questions as if you weren’t too bright, and demonstrate that answering questions of any description is fine by you.
    Do what you need to do to win the appeal, when ATOS and the DWP are exposed for the rats that the are then the appeal panels are next to get it, we need to be patient, we have a good start this Monday evening, see the link below for enlightenment.

    See the HMRC for information on insurance stamps, don’t ask the DWP.


    Comment by dwpexamination — July 28, 2012 @ 7:20 pm


    Comment by Anonymous — July 29, 2012 @ 10:15 am

  304. Hello Julie.


    Because everyone who is granted ESA whether it’s the WRAG or the Support group have to attend another assessment and another and another until we take the hint and make your/ourselves better health wise and go and sign on for a Job.

    You see ? it’s all a con, it’s all about figures, and the figures I’m referring to is the figures that Chris Grayling is quoting to everyone who will listen to the crap he talks, he claims that thousands of people on sickness benefits have been moved in to work, he knows this because thousands of people have been found fit for work by his enforcement arm ATOS healthcare and therefore his work placement initiative and welfare reform has been a resounding success.

    Of course he doesn’t mention that almost every assessment report was fabricated, and he conveniently doesn’t mention that people who are temporary in idiotic placement schemes as well as thousands who have just dropped out of society are all included in the so called ”We have found them permanent work figures” and there’s the little matter of all the folk who have killed themselves because they couldn’t take the stress of another fixed ATOS assessment, they were found fit for work, so presumably they all found jobs so are included along with all the others who are supposed to have found jobs.

    It’s not about saving money, because if it was about saving money then they wouldn’t have gave ATOS a 500 Million pound contract but rather gave the NHS the go ahead instead with the result that the assessments would be carried out more fairly and at a fraction of the cost.

    Let’s not be under any illusions, it’s all a con to take money from the taxpayer and give it to Camerons rich corporate friends.

    Comment by dwpexamination — July 29, 2012 @ 12:02 pm

  305. ok dwp
    but what does that mean for my son
    he still has bad panic attacks and has social phobia – so do we just answer thier stupid questions again and hope he stays on esa i suppose

    Comment by Anonymous — July 29, 2012 @ 5:48 pm

  306. Hi Julie.

    As long as they have the power that’s what we have to do, at least for the moment, we may get power back in the future, have a look at the television this Monday evening Dispatches CH 4, that will give us a good start. See here http://www.google.co.uk/url?sa=t&rct=j&q=the%20guardian%20atos%20on%20monday%20dispatches&source=web&cd=1&ved=0CFQQFjAA&url=http%3A%2F%2Fwww.guardian.co.uk%2Fsociety%2F2012%2Fjul%2F27%2Fdisability-benefit-assessors-film&ei=14QVUObZOqGw0QWE1oGACg&usg=AFQjCNGJiPX3HXPmoD8PfDRWdZpsspaCdQ&cad=rja doesn’t look good for ATOS or the DWP either does it.

    Meanwhile, if you can get some written support from your GP outlining his social phobia etc then you can ask ATOS for a home visit, they will resist at first, but if you are determined enough and stick to your guns then a home visit will be granted.

    Comment by dwpexamination — July 29, 2012 @ 6:49 pm

  307. hi everyone i went for a medical in march and didnt receive no points my friend told me to contact a welfare worker who works for my housing,i did this and hes been working with me however i received a letter yesterday saying that they have looked at the evidence i sent them and they have revised their descision in my favour i cant beleive it but to tell you the truth im in shock ive had problems with my ears and back for over 12 years i got in contact with all the hospitals that ive dealt with or seen for the problems ive had i requested all my medical records,sent them stuff from 2005,there were things on my medical records i did’nt know i had,ive just requested more medical records that im waiting for but i had payed for them already there is alot of stuff we’re not told by our gps,problems we know we have,we are made to look like liars,i dont know what happens now i will have to wait to see what happens about my benefits,what ever happens you must appeal, letters of support go a long way if you genuinly have something wrong you must pursue it,im waiting to hear from dla aswell as i told them my condition has changed ive just found out they have written to my gp, im not sure what she has written as shes a new gp as ive had to change 3 times,you have to stand your ground even with your gp,just have to wait now,but things are looking much better even though im grieving for my father who passed away in january

    Comment by nik — July 29, 2012 @ 8:13 pm

  308. Good work Nik, you don’t get anything unless you are prepared to fight, remember they will be back and right in your face sometime in the future.

    If they say they have revised the decision in your favour then you will get a letter soon (Hopefully) saying you are now in one of the groups and should get your money they owe backdated.

    Just watch for the trap though, if you are on Contributory ESA (As apposed to income related ESA) and they put you on the WRAG version of ESA, then be aware that it’s time limited, and not only that but retrospective too.
    So check it out, if you are on the WRAG version then it may be in your best interests to appeal for the support group, you have a good start because they have made certain concessions which will help only you.

    Let us know how you get on ?.

    Comment by dwpexamination — July 30, 2012 @ 6:47 am

  309. yes i was wondering about which group i would be put in,im gonna contact my welfare officer today to see what he thinks,he said i had a good chance of winning even though i was feeling extremely anxious about going to sit in front of a tribunal and explain things, but its early days yet and i dont want to count my chickens before they hatch will let you know the outcome

    Comment by nik — July 30, 2012 @ 8:07 am

  310. Cheers Nik..!!

    Comment by dwpexamination — July 30, 2012 @ 11:44 am

  311. Hi dwp
    just seen the Dispatches programme on Ch4 tonight what an eye-opener
    youre right it doesnt look good for them
    hope they fall into the s//”### big time
    people cant help getting ill bout time they realise that

    Comment by Anonymous — July 30, 2012 @ 10:29 pm

  312. It’s about time this Coalition Government were dispatched, did you see Grayling trying to pass the blame to the tribunal Judges ?.
    Instead of making an attempt to get to the bottom of this nonsense and making a promise that he will, instead of trying to find a proper solution the best this piece of detritus can come up with is to blame others.
    Why doesn’t he ask that other piece of human detritus Danny Alexander if he is so clueless ?.
    The truth is he knows whats going on because it was him and that other degenerate Iain D Smith who gave the orders in the first place.

    Comment by dwpexamination — July 31, 2012 @ 6:34 am

  313. hi dwp
    have you heard the latest
    got a letter from my houseing association, that from april next year they are going to charge people extra now on any spare rooms if not in use.
    if you are in a house that is bigger than your needs they will charge so much percent – if youre on houseing benefit it will come out of your unemployment money on top of anything you may have to pay

    Also my rent is going up in september so if im not working by then i dont see how we can survive
    It seemS the unemployed get it in the neck all the time

    im so, sick of being squeezed constantly if the government think we are living a life of luxury as like last year – we had hardly any heating on and food is kept only to esseintials
    if its meant to get us all back to work fine




    Comment by Anonymous — August 6, 2012 @ 9:47 pm

  314. Hello Julie.

    Yes we know about it, it’s been common knowledge for a while now, whacked for 10% for every extra room.
    It’s not just to get you in to a job (That doesn’t exist) it’s to get you in to a smaller house. Cameron says (And he means it) when he wins the election in 2015 anyone under the age of 25 will not get any help with their rent at all (Zero help) and will have to go and live in the streets or find a job to support themselves.
    There’s only one flaw in that (and it’s the young folks saving grace) these Nazis have no chance of ever winning an election ever again.

    Comment by dwpexamination — August 7, 2012 @ 5:44 am

  315. Hi, i won my tribunal in march, put in the WRAG ( you did say accept it) i had to go to the jobcenture a few wks later, the guy was really nice and sent me home, then i got another ATOS form so i took it to CAB,took 4 hours to fill it in, i saw my MP and all has been quiet till a few wks ago i got a letter from DWP i couldnt read it or my friend as it was so contradictry. then i had to go to the JC+ again yesterday, i saw the same guy (i took my friend) again he was really nice, hes asked me if i had a letter to appeal for the support group. we both said no. the guy said “why am i not surprised” (basicly he thinks it all madness and set up to trick you out) he gave me the form GL24 and said i only have 7 days to get it in and send a Drs letter later asap. i sent it off today. Dr said he will do one asap for me saying i will never get better (im 59 with CP)
    The JC+ guy said that they will be asking (i dont know when) about other income, i own my own home and i have 2 lodgers, i supose they will deduct their money from my benefit? i have always paied full councill tax. and i dont want to lie, they dont use my address and only one pays the rent into my bank. i dont know what my question is really. but its all made up as it goes along and just try to trick and trip us up. and yet people in rented homes are to have a bedroom tax.. Many thanks Clive.

    Comment by Clive — August 10, 2012 @ 2:38 pm

  316. Ah welcome back Clive…If you feel you should be in the support group then you should appeal, some people are worried that the appeal panels have the power to take away the WRAG version of ESA if they so wished. But I believe they will not do that if you can demonstrate you have serious health problems, people like yourself with cerebal palsy.
    As for the bedroom tax ? well there’s no way round that I’m afraid, they want ten percent (I think) for every extra room.

    Comment by dwpexamination — August 10, 2012 @ 3:56 pm

  317. Thanks, the guy at the job centure said it might go to tribunal IF my Dr writes a good letter.
    im ok about bedroom tax as i own my own home, but i am concerned about my lodgers money and being means tested. thanks again Clive.

    Comment by Clive — August 10, 2012 @ 8:51 pm

  318. P.S. do you think that the MP got them to lay off me? Clive.

    Comment by Clive — August 10, 2012 @ 8:53 pm

  319. Support from your GP is always a good idea Clive…

    Comment by dwpexamination — August 10, 2012 @ 9:57 pm

  320. The DWP don’t like letters or e-mails from MPs, it frightens them..!!

    Comment by dwpexamination — August 10, 2012 @ 9:58 pm

  321. I went to the Job Center for my 1st Work Interview thing and my Adviser was really pleased how i have got though the year 2011/2012 with my hydrocephalus and that i am going to college to do the BTEC Employment Skills Course full time and he said i have not got to go to job center now till November and he also said it was very bad you had to Appeal for this ESA but you got it what your entitled to he also asked me about my medical background my criminal past problem and said fair play you have moved on he said what job did you have before the trouble with the police i said in a care home for 6 years he could not believe i was there for 6 years but my hydrocephalus before being treated caused me to lose my temper easy and thats how i ended up losing everything friends job and got kicked out of local college but iv got to travel 15 Miles every day for 3 days in Sept on wards and i still in away feel like i still being punished for what iv done but hopefully once time pass it will get easier

    Comment by colin — August 11, 2012 @ 2:47 pm

  322. Ho Colin.

    We are all being punished, some more than others, there are people with brain tumours and three months to live, lying on their death bed and getting DWP letters saying they are fit for work and therefore all sickness benefits will stop immediately.

    Looking at it like that, makes us realise we are lucky..!!

    Comment by dwpexamination — August 11, 2012 @ 5:06 pm

  323. My WRAG was stopped in July 2011 and put on the basic rate of 67.00, after being failed by a nurse at ATOS, telling so many lies. I would call them lies and fraud as I was treated by dismay when I requested copies of the medical report. Second appeal turned down in October 2011, by this time I had the bit between my teeth. My treatment had been appalling. I had a serious accident in May 2010, was in hospital for eight weeks, had two fractures of my pelvis and my hip is really shot. They will not operate and replace my hip , which has left me with severe mobility problems, because of my age at 45 at the time. I reported her to ATOS and had no reply. Then a Compliance Officer form the DWP came out to my home and said on my ESA Claim I had not stated I had a husband, I showed her the death certificate to show he has been dead for nearly ten years and HM Treasury took £100 a month of me in tax. Red faced or what.

    It took me one year of intensive hydro, physio, etc to get me up right albeit walking on two sticks. I do not care, of the pain that it took, I am upright. The nurse at ATOS said to me, they will not like it if you will say you will not go into a chair, you are more employable that way. The offence I took at that, you would not believe. It has taken me now 11 months to fight these people, I won my tribunal and am still waiting for back pay. I am still under three hospitals since May 2010 and theyhave ignored my GP, my three Consultants, my Physio team. I absolutely despair.

    Comment by lesley wheelwright — August 15, 2012 @ 12:50 am

  324. PS I have not remarried since my husband died in 2002. I went from 0 point to 15 and should not be reassessed until 1/08/2013. How long should I keep fighting…my motto to I see this to the end. Shame on Cameron, Shame on Clegg, shame on them all picking on the easy targets………………

    Comment by lesley wheelwright — August 15, 2012 @ 1:07 am

  325. Hello Lesley.

    Whether you get ESA or not is completely irrelevant, and has gone far beyond that now, you are fighting for your right to be treated fairly, not just for yourself, but for all those other people who can’t even put pen to paper because they are too ill.
    This is a horrible greedy nasty Government with a shower of crawlers and sycophants supporting them and giving credence to what they’re doing, they want to disband welfare all together and totally destroy the NHS, it’s all in the name of profit and paradoxically enough they love unemployment, it’s a myth that they want to help people in to work, incredible isn’t it, that is their remit, we must try our best to stop them.

    And that means everything these bastards say and do, then with very few exceptions we say and do the exact opposite.


    Comment by dwpexamination — August 15, 2012 @ 6:04 am

  326. I have my tribunal tommorow and feeling quite sick about it its taken 13 months for a date i have lower leg deformity which after 8 unsuccessfull operations has caused severe osteoarthritas, i have since had a leg alignment op and wont be fully healed til october and walk with crutches and im now waiting to have complete knee joint surgery, i only scored 6 pionts in my so called medical i could have been assessed by a vet it wouldnt have made a blind bit of difference, she didnt have a clue, she stepped back in disgust when she asked me how far i could bend my knee and my knee made a crunching cracking sound, she lied on the report about how i walked the 14 meters to the room without any pain which was rubbish as i was struggling and in agony and stopped several times, my husband helped and assisted me through out the assesment like getting on the couch getting up from the chair,she put down i managed on my own, the list goes on… so tommorow i have to represent my self i could not even get help from cab because of the cut back, so im a bit like a rabbit in headlights any advice ?

    Comment by cat68 — August 15, 2012 @ 5:35 pm

  327. This is for the lady who has the leg deformaity and a tribunal hearing tomorrow, listen you will get through it but what you should have done was to get your medical records from the hospital that did your operations this would have been your evidence plus why has your gp not given you any letter of support? another thing why did’nt you get a welfare worker to represent you,i called my housing and an appointment was made and they came round to see me ,i think thats awful that you have to go to a tribunal,my hearing has lapsed because i had too much evidence and i got a letter saying that i dont have to attend my hearing,medical evidence is key here,you have to act quick though when you want your medical records because it can take up to 40 days for them to send them,you should have done this right from the beginning i wish i knew about your case a few weeks back because i could have given you the advice you needed,i hope it goes well for you im sure it will stick to whats wrong and you’ll get through it,if you get knocked back then go for another appeal but make sure you get someone to support you and get your medical records you will have to pay but it will be worth it,let me know how you get on and the best of luck,im still waiting to hear what group im gonna be in as ive not heard back from dwp since the decsions has been changed in my favour,just be positive and remember to reappeal if they refuse

    Comment by nikki — August 15, 2012 @ 5:51 pm

  328. Hi Nikki i forgot to mention that i have sent all my medical records that i have, going back ten years concerning my legs, so they have everything up to date including photos of the frame (taylor spatual that was fitted to my leg and now removed after 6 mths) i did go to the cab but all they could give me was advice that i already new about. They said i couldnt get legal aid, i also had a letter from dwp called supplementary submission saying that some of the notes and letters i had sent were not relevant.
    My condition has not changed its just that its 13mths later and things have progressed in terms of treatment, and the alignment op had to be done so that i can have a successful knee replacment in a few months time, i still have osteo arthritis so its very relevant… its so frustrating

    Comment by cat68 — August 15, 2012 @ 6:09 pm

  329. hi again where did you send your medical evidence to?i sent a batch to the tribunal and the dwp,dwp asked me if i had any medical evidence i sent them and the tribunal asked if i had any and i sent them a batch,it can really help if your mp were to support you even if its just a letter,your problems have been as long as ive had problems,i even found things in my medical records that i did’nt even know i had,did dwp ask you for further evidence?and did you send them on?what happened,im still in shock myself as i did’nt score no points at my medical so it seems my evidence helped,do dwp know how long you have had your problems?

    Comment by nikki — August 15, 2012 @ 8:35 pm

  330. i sent them to tribunal and then i got copies back so i know they have everything i still dont feel its enough, no one has asked for more evidence they now have everything i have just written a summary of my case im hoping they will accept the notes tommorow im just doing things off my own back hope it works, let you know .

    Comment by cat68 — August 15, 2012 @ 9:18 pm

  331. ive just recieved a call from the tribunal to say not to come in the judge has read through my notes and iv been awarded the pionts but in the work related group can someone explain what this means , im really pleased that they recognised that i have a condition but what now ?

    Comment by Anonymous — August 16, 2012 @ 10:29 am

  332. i think its a matter of waiting to hear from the dwp because the wrag group means you have to show them that your still looking for work,im sure thats what it means

    Comment by nikki — August 16, 2012 @ 11:15 am

  333. Annonymous…Be careful, are you on income related WRAG ? or Contributory related WRAG ?.

    Comment by dwpexamination — August 16, 2012 @ 11:52 am

  334. i dont know what im on yet as im still waiting to hear, as dwp changed their decision in my favour i have not been told what group im in yet im still waiting

    Comment by nikki — August 16, 2012 @ 12:18 pm

  335. i was on contribution but that stopped in april,iv has nothing since

    Comment by Anonymous — August 16, 2012 @ 1:32 pm

  336. Anonymous…You need to see if you are entitled to income related, there’s certain criteria though, Contributory ESA (WRAG) is only available for a year and it’s also retrospective and that’s why your money was stopped.
    When you apply for Income related ESA they want to know how much your partner earns and how much you have in the bank and so on. For instance if your partner earns more than £149 per week then income related ESA is not available.

    If you ask Iain Duncan Smiths why he is doing this, he will tell you that he doesn’t want to see you rot away on benefits, the so called carrot and stick approach, as you can see there’s no carrots, just help you find work by beating you with a big stick.

    Comment by dwpexamination — August 16, 2012 @ 2:37 pm

  337. i dont have a partner,do i need to wait for dwp to contact me,and if i need to apply for esa is it yet another form to fill out,i was on incapacity and income support due to ill health,ive had the same problems from 12 years ago

    Comment by nikki — August 16, 2012 @ 6:06 pm

  338. Hello Nikki.

    Well that’s one barrier out of the road, next problem, (How much money ya got ? in your bank account/s) there is a limit, go over that limit and they give you nothing.
    Yes if you need to apply for ESA income related it’s more forms to fill out, of course these forms are deliberately designed to drive you round the twist, well you can’t expect them to make it easy for us can you ?.
    Doesn’t matter what happened 12 years ago, it will be treated as a new claim, hence the reams of pages to fill out with the same mind numbing questions you’ve answered dozens of times before.
    Look upon it as a game of who gives in first, just make sure it’s them who give in first. By the way, you should seek some help from the CAB or a welfare rights officer, because things can get complicated, there’s obviously a reason why they will not give you money, but they do make mistakes all the time, sometimes deliberately, so please get it checked, don’t let them get away with anything.

    By the way…They never contact you for anything unless they are forced too, especially where money is involved..!!

    Comment by dwpexamination — August 16, 2012 @ 6:28 pm

  339. i have a welfare worker

    Comment by nikki — August 16, 2012 @ 7:00 pm

  340. Congratulations on winning your tribunal! I had my hearing six days ago and I’m very pleased to say I won. My hearing was quite tough though, the judge was in my opinion, trying to trip me up by repeatedly asking the same question but from different angles. I truly believed I’d lost. I was in there for just over an hour! However, justice prevailed. I have to say the other two gentlemen were really sympathy towards me. I didn’t want to go and it took a huge amount of courage, plus support from my husband and advisor from the CAB. I’m glad we fought back against ATOS and won. I got no points in my examination. So good luck to everyone in your appeals.

    Comment by mags — August 23, 2012 @ 10:20 pm

  341. Hello mags.

    Remember as soon as you get your acknowledgement and backdate money from the DWP you will called again to the house of miracles, so be prepared http://www.dwpexamination.org.

    Comment by dwpexamination — August 24, 2012 @ 4:51 am

  342. hi can anyoine help, I am representing my partner at a tribrunal and wonder what Im allowed to say and not say, she suffers from severe depression and psychosis and is not really up to answering all this stuff… in fact shes on the brink of just saying forget it, but I REALLY dont want to, any help much appreciated, thankyou

    Comment by tony — August 29, 2012 @ 3:46 pm

  343. hi you need to take whatever letters you have concerning your partner,medicines tablets,letters from councilling if shes been going that is, also a letter from your mp or gp,it would have been better if you had someone representing your partner whens her hearing?

    Comment by nik — August 29, 2012 @ 4:58 pm

  344. So much distress…

    Comment by Jenny Clarke — September 3, 2012 @ 2:24 pm

  345. Sorry cant use this voice control..have received esa50 to change from ICB can’t get past the 2 page..mental capacity gone..can’t write..can the welfare rights help..my consultant is writing a letter saying home visit as physical danger to myself..but I understand from others they ignore them..how can they be allowed to ignore them…

    Comment by Jenny Clarke — September 3, 2012 @ 2:27 pm

  346. Hello Jenny.

    I suppose the reason that they ignore them is because they know that around half the people they ignore will relent and turn up at the ATOS centre to be assessed.
    Only the other half left, and they turn the screws on them until the last minute, so what it all comes down to is how long you are willing to stick it out for, if you die in the process of waiting for them to give in first then so be it, they don’t care.
    Because remember the programme last month ”Dispatches” they said it themselves and I paraphrase ”The good thing is we don’t have to take responsibility for anything” in other words if you die waiting for a home visit, it’s not their fault, they have been assured nothing will happen to them..!!

    Comment by dwpexamination — September 3, 2012 @ 6:24 pm

  347. Well in that case..I will refuse to attend as i will be of risk of physical harm to myself..and ask my MP to ask why they are ignoring professional medical advice…in fact I’ll ask my MP to be present as a learning curve…interesting ..he’s a Tory….maybe he’ll help with recording it….

    Comment by Jenny Clarke — September 3, 2012 @ 8:10 pm

  348. hi jenny clarke if you dont mind me asking have you been to your appeal yet?also if you dont mind me asking what are your health problems as i may be able to help you,as my appeal lapsed because i sent alot of medical evidence to them thanks

    Comment by nikk — September 3, 2012 @ 8:51 pm

  349. Fibromyalgia, diabetic neuropathy chronic spondylitis of lumbar and cervical spine depression, anxiety/ panic attacks.OCD….I’m sorry this stupid word speech software is useless..neuropathy is in fingers and feet…no haven’t had the medical yet just the form I can’t comprehend

    Comment by Jenny Clarke — September 4, 2012 @ 8:53 am

  350. i would’nt worry too much because you can get yourself into a real state like i did,i had my medical and they scored me 0,you will need to go through the medical if they say so,i would’nt worry though because more than likely you will score 0 aswell as they are doing it to everyone,what they will be looking at is if you can move your arms and feet once you’ve had your medical they will contact you with the results,you never know your medical could be different,once you have the results depending on the outcome,start getting all your medical evidence together,a letter from your mp would be brilliant and one from anyone else who sees you,make sure you make up to 3 copys of everything,as dwp may want to see them because you may get a letter from dwp letting you know they may reconsider their decsion,this is standard you will also get a letter from the tribunal asking you to send any medical evidence aswell,once they look at it they will let you know when your hearing will be,however dwp may reconsider their decision if your medical evidence is strong they may change their decision but it can be a long process,my appeal lapsed as my evidence was strong so i did not need to attend,but im still waiting to see what group im in,my welfare worker has said that they are just messing about and he will contact them,if you can get a welfare worker that would be good,i got mine through my housing,let us know how you get on,but please dont panic

    Comment by nik — September 4, 2012 @ 10:27 am

  351. Many thanks…hard not to panic..the distress the horror stories….isn’t all this an abuse of our human rights..how can they be allowed to let non qualified people do these assessments…

    Comment by Jenny Clarke — September 4, 2012 @ 11:22 am

  352. jenny your guess is as good as mine ive no idea, i found out that the woman who did my medical was a physiotherapist,but its early days with me still even though mines been going on since march i still dont know what group im in but im expecting the worse,also i refuse to have any kind of contact with them over the phone,any correspondence you send them make sure you send it recorded as they can say its not been received,good luck let us know how you get on

    Comment by nik — September 4, 2012 @ 3:32 pm

  353. Thank you..they won’t get me ont he phone I don’t answer….this whole business is a horror story..how are they getting away with it…is there any MP even questioning them or setting up an enquiry into how they can use this company without PROPER medical qualifications in the areas of people’s illness…

    Comment by Jenny Clarke — September 4, 2012 @ 4:28 pm

  354. its seems like thats the system,you will get through it though,since my medical ive had more things come up concerning my health,some things i have to cope with and some things i cant but i try my best,good luck

    Comment by nik — September 4, 2012 @ 6:31 pm

  355. Failed, failed, and failed again. Brief description, I suffer with cronic pain, due to a fracture to the base of my skull, some 15 years ago. After a car accident 4 years ago, it aggited the condition which I could manage daily before the accident, the pain is so bad that a mixture of painkillers is needed from Co-codamol, Oramorph, MST;s and gabapetnin, and other anti inflamitries, silly things like being startled can set it off even worse, just a car beeping of a emergency vehicle passing with sirens going. Walking is an issue due to being confused, and an onset of anxiety and depression because of the skull problem, and no way treat it at present due to other complications.

    I have my son every other weekend but I dont go out with him because Im a danger to myself and others around me, and if I do go out it is always with a friend who can drive and has time, I have several friends that are always able to help. I cook in a microwave because Ive burnt my Kitchen twice through forgetting I put something on, my friends will use the cooker if I have my son. My ex although I am the anti christ in her eyes is understanding and fully supports me.

    So to the point, Atos medical 0 Points, doctor was more interested in what I use to do for a living, and what my son does when he stays with me.

    Tribunal Due to post going to a neighbours who had left the property I only had 3 days to prepare my argument to the tribunal, CAB was extremly difficult to get hold of, due to over worked and being closed on fridays. The doctor asked his routine gp questions then when I explained that surgery is possible but I need appointments with other specalist because simply cutting away scar tissues from the skull could cause the right side of my face to drop, it currently has weakeness due to the skull fracture. He laughed and said no doctor would touch me. So at the end of what seemed like a wste of time I scored 9 points this time. But still not enough to pass any tests. 1 week later got kicked off esa wih out notice, and lost expected money, having to reclaim. Doctor is livid, and so are 2 specialists.

    Did my research on Atos doctor nothing came about on the web only his GMC registration, but the tribunal doctor was registered to practice, but further google searching found he had a disaplinery in 2005/6 for getting people to come to his house to pick up death certificated for deceased relatives, he was order to not practice with out supervision, and a few other things. I dont know how long they stay for, but one of the excuses he used was he was also doing private work for the dwp. I kow its the same doctor as the name is very unique.

    Im keeping my spirits up, Just, the cab are unsure if I have a case for appeal again, so I am just waiting and seeing.

    Comment by vimtoism — September 7, 2012 @ 6:20 pm

  356. Vimtoism…A DWP Dr on an appeal panel, it’s a disgrace, how can that be impartial ?.

    Comment by dwpexamination — September 7, 2012 @ 6:50 pm

  357. Hi again, I don’t know you can recall my earlier post, that I had won my 1st Tier Tribunal for DLA. It was an ordeal to go through and it seems I may have to go through it all over again. The DWP have wrote to me saying the are going to request to see the 1st TU decision and that could take months, so they will not be paying me any of the monies owed since March 2012! The CAB have told me that they are stalling for time as my ESA Tribunal is on the 24 Sept. And if I win, they may drop their appeal but if I lose they may carry on with it. The stress is enormous, I’m completely distraught by it all. I have the support to fight on but I don’t know if I can cope with it all. I know they can only appeal if there has been an err in the law and the judge will be very annoyed that they are questioning his knowledge of the law. I am so frightened.

    Comment by mags — September 10, 2012 @ 11:07 am

  358. Don’t be frightened, there’s thousands going through the same process so you are not alone, you will win again, so stay positive, at least you have help, you wouldn’t believe the amount of people out there who have no help and have to go through this on their own..!!

    Comment by dwpexamination — September 10, 2012 @ 12:33 pm

  359. I have my tribunal hearing today and my representative is on annual leave and so I will be going it alone, I decided that after 9 months of waiting to get to this stage I could not wait any longer to get the process over with. For me I have had arthritis for many years, have a hearing problem which is annoying as my hearing aid is irritating, but mainly breast cancer 6 years ago and the treatment has caused the quality of my life to go down, I have been left with lymphodema I have had 15 breast infections and have intolerance or allergic reactions to many medications now some which make me really ill and dont show up until the course is finished. I am in pain every day sometimes severe. I found your article very interesting and much the same as my own medical with Atos, there was a great deal of ignorance on the behalf of the examiner and many times during the medical where I felt uncomfortable and disbelieved. I scored no points also and then discovered that my medical had been carried out by a registered nurse and not in fact carried out by a doctor, now forgive me if I am wrong but there is a big difference between doctors and nurses. I do not feel very happy today I am very worried about the whole process even though I know how ill I am. My Gp has told me not to worry but that is easier said than done. I feel as though I have to prove I am not a liar. I should know by the result around 4pm today!

    Comment by violet Lattimer — September 11, 2012 @ 8:47 am

  360. Hello Violet.

    Concentrate on the descriptors, the descriptors that apply to you are everything and is what will get you points, not how much pain you are in.
    The walking descriptor, the standing descriptor etc etc. Tell them about those walking problems and so on, they will ask you about them.

    Comment by dwpexamination — September 11, 2012 @ 9:27 am

  361. My prayers go with you.i so feel for you going on your own..I sincerely hope you will get the result you desperately need..much love

    Comment by Jenny Clarke — September 11, 2012 @ 9:53 am

  362. Well it was 5.10pm when the hearing was over and I feel exhausted there were many questions and I got the feeling I was being interogated to some degree, do not get me wrong they were very nice to me and I was as honest as I could be but I still felt like I was being looked at sideways so to speak, when they called me back in I was told I had failed although I was given 12 points they did not seem to consider my hearing problem at all, I assume because I could hear the doctor mind you I did have my aid up as loud as it goes, there was only a couple of times I had to ask him to repeat what he said. I feel absolutley drained, I don’t know what to do next although I think it will be asking for another hearing with the next tier. I am so angry that my GP has not replied, his holidays should surely be over by now. I hope that by the morning I have regained my strngth to fight on and I sincerely hope all those people who have milked the system for years faking illnesses get their just deserts for making it so difficult for genuine people to get what they rightfully deserve. If I wasn’t so angry right now I would be bloody suicidal!!!!! thankyou for your best wishes and mine back. I don’t know how long this is going to take now but whatever happens I will not go alone.

    Comment by violet Lattimer — September 11, 2012 @ 5:07 pm

  363. I’m so sorry…another victim..we are all in it together..xx

    Comment by Jenny Clarke — September 11, 2012 @ 5:24 pm

  364. Won my appeal on 1st August 2012 at the Tribunal, after 11 months of waiting and awarded my points I think 18 from 0. Was sent to the Job Centre Plus on 29th August 2012. The advisor said this is ridiculous you are here. I cannot put you in a group as the Tribunal have said you have been entitled to ESA and you should not be examined again until August 2013. That was their ruling. They sent me to a Jobcentre Plus to have my interview that has no lift and said she will see you on the first floor. I said as I have mobility problems I cannot climb stairs. She had to come to meet me downstairs in front of people signing on for Jobseekers Allowance. She said in future she will do telephone interviews with me until ATOS get me again in May 2013. This worries me as are they going to say I have been awkward about attending.

    Comment by lesley wheelwright — September 11, 2012 @ 6:59 pm

  365. Hello Lesley.

    When you won your appeal did the panel recommend the support group ? or were you put on the work related activity group ?.

    Comment by dwpexamination — September 11, 2012 @ 8:35 pm

  366. Hello Violet.

    You don’t need to sign on for work, you can re-apply for Employment and support allowance, even if you have already signed on you can ask for the ESA form and as I said re-apply.

    There are two conditions though, the first is at least six months have had to have passed from the date you were informed by the DWP decision maker (Not the date of the assessment) that you were fit for work.
    The other condition is there has to be a worsening of your present health condition or you have a new health condition.

    If you can meet that criteria then you will have no problem re-applying as long as your GP will supply you with sicklines.

    Comment by dwpexamination — September 12, 2012 @ 8:21 am

  367. Hi
    I won my tribunal last week after one year of dishonesty and delay. I waited 6 months for a review .Then they lost all my papers. They lied and misled for a further 2 months. Received help from my MP .Started to receive assessment rate of ESA which I should have been receiving Months before. Then I received copies of the medical report . I couldnt believe my eyes I seemed to have answered questions the Medical assessor never asked. Apperently i used a bus every day. I havent used a bus for Years. Id managed very well moving from seat to couch when the reality was he had to help me . I could go on. Anyway 0 points . I wont go into my problems except to say I have a spinal problem.
    Did quite alot of preperation for the tribunal wrote notes .
    At the tribunal there was a very fair and understanding Doctor and a very forthright Lawyer although he was fair too. Lots of presumptions and assumptions by the assessor . I told them of many misleading and inaccurate facts on my medical form. I answered questions clearly and accurately.My medication had been listed but 6 items were let out. I had taken along my prescriptions from my GP to show what I was taking.
    I was given 15 Points . with a review in 12 Months.
    I was determined not to mislead the tribunal in anyway . I was honest has I had been at my medical about my problems. As is the case with people here Id love to work. Id left a job i loved due to my medical problems . i told them this.
    The Government should be ashamed of this unfair cruel legislation. People going around in circles having to live on nothing whilst incompetent medical assessors earn their company thousands .Many people have suffered both mentally and physically whilst wading through a system in which even the benefit agency doesnt understand good luck to all

    Comment by Anonymous — September 16, 2012 @ 9:10 pm

  368. Even if your legs come off they will fail u , It’s some sort of politics they play , I’m well experience with Dwp as I’ve been claiming for 10 years plus .
    The only way is independent tribunal , they will asses you fairly and honestly ,

    Comment by Alyf — September 16, 2012 @ 9:22 pm

  369. That might have been your experience with the independent tribunal Alyf, but it hasn’t been mine and thousands of others.

    Comment by dwpexamination — September 17, 2012 @ 5:50 am

  370. Hello Anonymous.

    Good result…But you said good luck to all as if that meant you are going on holiday for a couple of years and the games over, sorry I don’t want to frighten you but the game has just started and there will be no review in 12 months as the tribunal well know.

    Incredible isn’t it ? the tribunal write these idiotic recommendations and the DWP and ATOS just ignore them, now you have got to ask yourself are the tribunal really that naive ?.

    Of course they’re not, so be prepared to hear from ATOS anytime in the form of a white envelope, once that happens your illusion about fair tribunals and recommendations will be smashed for ever. But hey, don’t take my word for it, experience is the best teacher.

    Please contact us in a couple of months and let us know how you get on at your next assessment..!!

    Comment by dwpexamination — September 17, 2012 @ 6:01 am

  371. I agree with you and I certainly wasnt setting myself up for a Year off. I well know what happens re the white envelope hence my comment re going around in circles. I guess it reflects an unfair system set up by millionaires to enable them to cook the books . Im under no illusion but my experience was that I received a fair hearing at the tribunal. Maybe my next tribunal will be different . I would still say that being honest and taking your time to digest and answer questions is the best way.I cant afford a holiday having been on £71 per week for a Year but Im hoping to work again if lucks on my side thanks again

    Comment by Paul Jenkinson — September 17, 2012 @ 7:05 am

  372. Cheers Paul, glad your one of the enlightened ones, you wouldn’t believe what’s out there…LOL.

    Comment by dwpexamination — September 17, 2012 @ 11:34 am

  373. forgot to mention of course that after a year waiting for an appeal./decision etc my ESA stops next week even before ive received it. My wife works so i cant claim anything for 12 weeks when I will re claim ESA and the whole rotten process starts again

    Comment by Paul Jenkinson — September 19, 2012 @ 2:53 pm

  374. You should get money back Paul, that’s the working component which they deduct while you were waiting for the appeal to be heard.

    Comment by dwpexamination — September 19, 2012 @ 5:31 pm

  375. It seems i cant claim esa again after my 365 days The irony is Im going to get my letter telling me My times up before I get my letter telling me im entitled to esa following a tribunal which as I said took a Year .Seems I cant claim anything at all

    Comment by Paul Jenkinson — September 21, 2012 @ 10:53 am

  376. Hello again, just wanted to let you know I won my ESA appeal today. I’ve been put in the support group for a year. They awarded me 27 points today, initially Atos awarded me 0 points. The tribunal only lasted about twenty minutes, compared to my DLA tribunal,that lasted just over an hour. I’m just waiting to hear back from DWP on whether they will go through with their appeal on my DLA victory, so it’s not over yet. However today hurdle is over and I can maybe have just a small breather before I’m recalled again.

    Comment by mags — September 24, 2012 @ 4:14 pm

  377. Another good result mags, we need to win as many as possible to prove (Amongst other things) we are right and they are wrong, this article in the Scottish Daily record today will help, who knows it might have even helped you today, as I said who knows.


    Comment by dwpexamination — September 24, 2012 @ 4:29 pm

  378. I don’t feel that tribunals are always independent. Indeed i feel that it’s a matter of luck not so much law in that too. My wife is clearly unfit for work and yet the tribunal scored her 0 points (after an ESA scored 0). I think it could well come down to how ‘clever’ one is in answering questions to some extent and whether the tribunal want to find out what really is wrong with a body…or not. I’ve seen so called ‘independent tribunals’ in other areas of law and they really aren’t always as ‘independent’ as they would have you believe or perhaps they are swayed by lack of information and their remit is not to try to elicit the necessary information because, as we were told, ‘we can only view the information provided at your assessment’ which, of course, was highly biased. What they didn’t examine was the fact that my wife’s chronic depression is fluctuating but that she is depressive more than she is not. The ESA form declared her as being on medication for depression but at the assessment she was not. Therefore the tribunal accepted she was not on medication (although they had a copy of the form telling them she was on medication at the time of filling that form). There are other medical issues for my wife also but something else that went against her was that she presently receives DLA at high mobility rate and the tribunal medical representative simply said, ‘if you can drive i’m surprised that you haven’t been told not to by the DVLA’. We believe from that single comment my wife lost her appeal because, even though the tribunal was told my wife drove very little only when she felt she could, then less than 2 miles to surgery and that 2 other drivers drove for her it wasn’t acknowledged. There were many similar conclusions erroneously drawn during the tribunal and so the appeal failed.
    I was told by the tribunal clerk that best estimates are that only 6% of ESA (less than 1 person in every 10) claimants are falsely claiming yet only 3 or 4 claimants (from 10 appealing) are successful on appeal? If you believe these stats then at least 4 or 5 from every 10 appeallants are viewed unfairly by tribunals and should be receiving ESA.
    What will these people do having had, rightly or wrongly, their ‘income’ removed? There are no jobs available to the majority of such people, they simply aren’t there. This move to remove people from benefits like ESA is not viewed properly at all when the ‘big picture’ for Cameron’s ‘big society’ hasn’t been considered! Such people could end up in hospital, in prison or entering the black economy and that, i would suggest, will be more expensive than paying them benefits. This government are relying on fear and/or apathy to get this through and so far it’s ‘working’ for them. They are also relying on the public who do work ad their believing that ‘all’ benfit claimants are lazy good for nothing cheats, they couldn’t be more wrong.

    Comment by Huw D Jones — October 9, 2012 @ 10:13 am

  379. Hello Huw.

    Your right, some of these panels are not impartial, and I believe you are right again, they have taken the view that if you can get in to a car and drive then you can work as a van driver.
    It’s even more deadly to admit that to a tribunal for DLA in my opinion, everyone so far that I’ve heard have lost their appeals for DLA when they started talking about driving.
    Of course there may be exceptions, I just haven’t heard them yet, would be interesting if there’s anyone out there who drives and admitted this to a tribunal and were still granted DLA.

    Comment by dwpexamination — October 9, 2012 @ 3:38 pm

  380. No I just got my DLA and motorbility at the higher rate and said I could not drive as indeed I can’t. I think a lot of people think if they say they can drive rather than walk any distance that they will get it and really that should be the case.

    Comment by Anonymous — October 9, 2012 @ 3:49 pm

  381. Hi & thanks for your reply. Thanks also for having the same beliefs as myself and, no doubt, countless others. There are many, many people in receipt of DLA who have, and drive, their cars regularly and not just pensioners either. What was particularly unfair and damned annoying was the huge leap from ‘you have a license & you drive (even if only very seldom) to ‘you can drive, ipso facto (to use the oft used legal latin!) you can work??? How is the average person supposed to really know what to say and, just as importantly, how to say it, especially at a tribunal?
    In answer to comment by ‘Anonymous’ i can say only that being able to drive i.e.holding a valid license, even if the DVLA have not told a license holder they must submit their license for revokation it does not necessarily follow that one is ‘able to work’ as many DLA claimants who are drivers will no doubt be able to confirm. In my wife’s case if that is added to her other problems she still cannot work (even if the jobs were there, which they aren’t and that’s the bigger, unrecognised, picure).
    Greatest good luck to anyone who has to sit (if they can!) through the assessment and then a tribunal.
    In answer to many who have written that ‘a tribunal is fair’ i would say that that may be their experience but it is not the experience of the majority of people and i don’t for a moment believe that more than half of people claiming or who were claiming are ‘faking i, the figures simply don’t add up especially when one reads that according to govt stats less than 6% i.e. less than 1 in 10 people are ‘swinging the lead’ to coin a phrase.

    Comment by Huw D Jones — October 9, 2012 @ 4:20 pm

  382. Hi Huw.

    Consider this, 40% apparently win their appeals for ESA, supposed to be rising to 70% if represented by the CAB or welfare rights, so then, if 40% win their appeals (Unrepresented) that means 60% are losing their appeals, think about that Huw ?, that strongly suggests that the tribunals are taking the ESA85s seriously, even though they are in full knowledge of ATOS corruption and full knowledge that since the claimant is appealing then it means the appellant is saying ATOS are lying and not being taken seriously by the tribunal service.

    To me, that’s the biggest scandal of all, these tribunals sit there in judgement of people knowing that the assessment reports are fabricated, but still they carry on with the circus, still they give these assessment reports credence, and they’re supposed to be impartial ? it’s nothing but a charade and these appeal panels know it, as far as I’m concerned they are up to their necks in corruption as well.

    Comment by dwpexamination — October 9, 2012 @ 9:00 pm

  383. I was receiving ESA and received a letter to attend a tribunal on the 20th February 2012. I read I had to bring with me my assessment document. I had never received this document so contact the Clerk of the Court asking for a copy and an explanation about the document. I was told they would try to send me a copy but if I did not receive one before the tribunal date the clerk would let me use theirs and to come early to the court. I never received a copy so came to court an hour early but was unable to see the clerk of the court. I was given the document which as about 70 plus pages 2 minutes before I was called into the tribunal. The clerk told the judge and the doctor I had not seen the document but they felt that was not an issue. I was questioned on this document which was over 2 years old. Now I have a copy of the document I can find several things incorrectly recorded. It says I walked into the centre, which was correct but I was on crutches. I stood up from an armless chair without assistance, which was correct but I used one crutch and the edge of the desk in front of me to assist me stand. I was never given an opportunity to appeal the assessment and lost the tribunal hearing. I want to appeal but am struggling on where to get help and I struggle with concentration due to the drugs I am prescribed. Can you help please?

    Comment by christine williams — October 13, 2012 @ 5:24 pm

  384. Hello again everyone, I just wanted to pass on my much welcomed good news. After months of battling and worrying over my two tribunals. The DLA have decided NOT to continue to appeal against my victorious DLA tribunal hearing. I know they were just waiting to see what the outcome would be from my ESA tribunal. However the hearing was a success and I can have some peace of mind until next October. I would just like to thank this site for much needed support and information. And good luck to everbody battling to prove ATOS have made so many errors and judgements time and time again.

    Comment by mags — October 16, 2012 @ 7:15 pm

  385. Thanks for that Mags, and good luck in the future.

    Comment by dwpexamination — October 16, 2012 @ 9:18 pm

  386. Well done, sadly for many they have not had such a good outcome. The system is unfair and unjust in the extreme. It seems even the tribunals can be just as unfair although that what they are NOT supposed to be.

    Comment by Huw D Jones — October 17, 2012 @ 4:22 pm

  387. Got a letter on Friday I won my appeal ws put in Support Group was over the moon until Saturday when I was sent a ESA50 form to fill in and send to ATOS, so it looks like it all starts again so unfair

    Comment by minniemates — October 21, 2012 @ 2:16 pm

  388. That’s what they’re doing minnimates, and been doing it to almost everyone, it’s a moneymaking racket, and the sooner we get rid of these cowboys the better.

    Comment by dwpexamination — October 21, 2012 @ 9:54 pm

  389. Yes I agree so unfair it is always those who need it the most who have to fight and keep on fighting, everyone is out to make money and don’t care who gets hurt in the prosses. Will take my time filling in the form and sending it off.

    Comment by minniemates — October 22, 2012 @ 9:05 am

  390. hi there forum members,its been quite a while now since i last posted as i have had a lot of physical ,mental and outside worries like housing to keep me occupied.having recieved an esa 50 exactly 8 months after winning my second tribunal in a row,i’m now having to go through another atos medical on tuesday.i have no doubt what so ever that it will be nothing but a liteny of half truths ridiculous claims and outright lies,like on the three previous occasions 1for incapacity and 2 for esa.i could not put right the scandal of the first incapacity hearing as the tribunal had difficulty with my gp dragging his heels on treatment and they thought i was not pushy enough with my gp and i had no solid proof of my problems so they gave me enough points, casting aside the dwp score, but sadly i fell foul of clashing descriptors,and my 16 score was demoted to 13 that was back in 2009 ,and it was still more by 10 points than the dwp gave me . isubsequently over turned bad dwp assesment scores in 2010 and in 2012 at tribunal hearings having had comprehensive consultants reports about my spinal disease,asbestos lung condition,hernia,skin condition,and the subsequent depression i suffer .yet still even though my brother and carer,has written to the dwp and atos it would seem i have to go through ,the depressing ,stressfulll, procedure once again.heaven knows how much they have spent out of tax payers money trying to prevent me from receiving what the law says i am entitled to providing i meet the criteria which i plainly do ,it must easily overshadow by a huge amount what i have actually received in victory.i am now firmly of the opinion it is not about the money i am a 48 yr old mine with degenerative ilnesses which cannot be helped,they are chronic and they stop me from functioning properly as i would like to and have resigned me to the physical and mental scrapheap so to speak ,so in the eyes of od ian duncan smith et al i am to be remorselessly punished in these cash strapped times of high unemployment wether i like it ,or the public likes the negative cost of it all.

    Comment by larry — October 28, 2012 @ 11:13 am

  391. Hi Larry,
    Sorry to hear about the problems you have been having the system is so unfair, what they are putting people through. Like you I have problems with my spine, and emphemesa. I don’t sleep very well due to pain and the Medication I am taking along with my problems make me very tired yet they first off decided that I was fit for work. I appealed and won but very next day was sent a form to fill in yet again not compleated yet as it takes me ages. How can they keep on asking people to fill in forms, take medicals, give them different awards each time. In most cases the person is either the same or there condition has got worse. If their GPs and consultants don’t want to see them because their conditin isn’t going to improve or their medication isn’t going to change then why do ATOS assume that they should keep on requesting people attend medicals. Only reason is that thye are getting money for everyone they can get off claiming and back to work no matter what the cost.

    Comment by minniemates — November 4, 2012 @ 4:32 pm

  392. first-tier tribunal refused what to do now ? sick note off docter not fit for work, i did not go to the appeal was ill i rang up told them i was ill ,appeal was at 16.00 friday got letter next day refused.abit odd to me dont think thay read any thing off me not even a letter of my docter, this all stared back 10/01/2012 when a decision was made by the dole after seeing them wankers atos got all sorts wrong with me.just want to know if i can appeal again and will my bit of money i get stop now and will i have to sign on ? thanks

    Comment by lorraine — November 4, 2012 @ 11:40 pm

  393. Hello Lorraine.

    You can re-apply for ESA, you have a sicknote, and more than six months have passed since the DWP decision maker informed you that you were fit for work, the other stipulation is your condition has to have worsened or you have a new health condition.

    So even though the tribunal has found you fit for work, what most people don’t realise is that they found you fit for work on the date the decision maker found you fit for work, they are not saying you are fit for work today, just when the decision maker said you were, that’s the reason why you can re-apply for ESA rather than having to sign on.

    Comment by dwpexamination — November 5, 2012 @ 8:08 am

  394. hi lorraine if i were you i would either write or phone the tribunal and ask them and contact the dwp do what you have to do but keep copies of everything you send and get all letters to dwp registered its like a merry go round still waiting for dwp to get back to me since 2nd oct as ive been placed in the wrag group,i now realise the wrag group seems no different to jsa as the place i was sent to had no idea that me and a few others were on esa,however the people were very nice,i told them im not signing anything as to sign is like letting them know that your not really sick,im sure any day now i will get that dreaded brown envelope,they need to bloody reply to the letter i sent them im sick and tired of these people they just wont let up,explain to your gp whats happened he may be able to write you a letter to pass onto the tribunal but be prepared you may have to go to the appeal again i dont understand why thats happened to you,but best of all dont panic,do you not have anyone to reperesent you,like a welfare benefits advisor?if you do contact them and explain whats happened,good luch let us know how you get on,the wrag group have said that they will do a telephone interview for me once a month,lets wait and see as im sure im in a for a nasty surprise soon

    Comment by nik — November 5, 2012 @ 9:08 am

  395. ive rang the tribunal people up thay say i have to rite in saying i want to appeal again plus i want all paperwork on my case sent to me.. and then rang walfair rites people up awaiting them ring me back said thay get someone to ring me that 4 hours ago :( i rang d.h.s.s thay send sending a form out about appealin again dont understand any of it getting me down now all this is… thay never said id get payed on monday or nothing i get payed every 2 weeks in my bank a/c its essa or something payment off them.60 odd pounds a week … im not sure what this WANG or whatever its called is never heard of it :( sureley thay have to pay me on monday sick notes still in date :(


    Comment by lorraine fletcher — November 5, 2012 @ 2:54 pm

  396. Hi Lorraine.

    This is the DWP we are talking about, they are a law unto themselves.

    Posting stuff to them and forgetting about it is no longer an option, these people are criminals, don’t take my word for it please, you will find that out for yourself soon enough.

    All correspondence to these miscreants must be recorded delivery, far to much letters and correspondence are being lost, everything is being lost, sick lines, appeal papers, ESA85s etc, this is no coincidence believe me.

    The welfare rights and any help they can give you is the way to go, keep in touch with them, they are experts in dealing with the tribunal service and the DWP.
    As for money Lorraine, it’s in the lap of the gods whether they decide to pay you as soon as possible or whenever they feel like it.

    So the best chance is to appeal, send them an attached sick line ask for the assessment rate and pray.

    The WRAG is the work related activity group of Employment support allowance, as opposed to the Support group of the Employment support allowance.

    Comment by dwpexamination — November 5, 2012 @ 7:19 pm

  397. its was the court i rang for paperwork and to appeal again thay told me to rite in…. plus rang d.h.s.s thay said thay sendin a form to appeal again im lost dont understand :(

    Comment by lorraine — November 5, 2012 @ 8:03 pm

  398. Lorraine…You say your in contact with welfare rights ? if so then they will deal with it for you, check with them first for confirmation, if you do nothing then nothing will happen, you must take action.

    Comment by dwpexamination — November 5, 2012 @ 9:10 pm

  399. there was thing on here about how thay award points for medical. cannot post me the link please. as i cannot find it :(

    Comment by lorraine — November 7, 2012 @ 6:41 pm

  400. Lorraine.

    Think up a username and log in here http://www.dwpexamination.org
    and go to the useful links page.
    If your not sure about anything just ask on the General discussion page and a link will be supplied for you.

    Comment by dwpexamination — November 7, 2012 @ 11:45 pm

  401. Hi Lorraine,

    Have a look at this site you can pay a subscription and it will give you all the info you need http://www.benefitsandwork.co.uk

    Good Luck

    Comment by minniemates — November 8, 2012 @ 8:52 am

  402. minniemates.

    I’m not being funny, but your having a laugh, paying ? paying for information you can get for free ?.

    Comment by dwpexamination — November 8, 2012 @ 4:21 pm

  403. I know what you are saying but It’s a one of payment about £18 for a year it gives you all the information you need tells you how to complete the forms with examples, and you can download all of the information, they also keep you updated about anything new that is happening. You probably can find all the information on the internet but you would have to keep on searching this for me was so much easier and has helped, tells you what to watch for when filing in your forms and how it can be interpereted. As you know these forms can be very difficult to work out what they are asking and confusing.

    Comment by minniemates — November 8, 2012 @ 5:06 pm

  404. Hello minnimates.

    If it helps people and they are aware that they have to pay a fee to ‘Benefits and work’, and moreover they would like this service then since we on this site have nothing against ”Benefits and work” then your post will stand for anyone who is interested.

    Of course if we experience any problems with any outside agencies, companies, news agencies, free lance journalists, ATOS/DWP sympathisers, that’s anyone we don’t like the look off, then they will be deleted of this site within one second.

    This site ? It’s free speech for the disabled and ill who are trying to attain their rights to benefits, not free speech for every Tom Dick and Harry or Tory lover to come on here using the site as a platform to spout their personal agendas.

    Regards Joe.

    Comment by dwpexamination — November 8, 2012 @ 7:19 pm

  405. Joe,

    I am sorry if I have upset you but I only gave this link to help other people like myself who are disabled. The name of the organisation benefits and work is just a name it is not about getting people on benefits back to work quite the oppisit it helps people like you and me who are disabled to fight those who are trying to stop our benefits. I am no Tory lover far from it I was born in the East End come from working class parents and have lived all my life in Council Accomodation, I have 4 children who all went to state school I have worked all my life paid my taxes untill my illness. I have been put through the same process here as everyone else and yes I want my rights to benefits. I think you have miss-understood what I was trying to show people please take a look at the site for yourself.

    If you wish to delete me then that is up to you.


    Comment by minniemates — November 8, 2012 @ 8:05 pm

  406. minnimates.

    Read my post again please, nowhere does it say I thought you were a Tory lover or refereed to you in any way, now I have other people who need help, I really haven’t got time for this.

    Comment by dwpexamination — November 9, 2012 @ 1:59 am

  407. well forum folks here we go again . after winning back to back tribunals over the last two years or so atos have bought the hammer down again and once again for the fourth time in as many years denied me a benefit i was receiving .namely esa.not only have they refused me yet again, and not withstanding the medical facts that i am progressively worse than ever ,they have deemed fit to remove the 6 points that they them selves have awarded me on the last two occasions, even a bond villian would blanche at this sort of behaviour.my medical this time around was the shortest ever around twenty mins or so ,she asked me next to nothing at all of any remote relevance to my esa 50 .she squeezed my hands played patty cake, patty cake with me,did an eye chart test? and then that was it i’ve never ever received such a poor assesment ,medical ,examination ,call it what you will in my life. i have immediately applied for her full report in writing,i have plans for a visit to my cab rep straight away,and to contact my housing officer as well its like a bloody millitary routine now ,i really feel as though i’m now at war with my own government,who seem hell bent on killing me ,and if not that then at the very least leave me destitute,and for the why i do not have the slightest clue ,i mean what the fXXX have i done to deserve this?i’m just getting older and disease and infirmity is asserting itself and i cant do anything about it .

    Comment by larry — November 22, 2012 @ 10:01 pm

  408. Larry.

    Well…We have been warning repeatedly on this Blog for the last three years or more that ATOS and the DWP are never going to give up, they are going to keep coming back and back and back until we do something about them.
    You have been here for a while Larry, so what they’re doing shouldn’t surprise you. This is not all about you Larry, no one has done anything to deserve this, there seems to be some kind of poisonous fog that’s emanated from the rivers of Britain or something that’s giving some people who are on ESA or DLA the impression that they are somehow exempt from ATOS scrutiny and assessments.

    Comment by dwpexamination — November 23, 2012 @ 7:00 am

  409. apologies if my last post did not read quite as i intented.i have never once been under any illusions when it comes to the attitude of the present government and there imported militia who dispense shoddy so called medicals,i have been a victim of them on 3 previous occasions.i should have said no ordinary citizien in a similar or worse situation should be treat in such a manner,in a fair and decent democracy.naturally from time to time i do concentrate on my own personal woes and transfer them to print ,but i fully appreciate that i’m not alone if every single person affected by atos and the dwp could just muster the strength to blockade the houses of parliament for a day or two this would stop overnite,heavens knows there must be millions of folks being treat like this .

    Comment by larry — November 23, 2012 @ 12:43 pm

  410. Just had my husbands ESA tribunal – felt they had made their mind up before we had gone in. They critised the treatment recieved from the NHS and GP (how do we know if its any good) asked why he hadn’t had this treatment and that treatment, also asked how we could afford private treatment (an old works policy). My hubby suffers from CFS or ME after the tribunal he spent that afternoon in bed, that night and the next day, and in chronic pain, as well as varying digestive disorders flaring up. The tribunal failed to recognise the condition and was more interested how he got to the tribunal if he was so bad – folks I can assure you without the whole family working together he wouldn’t have done, we also used what is called pacing -which is well known way to help with ME to try an function – which they seemed to use against him. They didn’t like that he was paid by a income protection insurance policy (less benefits) and threw out their medical report which we submitted as evidence, they did not accept the supporting GP’s letter or 3 mth unfit for work note which was also submitted. They didn’t like the fact I ran my own business, I explained it allowed me to be my husband’s carer (i don’t claim any benefits) as I have people to run my business for me. – they kept on asking my husband about my business – he has absolutely nothing to do with it, they didn’t beleive him. Although I was his representative in my delivery they stopped me in full flight as I challenged the original medical point by point saying they would consider all the evidence when I tried to continue they said I had had my say and they stopped me from speaking – the decision letter came the next day so they must have posted it before 5.30, it is well know if they say they need 3-5 days to review the notes you’ve failed and they had said this on arrival.
    Interragation over and feeling like cheats we don’t know what the hell to do next – he’s not fit for work in any form, the GP is up in arms and says he’ll never sign him fit as for treatment he is writing to the tribunal to ask what treatment they think he should be getting if what he has had is inappropiate. We don’t know if this decision will effect his income protection policy or not, we’re not going to fight the tribunal decision because his condition has deteriated so much whilst this has been going on and life is too short.
    Afraid to say they’ve beaten us and we’ve thrown the towel in.

    Comment by wheres the nearest cliff — December 7, 2012 @ 12:09 am

  411. wheres the nearest cliff.

    The tribunals are corrupt, I know all about that personally because I’ve experienced their corruption.
    You don’t need to throw in the towel, they love people like that, they absolutely love people who just accept their decision and don’t give them any problems, so don’t just cave in, fight them, it costs nothing and you can maybe even win.

    You can ask for a statement of reasons, ironically you have to actually ask the very people who denied your benefits for permission to ask for a statement of reasons…..Stop laughing now.

    You will get the statement of reasons eventually and then with the help of welfare rights or the CAB you can comb through it for an error in law, a representative from one of those organisations will be able to tell you if there’s an error in law, if they see even just one error in law then you can appeal to the second tier tribunal who has the power to order a new fresh hearing or even grant your benefits.

    You might think that there’s no point, they are corrupt to the core, but you should fight back for a couple of reasons, first reason is your personal dignity, you will show these people you will not be a pushover, you will also make the bastards work for their £300 a day, because writing out a statement of reasons is hard work and a real pain in the ass, the judge on that panel has to make sure there are no mistakes, just one wrong statement or reason why you were denied benefits can prove them wrong and swing the decision in your favour.

    So don’t get angry get even and fight back, show them you are not taking their crap, as I said it will cost you nothing, and when they see you want a statement of reasons the judge will think god what a pain in the ass, I have to do this tonight, it’s more hard work and I really can’t be bothered.

    So get in there..!!

    Comment by dwpexamination — December 7, 2012 @ 8:36 am

  412. Hi ya when I went for my appeal as I entered the room the GP said your very brisk young man and at the end said I think your not as bad as you make out, so I definitely think that there mind is made up,Im six foot tall I used to do hillwalking and was in the Army Reserve when I was younger and have a long stride but that does not mean that I’m not feeling severe pain

    Comment by Colin McGilvray — December 7, 2012 @ 10:27 am

  413. To understand another persons pain one needs to have empathy, they wouldn’t/couldn’t understand the word empathy if they looked it up in a dictionary.

    Comment by dwpexamination — December 7, 2012 @ 10:42 am

  414. They have not got the foggiest idea how people are feeling and they wheel these retired GP’s out to do their dirty work because they have forgotten their Hippocratic oath

    Comment by Colin McGilvray — December 7, 2012 @ 10:50 am

  415. I have just returned from a Tribunal Hearing – I was accompanying my mother – and it was a complete disaster. The doctor was polite and courteous, but the Judge was thoroughly unpleasant. We had with us a representative from the local Welfare Rights department at the council, and she informed us that this particular Judge was one of the more sympathetic amongst his colleagues; if he was sympathetic in any way, it did not come across and I shudder to think what the other, less sympathetic, Judges serving on these panels must be like. His body language betrayed his utter irritation at the proceedings – there was regular sighing, eye-rolling and sneering – and he interrupted my mother constantly. The whole time I had to sit there in silence, as I was not permitted to speak. We had been advised to expect the hearing to take 20-30 minutes, but we made it through 45 minutes before my mother became extremely upset and left without warning. Most of this 45 minutes was taken up by the Judges interrogation and picking apart of responses given to the doctor, and he showed no sign of stopping any time soon. I expect this will mean they will rule to uphold the DWPs’ decision, although we won’t find out for at least a week because they refused to tell us the decision there and then. My mother has been shattered into pieces emotionally by the ESA medical and resulting appeal, and the Tribunal has now taken those pieces and ground them into a fine powder; she was already mentally fragile before this whole charade started.

    I’m ashamed to say that I worked for the DWP, within Jobcentre Plus, for 3 years. I was there on “A-Day” as it was known internally – this was the day ESA “went live”. And I spent most of my time there working with ESA benefits and claimants. But eventually there came a point where I could no longer bear to tell someone that a diagnosis of 7-8 months to live is “not considered a terminal illness by the DWP” before asking if they could please call back when they only have 6 months left. I could not go on trying to justify the callous treatment of the sick and disabled to those who, quite rightly, expected an explanation. The staff at DWP may not be the ones making the rules/laws, but for those that see the injustice happening there (and many do), they are complicit in the hideous treatment being meted out to the sick merely by continuing to work there and assist our government in its agenda to brow-beat and ultimately break the will of the weakest in society. So that person you speak to on the phone at DWP may not have hurt you directly, but they are still indirectly responsible in a small way, in my opinion.

    Comment by Mark P — December 7, 2012 @ 1:46 pm

  416. Hello Mark.

    I usually find it’s the judges who are the worst, they know nothing about disability and couldn’t care less.

    One of them is in for a nasty shock some day when a appellant decides enough is enough and drags him across the table and starts dishing out some physical punishment, I wouldn’t be surprised if it had already happened.

    Just a matter of time..!! And there will be no sympathy from me.

    Comment by dwpexamination — December 7, 2012 @ 4:25 pm

  417. Hi,
    Yes, the system is pretty useless i agree but there is a way to technically beat it.
    Let’s start with the ESA assessment and what to do after you’ve been failed for ESA by same. Next step then is to ask the DWP to review it, of course they’ll not change their mind and you will then ask for the ‘statement of reasons’ pending your application to a tribunal. Now whilst all this is going on you know that you can continue to be paid ESA as long as you keep sending in a sick paper from your GP (very odd of itself when the DWP clearly won’t accept your own GP’s knowledge of your disablement with reference to your ESA claim?) pending your appeal. The overall process takes more than 6 months (took me almost 9 months from assessment to tribunal). What you can do other than apply for an upper tier tribunal is make a new claim after 6 months of. albeit technically, not being entitled to ESA. The fact is that although you have been paid ESA pending appeal you will have failed your assessment and so 6 months after that date you can make a new claim. Ok, it’s all a major nuisance but clearly by DWP’s own rules mean you can continue to be paid ESA whilst going through the process and could therefore never be without an ESA payment because on your new application they will immediately allow your claim pending a new assessment which you will fail and so the whole dumb process will begin again Get it? Got it? Good!

    Comment by HJ — December 9, 2012 @ 4:11 pm

  418. Can anybody please tell me what a tribunal is like as i have mine tomorrow.?

    Comment by rubix — January 30, 2013 @ 4:02 pm

  419. Hello rubix.

    Go over to the ‘ DWP Score sheets and points make benefits ‘ page on the right hand side, and you can get a lot of information there, Richard is attending his tribunal today, and he may relate his experience, we are all keeping our fingers crossed for him..!!

    Comment by dwpexamination — January 30, 2013 @ 4:09 pm

  420. Thank you, I will be riveted to this link, and wish Richard all the best…..

    Comment by rubix — January 30, 2013 @ 4:21 pm

  421. i have been fighting for 2 yrs to get my dla back my health problems are worse now than what they were when i started i have been thru all the appeal levels i have now been turned down again by the high level tribunal and have to ask permission to ask for a reason why i got turned down. i sort help from local advice center man told me over phone they only go on what your problems are when you first put the formss in not now and it might be worth starting a nu claim to which i replied so i have been fighting for nothing and i lose 2 yrs dla to start again if anyone can help contact via facebook or email

    i have Osteoarthritis coccyx pain back pain type 2 diabetes depression dyslexia Sciatica in both hips carpel tunnel migraines i wish i had known about this blog page before i got so far into my appeal i think im going to have to start again and lose the last 2 yrs sorry for posting on many of your pages but i,m getting desperate i don’t want to have wasted the last 2 yrs if i don’t need to thks for listening to my waffle

    Comment by sue devlin — February 13, 2013 @ 1:48 am

  422. I went through the appeal & tribunal process with my son last year. Victory is not permanent though. It took almost a year for him to be awarded ESA. He has a very rare chromosome abnormality, it affects his brain & he has learning difficulties, behavourial problems & is extremely vulnerable. So now his case is up again for review which is mad! His brain will not improve, the chromosome abnormailty he was born with will not go away. ATOS scored him nil points, we evetually got that re-graded to 15 points. At the tribunal I could not speak yet he had not a clue what was going on, he did not understand most of the questions asked of him.

    Comment by Julie — March 10, 2013 @ 12:34 pm

  423. Let’s hope he doesn’t have to go through an appeal again Julie, if the worst comes to the worst and he is forced to do it then you can get plenty of help here at our sister site http://www.dwpexamination.org

    Comment by dwpexamination — March 10, 2013 @ 5:49 pm

  424. Thanks but it appears I do. I already had the call for the examination. Last time they asked my son “how do you sleep?” He replied “In a bed”.. he geuinely did not understand the question (of many). I do not know of anyone medically qualified to understand my son’s syndrome let alone the decision maker who will examine him. I only know as much as I do through talking to other parents (very few) of boys with the same syndrome and 22 years of being his Mum. The whole process is traumatic for me, my son is blissfully unaware of what it is all about. I feel so angry reading all the posts on here. It is just so WRONG!!

    Comment by Julie — March 10, 2013 @ 6:01 pm

  425. Julie.

    The whole idea of these assessments is to look for an excuse to not grant sickness benefits, and this usually means an appeal, at the moment until we get a fair test, we just have to play their game.
    The HCP knows fine well your son doesn’t understand the question/s, they need to find a way to make him work fit because if they do not find a way to make him work fit then the HCP does not get a bonus in their pay packet.

    Comment by dwpexamination — March 10, 2013 @ 6:05 pm

  426. i think its disgusting how you and your son have been treated,he shouldn’t have even gone to the tribunal in my opinion,maybe if you are called again get someone to represent him,contact your mp get all relevant medical records and send them,thats what I did and I did not have to go to the tribunal for my appeal,i was placed in the wrag group,i attended the interview there, it wasn’t too bad but I made them aware that I was not going to sign anything,as that’s like telling them im really well,i wrote and wrote and sent information to dwp then last week by surprise I received a letter telling me that im in the support group,i was dumbfounded,ive had problems with hearing loss and loss of balance that can come on at any time,terrible tinnitus that’s plagued me for about 14 years no one knows what or how I feel on a day to day basis,i scored 0 aswell but since the medical ive gone down hill,im ever so depressed,im sure you wont be called again though

    Comment by nikki — March 10, 2013 @ 6:19 pm

  427. Thank you Nikki. Luckily I have kept every piece of paperwork since my son was diagnosed with 48xxyy in 2006. From the education dept to medical records to dealings with Unique (chromosome support group) The Citizens Advice were also excellent at preparing the case last year.. I just think it is mad that we have to go through it all again when it is a lifelong condition :-/ One part of me wants to let them place him in a job.. let them face the consequences when there is some disaster due to his innappropriate behaivour, his lack of understanding, his failure to grasp instructions or sense danger. He was not even placed in the work activity group. What does that tell you? Maaaadddd.. thanks for listening xx

    Comment by Julie — March 10, 2013 @ 7:09 pm

  428. I meant 1996!!

    Comment by Julie — March 10, 2013 @ 7:11 pm

  429. what is the easiest way to pass DLA Tribunals. How WE can defeat ATOS & DWP once & for all. How to Deal with Government, Political Parties. Who blame other races for their own financial downfall. even when other races did NOT! live in Britain, During The victorian, elizebithen, georgean & other past times, etc… look at what YOUR OWN hands have earned through YOUR OWN deceitful, greedy ways… GOD! Help! YOU All. 2 Him WE All belong, 2 Him WE All belong. $ HE Is the Sole Creator of the heavens & the earth & ALL that is in & between them. May GOD! Rectify & Straighten YOUR Ways. Ameen! Ameen!

    Comment by Anonymous — March 19, 2013 @ 9:01 pm

  430. Anonymous…What in gods name are you on about ?. And what has god got to do with anything ?.

    Comment by dwpexamination — March 20, 2013 @ 7:19 am

  431. yea what the f…k is anonymous about go back to church your comments don’t belong in this site

    Comment by nikki — March 20, 2013 @ 7:56 am

  432. I hope he/she stays anonymous
    Get of your cross…we need the flippen wood,
    Imagine wakening up besides that in the morning ?.


    Comment by dwpexamination — March 20, 2013 @ 11:24 am

  433. well it official they think im a faker and im lying about my health problems got my statement of reason today feel like shit

    Comment by sue devlin — March 20, 2013 @ 2:34 pm

  434. Hi Sue.

    Statement of reasons ? you mean from the second tier ?.

    Comment by dwpexamination — March 20, 2013 @ 3:04 pm

  435. hi all well i had my appeal yesturday and was awarded 15 instead of the 9 i got from dwp(atos gave me 6)
    I applyed for esa in may 11(after having a appeal thrown out due to dr adding bad back to my sick note i did have it at the time but never claimed for it so dwp closed my old case and opened a new 1 grrrrrrrr)
    any way i wanted to ask when the backdated pay get worked out from??is it june last yr when the dwp said i was fit to work or is it from wk 14 of my claim? as it took them 10 month to pull their fingers out and sort me out a atos appointment in the 1st place as i had to keep ringing them as they sent a appointment letter 3 days before the appointment and due to weekend post i didnt get it till the day after it was due.so in total nearly 2 yrs has passed.

    Comment by jm — April 16, 2013 @ 1:17 pm

  436. Hello jm.

    You will find that the DWP will pay you from the date the decision maker found you fit for work, even if you were not assessed by ATOS until after the 13 week deadline, your comment is a bit obscure and I don’t fully understand it because from May to June is a month, maybe you can get back to me and clarify.

    So then if you are assessed after the 13 week deadline then by rights the DWP owe you the working component every week after the 13th week on top of the assessment rate that you already received.

    You will find that the DWP will/may argue with you that it doesn’t start after the end of 13 weeks, but starts when you are told you are fit for work, if that were true then you can say but what if ATOS don’t/didn’t assess me for two years ? are you saying I would not receive the working component for those extra 91 weeks ?.

    This problem as far as I’m aware very rarely arises simply because ATOS usually assess the claimant inside the 13 week deadline.

    Comment by dwpexamination — April 16, 2013 @ 4:25 pm

  437. hi dwp thanks for your reply
    if i give u some dates maybe it will help with what i am trying to say.
    may 2011 claim for esa made
    oct 2011 a letter arrives for a atos medical the day after my appointment should of been so i didnt turn up knowing nothing about it so many forms and phone calls every 2 weeks to the dwp got atos medical for march 2012 so spent 10 months on assesment rate without getting assesed.
    april 2012 got letter saying i only scored 6 points so would not get esa appeal sent off and got reassesed in july 2012 and got 9 points so still wouldnt get esa so tribunal appeal letter sent.
    april 2013(bang on a yr from them saying i was fit to work)won appeal
    so spent a total of 10 months on assessment rate before i even got a atos appointment then another yr waiting for the tribunal to be heard.

    Comment by jm — April 16, 2013 @ 4:55 pm

  438. sorry above should say reassesed june 2012 not july 2012 my heads a shed at the moment im pooped from the appeal yest (had to walk with a friend 7 miles there n 7 miles back as due to anxity probs i cant get in a car let alone a bus)and spent the whole appeal blubbing like a baby and shaking like a puppy.i was hoping this would all be sorted within a couple of wks but from trying to read all the posts today it looks like i could be in for a long wait and more worry.

    Comment by jm — April 16, 2013 @ 5:27 pm

  439. Hello jm.

    It’s unusual to be ten months on the assessment rate waiting for an evaluation on your health.

    This means you have lost out on a weeks short of seven months of the working component, and in my opinion that is what they owe you, but I don’t believe that’s what they will say, instead you will almost certainly be told that’s not the way it works.

    Instead they will say (Bottom Dollar) it starts back when the decision maker informed you in writing that you were fit for work. And therefore can only pay you back to that date.

    This is a scam to withhold money they owe you in my opinion, so since they are not just going to hand it over you are going to have to fight for it, but let’s see what they do first, then you can take it from there, you never know it’s possible you get a decision maker who might see sense.

    By the way, I’ve seen seasoned welfare rights officers in the past arguing on Blogs and Forums on whether the law says or doesn’t say you should be paid back to the end of the thirteenth week. So It’s unclear.
    When you get the letter from the DWP telling you one way or the other then if need be that’s when to make an appointment with your local CAB or welfare rights and get it sorted.

    Comment by dwpexamination — April 16, 2013 @ 5:49 pm

  440. thanks again dwp xx
    like you say i will have to wait and see what happens and no doubt they will make it a long wait.
    i did ask at 1 point whilst chasing up the atos appointment that i should of been put on a higher amount from week 13 then when i got the atos assesment i should either carry on getting it or just have the extra component stopped till a decision was made at tribunal but that got me nowhere.
    As you can probably guess the extra stress of all the messing about has not helped my condition one bit and i am actually surprised that they didnt turn round at the tribunal and say that as my condition had got worse than when i first claimed that they would cancel it and make me reapply as they did before when the dr added bad back to one of my sick notes in april 2011.
    also it says on the decision im not to be reassessed for 12 month but the way it is going i wouldnt be surprised if a atos form pops on my floor in less than that.

    Comment by jm — April 16, 2013 @ 7:42 pm

  441. jm.

    If you are denied the backdate then you have a problem, but keep at them, ask to appeal that decision (They will probably say you can’t appeal) write a letter (Not an e-mail) to your MP and ask if it’s normal to be kept waiting in perpetuity before a claimant is assessed on their fitness to work ?, speak to the CAB or a welfare rights officer and see what they think, don’t just accept the DWPs word for anything, they are cheats and compulsive liars.

    Comment by dwpexamination — April 16, 2013 @ 7:56 pm

  442. hi again dwp.
    trust me i will(with a lot of help)
    after going through all the paper work with a friend this moning i will be putting this point to them.
    the origanal decision by atos dated 16/4/12 states ” I have superseded the decision of the decision maker awarding employment and support allowance from and including 25/5/11 following a medical assessment”
    now as the appeal on monday says that the decision dated 16/4/12 is wrong i WAS therefor entitaled to esa from 25/5/11 as stated by the origanal decision maker and should there for of recived the wrag component from the 14th wek after 25/5/11.
    just got to wait the “up to 6 weeks” now and see what they do but as i have a tiny bit of fight left in me(in my big toe i think) i wont give in as im sure if i said in in april 11 “yeah ok i agree with you and i must be fit for work so ill go on jsa” they would of then no doubt sent me a brown envolpe saying as you wasnt entitaled to esa so give us it back.
    hope all of the above makes sence lol

    Comment by jm — April 17, 2013 @ 9:45 am

  443. Hi jm.

    Yes it kind of makes sense, I’m getting your drift, let us know the result please..!!

    Comment by dwpexamination — April 17, 2013 @ 12:35 pm

  444. will do xx and thanks for getting my drift i was having probs understang it lol
    as my friend says if decision A is superseded by decision B but decision B is superseded by decision C then decision A comes back into play.she wrote it all out for me so i can atleast sound like i know what im saying if they start getting shirty about it.

    Comment by jm — April 17, 2013 @ 12:55 pm

  445. Had my application for DLA refused, reasons for refusal were the application and also ATOS medical report over a year ago for ESA…The very same medical that forced me into a tribunal which I won in January this year…How can the DWP use a medical report obtained over a year ago for another benefit that ended up being overturned.

    Comment by Anonymous — April 17, 2013 @ 9:52 pm

  446. Hello Anonymous.

    Since you won the tribunal appeal for ESA the same health problem as for your application for DLA, then using the same medical report which was later overturned is not only inconsistent but absurd.
    This means your chances of getting DLA have increased immeasurably, and that is what you should do…appeal.
    The DWP are chancing their arm, they hope you wont appeal or cannot be bothered with the hassle, but look at it this way, this is your life these evil people are playing around with, don’t let them win…please appeal..!!
    If you need help to appeal or help with dealing with ATOS or the DWP then log into our sister site and het all the help you need

    Comment by dwpexamination — April 17, 2013 @ 10:32 pm

  447. Had my tribunal appeal on Wednesday was asked three questions by the doctor and spoke very briefly with the judge. They told me that they were already aware of my case had discussed it at length and i was awarded it. These guys had already made the decision before i walked in. The atos medical nurse and i use that name loosely left out over half the information i provided at medical and completely ignored the info that was relevant to my ailment that being a white mass inside my spinal column that pushes against the chord causing my legs to collapse without warning. Apparently not a good enough reason not to work. At the end of the day i thank the appeal panel for their good sense and obvious professionalism.

    Comment by john taylor — June 1, 2013 @ 1:14 pm

  448. Hi John.

    The appeal panels always make the decision before you walk in, that includes decisions against you, it’s only professional in your eyes at the moment because the decision was for you, wait till they make the decision before they even see you that goes against you, it will open your eyes unto how professional they really are.
    I know this John because they made a decision against me before I even walked in, the truth is the appeal panels are in league with ATOS and the DWP, I know you and others who read this will find that hard to believe, but when a decision goes against you, that’s when your eyes really get opened.

    Comment by dwpexamination — June 1, 2013 @ 4:50 pm

  449. that is indeed true i have had a decision go against me in the last ten days ,which i am still trying to fathom even taking into account the rule changes since i won my last two tribunal decisions. i have naturally requested all the written reasons and the court proceedings that go with it. to say i am somewhat perplexed is an understatement and i am allready drafting my correspondence with the social security commissioner,there is one thing atos behaving in the manner that they do,but i will not falll foul of a corrupt or pro dwp tribunal without a fight!

    Comment by larry — June 1, 2013 @ 5:09 pm

  450. I won my appeal and when I rang ESA to find out about my money they said “we are sending it back to the tribunal to ask them WHY they let me win”… I thought if you won the tribunal that was it… Can they really go against the tribunal.. I thought they had to go with what the tribunal says!! I thought that was the whole point of a tribunal!! Can anyone help me on this

    Comment by Fiona — July 1, 2013 @ 12:33 am

  451. I wouldn’t worry about it,as usuall the dwp have made a mistake the best thing to do is contact your local mp,or cab,ive never heard of this b4,and put a complaint in about dwp,let us know how you get on,.who do they think they are

    Comment by nikki — July 1, 2013 @ 6:22 am

  452. Hello Fiona.

    It sounds as if the DWP are appealing against the panels decision, but so far you’ve only heard this on the phone, so write the DWP a letter, and on the letter explain you have won your appeal fair and square, quote the appeal number (You will find that number on the decision notice the panel gave you) and insist your full ESA is restored.

    It’s true, the DWP have the power to appeal against an appeal panels decision, it’s always been one of my worries when I attended an appeal, so far it hasn’t happened to me, as far as I know it very rarely happens, but I can assure you it does happen.

    Contact the CAB or whoever represented you, and see if you can shine any more light on what’s happening.

    In the meantime while you wait to find out either way, the DWP are obliged to still pay you the assessment rate.

    Comment by dwpexamination — July 1, 2013 @ 8:20 am

  453. Hi Guys I’ve been reading a lot of your comments and I had my tribunal today and won. I was only in about 5 minutes and the doctor just asked me a few questions about when the next op is and I said I had it 3 weeks ago but there’s more problems and I need to go back and get it fixed. So I kinda think the judge had mad the decision before I went in.
    At the time I got my assessment at Atos I explained to the woman I have been going thru breast reconstruction for 18 months due to breast cancer with a lot of complications which was why I had already had 6 ops and another 3 planned ops were going to be soon happening. I also explained that a month after my first op, my brother died. 4months later my dad died, so all that alone was a lot to deal with.I was having all these complications where I ended up needing skin grafts and had many ops whilst I hadn’t had the chance to grieve for my dad and brother. She didn’t even offer a word of empathy- she was stone faced and cold as ice. I was also crying because I find it very difficult to speak about them without getting upset. She asked questions like ‘can I lift my arm up and out to the side?’which I couldn’t as I had just had more surgery.
    I lost that assessment decision and one of the reasons was she said I arrived to the assessment centre with a shoulder bag, removed it from over my head and then replaced it as I got up to leave. Rubbish!!! She assumed I was wearing it over my shoulder but I never carry it like that, so that really annoyed me after me sitting crying all way through it and she was trying to catch me out. I’m not sure how much money I will get now as I have been put the work related and I was in the support group before. Does anyone know? I’m single living myself I was getting £119 a week but no one has every heard of that amount. I’ve been on £71 since I lost the appeal.

    Comment by maz — July 1, 2013 @ 11:36 pm

  454. Hello Maz.

    Congratulations on winning your appeal, I hope you got a recommendation from the appeal panel not to be assessed for at least two years, or at the very least a year and a half ?.
    Everyone loses at an ATOS assessment so no need to worry about that, just be aware that without a recommendation not to be assessed on that appeal notice from the panel ATOS can call you for an assessment anytime they like.
    As for money owed, the DWP will pay you everything the owe you all the way back to the date the decision maker informed you in writing you were fit for work.
    Some people have reported to me that the DWP have tried to pull a fast one and insisted on the phone that they will be paid only back to the panels decision, this is not true, they must by law pay you back to the original date you were found fit for work by the DWP.
    Obviously I don’t know that date in your case but around six weeks time you will receive a pretty penny into your bank account along with a letter saying they recognise you have won your appeal and how much they have paid you, and how much you are now due per week.

    Comment by dwpexamination — July 2, 2013 @ 4:54 am

  455. Hello everyone, I was looking on google for advice on what to do following my tribunal win last week, and came across this site! boy I wish I had found it earlier,,, its so nice to see people supporting each other, And maybe i would have not felt so alone with the process. I am very proud to say I won, representing myself, but also am proud that I defended my right to not take long term medication,My problems include depression and anxiety with a few physical illnessses which i never recieved any points, I have been put on the wrag componant, and not entirely sure what that means, but the doctor reccomended I dont get reassessed for 2 years, which I hadnt even thought about, so that was a wonderful perk! Anyway good luck to you all, and try not to let the ATOS criminals get you down, We are more powerful than we think!

    Comment by penny — July 23, 2013 @ 3:32 pm

  456. Hello Penny.

    Congratulations on the appeal win, just check and make sure you are not receiving contributory ESA rather than income related ESA.
    Because Contributory ESA on the work related group is limited to one year.

    Comment by dwpexamination — July 23, 2013 @ 7:54 pm

  457. My son & I just won our appeal for ESA without going to Tribunal thank goodness! (We did last year) He has a chromosome abnormality a bit like downs and is mentally impaired. For the second year running was scored nil on the ATOS assessment although they asked me all the questions as he does not have the capacity to answer. So pleased I kept every scrap of medical evidence since he was diagnosed aged five. He has such a rare condition that I asked about the decision makers knowledge as well as providing all his medical background. Please do not back down anyone… keep fighting.

    Comment by Julie — July 24, 2013 @ 4:10 pm

  458. Thanks Julie…and well done on the appeal win.

    Comment by dwpexamination — July 25, 2013 @ 7:12 am

  459. congratulations on your win it’s a hard road and it’s like you are all alone. This site kept me going so thanks for that, don’t know what i would have done other-wise, just not looking forward to the next one. Congrats to all who have won there appeal and for tose about to have it heard the best of luck

    Comment by john — July 25, 2013 @ 1:29 pm

  460. It’s a bit complicated!

    I have just failed a Tribunal for ESA this week. I am currently in the WRAG and know that my ESA benefit will end after 365 days, so I had appealed (waiting nine months for it to be heard) to be placed in the Support Group regarding chronic leukaemia and osteoarthritis. In 2011, I also had to appeal against being denied Incapacity Benefit, but on appeal I won, with the Judge at that time stating that my illnesses satisfied the rule about a ‘serious risk to my health if I was found capable of work’).

    So, bearing in mind that my leukaemia has wosened since 2011, I assumed that the same ‘risk to my health’ rule would still apply in this latest appeal Triunal….but no, apparently not!

    I know that I can appeal against the Tribunal’s decision and I decided to write to the Court this morning to ask for a ‘Statement of Reasons’. I also know that my only challenge can be on a point of law. Does anyone know if it is a point of law for a previous Judge to have applied the ‘serious risk to health’ rule and then with no improvement or change in my condition, for this latest Tribunal Judge not to have applied the same rule again. I suppose what I’m saying, is did the previous Judge (in 2011) set a precedent about my health which this Tribunal has blatantly ignored? If the rule applied then (in 2011), surely the same rule applies to me now….I still have leukaemia and osteoarthritis and always will have! I am hoping this can be considered ‘a point of law’, but I know nothing about the law/rules of ESA.

    Any help or advice would be greatly appreciated.

    Thank you.

    Comment by Susie — July 25, 2013 @ 2:41 pm

  461. Susie ask Citizen’s advice, they are very clued up on the law. Good luck x

    Comment by Julie — July 25, 2013 @ 4:07 pm

  462. I do think it refer’s to an actual quotation from case law though.

    Comment by Julie — July 25, 2013 @ 4:23 pm

  463. Susie..You can’t go through this yourself it’s just to complicated, you need professional help from either welfare rights or the CAB.

    Comment by dwpexamination — July 25, 2013 @ 5:32 pm

  464. Thank you, both of you, for your imput. I agree that it is probably too complicated to deal with alone, so I will telephone CAB today and see if they can offer any advice or assistance.

    I’m still wondering whether I even have the energy or heart required to continue or just give up now and accept the inevitable……but I KNOW that’s what they want everyone in our position to do and it galls me!

    Again, my thanks,


    Comment by Anonymous — July 26, 2013 @ 9:12 am

  465. Hello Susie.

    Giving in ? That’s what they are relying on, that’s what they are down on their bended knees praying you will do, and that’s the whole point, remember if you give in you will be an easy target in the future.

    Comment by dwpexamination — July 26, 2013 @ 9:51 am

  466. The exact same thing happened to me, I broke my back am in a wheelchair, in constant agony 24/7the arses at atos told lie after lie on the report, had my tribunal and they adjourned it as they wanted the nurse in front of me to answer the allegations,surprise, no one turned up so they totally dismissed the atos report.I was awarded enough points for the support group.now, answer this, they stopped my money april last year, I appealed, atos january, failed, appealed again, won. So does my money be backdated from january or april last year.I was on assessment rate of 70 something quid aweek from january.the honest will win at tribunal.

    Comment by Anonymous — August 6, 2013 @ 12:50 am

  467. Forgot to say as well, atos assessed me in december and awarded me high rate mobility and middle rate care, then 10 days later for esa deemed me fully fit for work, dont make sense.mark

    Comment by Anonymous — August 6, 2013 @ 1:32 am

  468. in reply to the above posting,being honest is not allways enough,i have won two tribunals in a row and in the meantime my condition has worsened ,but in my last appearance my fourth i lost zero points,the dr on the tribunal this time around was satisfied that because i was basically there in front of him,then that was enough for him. so no sadly being honest is not allways enough. and just another little issue on that day the dwp were apparently present in the tribunal building ,in my opinion no doubt making sure there batting average was raised a little,it stinks to high heaven .

    Comment by larry — August 6, 2013 @ 9:04 am

  469. I agree Larry, times have changed, time was honesty meant something, now honesty – well since the beginning of 2009 at least – has went out the window, now it’s every man jack for themselves.
    And ATOS started it, they are the ones (In league with the DWP) who were so desperate to help the Government get the figures down, they were given the right to lie and cheat at will, with no legal comebacks.
    We are fighting back, demanding a recording at your assessment is a good start, everyone must demand their assessment is recorded.


    Comment by dwpexamination — August 6, 2013 @ 10:09 am

  470. That is worth knowing thanks! At my son’s assesment last year they asked him a question “can you spell world backwords” He could not. In the report it said he had no problem with it!!! Another they said he needed no prompting… I had to interpret their questions to my son every step of the way. Disgusting..

    Comment by Julie — August 6, 2013 @ 4:47 pm

  471. If they had asked me to spell world backwards I would have replied yes I can, it’s….dlrow sdrawkcab.

    They have to tell lie’s Julie, there is no other way for them to attain their daily performance levels, and therefore meet their specified targets and get their bonus.

    Oh yes they have targets, but they don’t ever call them targets, instead they use words like performance levels etc.

    Comment by dwpexamination — August 6, 2013 @ 9:20 pm

  472. Hi again, good forum by the way, as I said the other night I won my tribunal and was told, im to be left alone for a minimum of 12 months, but reading on here some people are getting letters bringing them back in for assessments.can they do this, id tell them to piss off and leave me alone for 12 months like the judge or doctor said,from mark

    Comment by Anonymous — August 7, 2013 @ 11:19 pm

  473. Hello Mark.

    The recommendation from the tribunal that you not be assessed for a minimum of twelve months is just that…a recommendation, not an order, not a mandate, not a you better or else.

    A few years ago the DWP/ATOS took no notice of these recommendations because they needed all the customers they can get, now times are a changing, the DWP/ATOS have plenty of customers due to the introduction of PIP, in fact they have so many customers they are starting to get to the stage where they can’t cope, hence the reason why the tribunals are co-operating with the DWP now to make more recommendations in order to take the pressure of them.

    The recommendation that you not be assessed is for their benefit not yours, this is why it’s a recommendation and not a mandate or an order, and gives the DWP/ATOS the right to call you – and anyone else with a recommendation – anytime they want, just in case – in the unlikely event – they start to run out of customers.

    So telling them to piss off sounds heroic, but I can assure you your benefits will stop on the spot, so cross your fingers instead and hope they don’t call you..!!

    Comment by dwpexamination — August 8, 2013 @ 8:53 am

  474. thanks for the info, i dont know if you can answer this too, i was living with my partner for quite a few years whilst on esa, then due to the new rules,they stopped all my money in april 2012, this also had an effect on my partners workng tax credit, she was gettiing £93 a week when i was getting esa.,but as soon as my money stopped, her working tax credit went to £13 a week, we was in such an awful state that i appealed this to the dwp less than one month of my money being stopped.they left me with no money until january,when i finally had an atos assessment, and failed it. i then had a second appeal,which as i said i won at the tribunal. i dont know what to expect of the first appeal or how to find out about it, from april to january 2012. i had no option but to move out to my dads house and go on the assessment rate for the last 7 months, what about the lost money for the previous 8 months form april to january. i hope this makes sense.they expected my partner to look after me on her 30 hours a week, i lost so much weight over this(9 stone and 6 foot 3). do i receive all the money to be backdated from april 2012 or just to the atos failed assessment. regards,mark

    Comment by Anonymous — August 9, 2013 @ 11:00 am

  475. Hello Anonymous.

    It’s difficult to say, I’m assuming you were getting ESA contributory, and it stopped after 365 days, if you were living with your partner after that then they will pay you nothing unless you were entitled to income related ESA or the support group of contributory.
    So did you apply for income related ESA when your contributory ESA expired ? if not then it will be a devil of a job getting backdate money from the DWP if you did not apply.

    When you say you won an appeal, what was the appeal for ? the support group of ESA ? or income related ESA ?.

    And from what dates exactly etc ?.

    Comment by dwpexamination — August 9, 2013 @ 6:07 pm

  476. I won the appeal and placed in the support group, when my money stopped I appealed to be placed in the support group, I waited 8 months to be asessed only to get zero points, appealed the atos decision and was placed in support group the other day. Ive not heard anything from the first appeal and I feel I should have been in support group as soon as my esa stopped, i think its best if I go to the cab.

    Comment by Anonymous — August 10, 2013 @ 12:52 am

  477. Dates were geting esa upto april 2012, I cant remember what one I was on.stopped and told to put in a fresh claim, was told partner earned enough money so appealed within 1 month of money stopping.finally got atossers assessment in January, failed, appealed a different appeal and got on support group, hope this makes sense, mark

    Comment by Anonymous — August 10, 2013 @ 1:01 am

  478. Hello Mark.

    Up until April 2012 you must have been on Contributory ESA and you must have been on the Work related activity group, because if you were on the support group your Contributory ESA would not have stopped, so it looks as if you were forced to apply for income related instead, but because of the recent rules your partner was earning more than £149 per week, and according to the DWP that is enough income coming into the house per week to support you both.
    I agree with you, it’s blatantly unfair to deprive you of a personal income, but that’s the way Mr Iain Duncan (sponging of his own wife) Smith has fixed it.

    So you should have appealed to get in the Support group back in May 2012, which you did, you were assessed by ATOS in January 2013, failed but won the appeal to be eligible for the Support group of ESA, AGAIN i HAVE TO ASSUME it’s the Support group of Contributory ESA, if this is true then in my opinion since you were always eligible for the Support group of ESA Contributory then you should be able to claim the money they owe you all the way back to April 2012.

    But knowing the DWP as I do, they will/may claim you only won your appeal going back till the decision maker claimed you were fit for work around February 2013, so you may have to appeal again for the right to that money they stole from you going back to April 2012.

    You can base your appeal on the fact that you should always have been on the support group, because your recent appeal win proves you should always have been on the support group.

    As always with the DWP, if you don’t know they are hard taskmasters who demand you fight them at every turn for every single concession, you soon will know – as you already have – once you’ve been forced to deal with them once or twice.

    Comment by dwpexamination — August 10, 2013 @ 8:17 am

  479. Thank you so much for that info, very helpful and you got what I was saying, I will make an apointment with the cab as I feel they will fight my corner, thanks again, mark

    Comment by Anonymous — August 10, 2013 @ 11:21 pm

  480. Hi Anonymous.

    If you can get the CAB to help you then that’s the best way forward.
    Good luck.

    Comment by dwpexamination — August 11, 2013 @ 9:58 am

  481. Hi everyone, my tribunal was yesterday and they awarded me the 15 points Atos failed too. Was very bizarre as I felt the judge guided my answers until he got the ones he wanted. I represented myself and was honest, I have an ongoing problem with muscles and tendons and Achilles rips. I pointed out I would love to work and am quite often very down because of my inability to lead a so called normal life pain free. The majority of points awarded were for mental health reasons. I seriously did not expect to be awarded any points and had committed myself to the dark thoughts of living in poverty. Now it seems I will be awarded over £2000 in back payments. I will at long last be able to pay my fuel bill after living off £62 a week for 10 months. So please be strong and stand up for what you believe in, I met a lady whilst waiting who was on her second tribunal and had just been awarded too. Is it a statistical strategy they have on awards, because a man there failed his, yet was in a worse physical state than the two of us, seems very unfair.

    Comment by sharon d — August 13, 2013 @ 1:17 pm

  482. Hi. just been reading about all the appeals. The thing is my assessment didn’t go my way so I appealed. Then I got a phone call about 4weeks later asking me some questions about my illness.2 days later I got a letter saying they had revise the decision in my favour. And that I would go on to ESA .But what is ESA and how much. I was on incapacity benefit for 12years be for this happened I don’t no what happens next. Any advice please. linda

    Comment by linda — August 13, 2013 @ 1:18 pm

  483. Hello Linda.

    ESA is the new name for Incapacity benefit, ESA stands for Employment and Support allowance.
    There are two components of ESA, the work related activity group and the Support group, the work related activity group (WRAG) is where almost everyone is placed, according to the Government everyone in this group can work at something hence the reason for work focused interviews and idiotic courses.
    To be eligible for the support group of ESA one has to be in a bad way indeed, so bad that according to the Government people in the Support group are not capable of any work whatsoever.
    Some people like yourself have been granted ESA after an appeal due to the fact that the appeal service are struggling to cope with all the appeals stacking up, of course that can change and when it does everyone who was/were granted ESA in the past will be hounded mercilessly.

    And that’s just one reason why we must all join together now and do something about it, as opposed to sitting about on their laurels thinking they are safe and it will never affect them in the future.

    Comment by dwpexamination — August 13, 2013 @ 5:37 pm

  484. Hello Sharon.

    A lot depends on who you get at these tribunals, some are very strict indeed, so strict we get the impression they work for or at least in cahoots with the DWP.
    You obviously got a fair panel to hear your appeal, the chap who was worse off than you obviously didn’t.
    I’ve had both, it’s the luck of the draw, let’s hope you don’t have to attend another hearing for a long long time.

    Comment by dwpexamination — August 13, 2013 @ 5:43 pm

  485. Thank you for the help .I think I understand what you are saying. I will just have to wait and see now. But I do wish to join you all in doing something about it.Thanks agane linda

    Comment by linda — August 15, 2013 @ 2:17 pm

  486. Linda…Our sister site is available, think up a username and log in, exercise your right to be informed.

    Comment by dwpexamination — August 15, 2013 @ 6:29 pm

  487. Hi, its mark again, didnt get any esa money at all today as I changed my address and moved back in with partner the day I won my tribunal and was placed on support group.this is because I was receiving severe disablement benefit and I phoned them to tell them I dont want to claim no more. Does anyone know how long it takes for the dwp to sort all this out. Was getting 262 a fortnight whilst on assessment rate, hopefully not months as I rang them today and they said it should be backdated at 110 a week from april 2012 to january 2013 and the assessment rate difference from january to august 1st. Now im getting nothing lol, its already over 4 grand back payments.I cant honestly see them giving me all that money

    Comment by Anonymous — August 16, 2013 @ 11:24 pm

  488. Hello Mark.

    When you win a tribunal hearing it takes around six weeks before the DWP sort it out, if you lose a tribunal hearing it only takes the DWP a week at the most to inform you by letter that you are fit for work.

    Comment by dwpexamination — August 17, 2013 @ 12:25 am

  489. Hello
    I have just had a tribunal hearing today (very very ) stressful before i went in two others were waiting in the waiting room after their hearing having been told that they would be notified shortly the outcome why after me hearing i was told that i would be sent a letter telling me the outcome (have i failed)

    Comment by Les — August 29, 2013 @ 5:56 pm

  490. Hello Les.

    It doesn’t necessarily mean you’ve failed, it could mean they want more time to consider the evidence..!!

    Comment by dwpexamination — August 29, 2013 @ 7:02 pm

  491. Hi ive just won my Tribunal appeal against Atos health care and the ESA just over a year after appealing the decision! Thankfully for me the Tribunal judge did not accept Atos’s assessment as it did not contain any medical evidence .The judge asked for my medical notes and for these notes to be assessed by an independent doctor named by the tribunal judge. My appeal was allowed by the judge and I was awarded full ESA along with the support component on top……I have one massive issue though ..just over a year ago when my appeal was registered the appeal the ESA recognised that I had a valid appeal and restarted my payments however these payments suddenly just stopped……Me being a fully qualified engineer was that fed up with the process that I went back to work even though I was not fit to do so……two months ago I was pushed from my employment probably because of the amount of time off sick, constant hospital visits and treatment, Even being admitted into hospital at one point. I had worked as an engineer since leaving school in 1996 before becoming quite ill in 2010. An important part of my job is to have a good idea on health and safety laws now I strongly believe that me being forced to work when unfit to do so not only posed a risk to my safety but those who worked around me as well. I am angered by the situation and I believe Atos need to held accountable for their actions….I mean what kind of qualified GP / Health care worker could make a decision on your ability to work without viewing your medical notes? Would they prescribe medication in the same way? I seriously think the way to win your case if you are ill is to throw Health and safety law in their faces……I mean it is illegal to work under the influence of either drugs or alcohol because your judgment is impaired ! If you crash your car because you are tired and you kill someone as far as the penalty goes, well it would carry the same sentence as if you killed someone whilst under the influence of alcohol or drugs….If you suffer from an illness that you could argue that the symptoms of your illness could impair your judgment like extreme tiredness…or your medication causes impairment…Then you must ask does Atos’s decision comply with British health and safety law in the work place….I mean an accident could happen at any time in any form even down to making a hot drink at work ! I had two assessments by Atos I had to appeal them both, The first I argued the health and safety aspect and my payments were re started without the need for a tribunal hearing, The second I didn’t ,I just argued that Atos’s decision was not based on any medical evidence, therefore it was unfair, I also argued that by stopping my money this posed a risk to my health and well being. I didn’t even attend the tribunal hearing I was that fed up with fighting a corrupt organisation, Returning to work when unfit to do so also will effect your employers liability insurance it may even void it should an accident occur , It is only a matter of time before a serious accident happens at work that can be traced back to the decision of Atos and when that does it must force a review of how a decision is made by the government. Lets face it someone is instructing Atos on how to assess people. Wrong and unfair, The system is designed to be unfair or they would make their decision on true medical evidence! At present the government are bullying and harassing the sick and needy….Cuts in benefits are nothing to do with people receiving more than those who are employed but to pay for the rise in unemployment and immigration ! My local job centre has leaflets and posters saying ” welcome to our country ” with instructions on how to claim benefits , How wrong is that!

    Comment by daniel loveridge — September 20, 2013 @ 6:05 pm

  492. HI Daniel.

    You state that your money was stopped, could you explain what you mean ?, was it stopped because you are on contributory ESA and the mandatory 365 days have expired, or do you mean you did not receive the assessment rate whilst waiting for the appeal to be heard.

    Your point that you were forced to go back to work is valid, but will not wash with ATOS or this Government, they will take the erroneous view that if you returned to work then they were right all along and their brand of getting people back to work is the correct one.

    Yes I know…don’t return to work and you starve to death, do return to work and you get worked to death, a catch 22.

    This is what we are up against, do what they say or die, don’t do as they say and you will still die.

    And is only one of the injustices we are fighting against on our sister site http://www.dwpexamination.org some people want to end the unfair WCA altogether, and some people just want to tinker around with the descriptors.

    And there are others like myself who want to see an end to ATOS altogether, and that’s get rid of the WCA, descriptors and ATOS in one fell swoop, and start again with a new fairer system.

    Better to lose some money now and start again, because the unthinkable alternative is to keep on with this system and keep on throwing taxpayers money down the drain and getting nowhere, in fact just making things worse.

    The first definition of insanity is to keep doing the same old thing expecting a different result – according to Albert Einstein – and that is exactly what this Government are doing, doing the same old thing that doesn’t work, just perpetuating the situation and making things even more worse.

    So we must stop this nonsense now, bring in a new fairer system and start again..!!

    Comment by dwpexamination — September 21, 2013 @ 11:23 am

  493. Hi dwpexamination.
    My money stopped because although I had registered a valid letter of appeal the Dwp decided they were not going to pay me anyway! the way I read the decision was that Atos who were working under the instruction of the government had ruled me fit for work, Unfairly , Esa were refusing to pay me…..This means get a job to me . this happened in January 2012. My appeal was heard by a tribunal panel and a doctor working on behalf of the tribunal board on the 13th September 2013. The Tribunal judge over turned the decision of the Atos health care worker and the ESA decision maker by ruling that I am fully entitled to Employment and support allowance along with the support element on top. Correct me if I am wrong I have only looked this up quickly but there are 2 elements that can be paid on top of the basic rate of ESA 1) job something allowance , For people with a limited ability to work….or ……2) the support allowance, For people with an illness or disability that prevents them from working. The tribunal judge had ruled that I am incapable of working and that I should not be re assessed for a further 2 years. If Atos had examined me properly including viewing my medical notes this would never of happened. I am really not concerned about the views of the corrupt bullying government that now runs not so great Britain ! Their views do NOT alter the legalities of what has happened here. You do have the law of the land on your side. In this case Atos health care and the ESA have breached the Equality act 2010. There also must be a huge question mark on how their decisions comply with the health and safety at work act. Sorry to tell you this but you will never get a fair assessment whilst this government are in power. Its not designed to be fair nor is taking / reducing the employment rights of the employee this is just another government way of pulling the wool over your eyes . Ensuring that the jobs market keeps on moving …..to make it look like more jobs are being created than there are.All this government are capable of doing is talking out of their arse with only one intent to pull the wool over your eyes.

    Comment by daniel loveridge — September 21, 2013 @ 12:41 pm

  494. Well Daniel..it’s illegal for the DWP to just outright refuse to pay you the assessment rate while you wait for an appeal to be heard.

    The assessment rate is ESA less the working component, and it’s around £71 a week, if they refused to pay you the assessment rate then I would love to know a good reason why because I’m not seeing it..!!

    Yes they can fiddle around, they can delay it for months as they did to me (Nearly four months), but sooner or later they must concede and pay the assessment rate and any backdate money.

    By the way, the tribunal judge can rule you are not assessed for two years if he/she wishes, but that cuts no ice with ATOS twat care, if they want to assess you next week, month or whatever…they can and will..!!

    Comment by dwpexamination — September 22, 2013 @ 3:26 pm

  495. Hi, I totally understand what you are saying….But the situation is true my money just stopped….I first started claiming ESA in 2010, I was awarded contribution based Esa. Meaning that I was not entitled to help with my dental care, payment for my medication, social grants etc. My first atos examination was in December 2010. The DWP overturned the decision to stop my money after receiving my appeal letter without needing a tribunal hearing…..I continued to receive Contribution based Esa paid at the flat assessment rate WITHOUT any elements on top , No support or working element from the start of my claim in 2010 right through until they stopped my money in July 2012. I had to pay for my own dental care and medication whilst receiving such a small amount of money for such along time ! These are facts by the way! My second Atos examination was in November 2011 with the decision to stop my benefits being made on the 16/ 1/ 2012. I appealed the decision and my payments re started on receipt of my letter of appeal…I continued to receive my basic rate of esa up until it just stopped in July 2012. Now me being me I was sick to death of being treated like a piece of shit I was sick of having to call them on an 0845 number to sort out why they were messing about with my money.I have Paid into the tax system since 1996 , I have paid a lot of money each year into the tax system each year, Here I am needing help because I had become ill and I was being treated in this shitty fucked up way! I went back to work when medically unfit to do so. I lost my job in August this year I believe because of the amount of time off sick, Hospital treatment that I needed even being admitted to hospital two weeks before losing my job….I am now in the process of gathering all of the information regarding My ESA claim including proof of the payments I was receiving and I am going to get legal advise on the matter. Because this is wrong beyond belief …..Further more everyone blames Atos health care but the report goes to a decision maker at the DWP does it not ? How can Any doctor, medical examiner or decision maker make any decision on your ability to work without viewing your medical notes???? Would you accept a diagnoses for an illness from a G.P or the hospital without the G.P or hospital consultant viewing your notes or your hospital test results? ” Sir I am not going to look at your notes, I think that those chest pains that you have been getting well they are nothing to worry about, You can return to work tomorrow as you can bend your arms and legs? Would this be acceptable? The Atos worker that examined me the second time showed that they had so much understanding of the illness that I suffer with they she could not even spell the name of the illness correctly, not once or not twice but on every occasion on which the name of my illness was mentioned in their report ! which was a lot of times by the way! The tribunal judge ruled that he could not rule on my case because there was NO medical evidence contained in the ESA s evidence there for he stopped the case until he had received my medical notes, He then ruled on my case with a doctor present at the hearing. Now I have been reading up on the laws of ESA. Those who receive the working component can only receive contribution based ESA for a maximum of 365 days however those who have worked their arse off all of their life and now they become severely ill, So ill that it is judged that they are unable to work , So they are awarded the support component of ESA can claim contribution based ESA for as long as the DWP see fit, In doing this the government deny those that suffer with the most severest of illnesses help with their dental care and help with paying for their medication ! Now tell me how this is not discrimination against those suffering from a long term severe illness? Tell me it is Atos that are the problem here, Clearly the government are discriminating against those who for the foreseeable future will not be paying Tax or national insurance , A drain on the Benefit system !

    Comment by daniel Loveridge — September 22, 2013 @ 10:43 pm

  496. Hi Daniel.

    I don’t know how to explain this to you mate, but your going to have to start looking at this logically as opposed to emotionally, what is done is done, now you must take on board your dreadful experience – as I did – and learn from it, the only way I can get this across to you and thousands and thousands of others is by telling a story.

    Once upon a time an evil political party took over a certain country, this party got into power using the democratic process and got into power with the lowest number of votes possible, they didn’t or should I say don’t care about democracy, that is just a ruse to get into Government and start doing what they like.

    Once in power they started to show their true colours, but slowly at first, and they started bossing around and pissing on the people they didn’t like, and the people they didn’t like were the disabled and poor, and that’s who they started with first, just to test the waters, if they can get away with that – and they did – then the other political parties and trade unions and certain races who are not willing to be exploited were next, people laughed they said they wouldn’t do that, our leader is a great leader they said, who cares deeply for our country, hell we should complain and moan about it to each other and write letters to our leader and tell him what his minions are doing to the sick and disabled and poor, and he will do something about it, and that’s what a lot of concerned citizens did, but the leader didn’t listen, because he knew fine well (besides the fact he has a heart of stone) what was happening because he ordered it – after a conference with his gang, which included Iain Duncan Smith…I mean em er Dr Goebbels etc – they decide to get cracking as soon as possible, and the poor were first along with the disabled, then the leader decided he didn’t like a certain small country and threatened to bomb the hell out of them unless they did what he said, around the same time he threatened (All done piecemeal, week by week little by little) the trade unions and on and on it went, there was no end to it because the people JUST WEREN’T GETTING IT, you either get it or you don’t.

    And that is what they did…there was just one sad ending to that story, NO ONE LIVED HAPPILY EVER AFTER.

    But we could live happily ever after if we get together now, instead of not getting it we should accept reality.
    A log into our sister site will help http://www.dwpexamination.org

    Comment by dwpexamination — September 23, 2013 @ 11:56 am

  497. HI , Thank you for your email……..Totally agree with what you have said……..I will be logging onto your sister site……You are right fairness and democracy no longer exists in this country…What makes you laugh is that British troops are fighting for democracy on foreign soil, losing their lives for something that no longer exists in their own country…….How the hell is what the Lib dems did legal? Taking votes from other parties by promising a cut in student tuition fees to win the student votes, Then once in power they blamed Labour for the reason why they could not full fill their promise! Had they been walking around blind? Had they not noticed the state of the rest of Europe s finances and the state of the USA when they came into power ! And then attempt to alter the way we vote to ensure that they have a better chance of being re elected ……Dictatorship! regards Daniel

    Comment by Anonymous — September 23, 2013 @ 11:54 pm

  498. Hi Daniel.

    The main point to realise is this dreadful treatment of you isn’t personal, they don’t sit in a conference and say right let’s target this guy or that guy.

    It’s a systematic and well planned out (1997) abuse of our rights brought in by those champions of peoples rights New Labour (Which really means New Tory) on October 2008 with an even bigger shower of scumbags taking over not long after, they are trying their best to do it all under the radar as quietly as possible, so then looking at it from their (Powers that be) point of view and considering the amount of people involved then I would say up to now at least they have done a good job.

    The mainstream right wing media have all been instructed by the Government to never mention the word ATOS, and even though these very newspapers like the Sun, Express, and the Daily mail et al are all well aware that people have been terribly abused and indirectly murdered they have still complied with the Governments wishes.

    We had/have one saving grace, and without that saving grace there would be no hope for us, we have the internet, a carbuncle on the arse of this Government, oh how they would just love to ban it, and they would if they could get away with it, make no mistake about that, but they can’t and wouldn’t dare try, they only way they could get away with it is to (Like Hitler) ban the other political parties, up to now that is impossible, but believe me they would if they could, and remember that’s just up to now, if they win the 2015 election – say in a massive landslide – they will certainly start getting ugly ideas like banning other political parties they don’t like.
    And don’t think New Labour are going to save us either, they are in on it up to their necks in this mess as well, they are well aware of UNUM, and they are well aware of what they are trying to do, do not be deceived folks.

    It’s as plain as day to me, it’s a mystery how others are complacent and just can’t/wont see it.

    So we must use the internet for all it’s worth, and expose these criminals in power every chance we get, before they get to powerful.

    Comment by dwpexamination — September 24, 2013 @ 8:52 am

  499. I have a friend and he feels that the government is causing more stress than doing any good by introducing these medicals as He is disabled himself and can get very confused stressed and flustered when it comes to answering these questions especially infront of a panel!

    Comment by Faisal choudary — October 11, 2013 @ 9:44 pm

  500. Hello Faisal…..Tell your friend to write a letter to the tribunal panel and put in this letter everything he needs to say to support his argument on why he should be entitled to claim esa. Remember your entitlement to claim is based on your ability to work and not the tick list that atos health care in his medical examination. Ask the tribunal to make their decision on your friends medical notes and not Atos’s tick list. Also ask the tribunal to make sure that their decision complies with the health and safety at work act…because if they rule against your friend they are in effect ruling that your friend is fit for work.

    Comment by Anonymous — October 11, 2013 @ 10:51 pm

  501. Rip mick xx so sad

    Comment by paula — October 22, 2013 @ 1:16 pm

  502. it pays to give alll appropriate documentation that you have

    before the tribunal because they do actually read it all

    Comment by stephen fearon — November 8, 2013 @ 8:51 pm

  503. Thanks for that Stephen.

    Comment by dwpexamination — November 10, 2013 @ 8:18 am

  504. Well how familiar this all sound.
    I applied for DLA November 2012. They took until about March to decide that they wanted a ATOS examination. Tuesday after Easter Weekend I went to the centre. I got seen by a “Doctor” from Poland, who had very little clue what my meds were or what they were for. The distance I could walk slowly between the waiting room and the exam room were no more than 30 meters yet he wrote on the form I could comfortably walk without stoping more than 200 meters. And despite the fact I told him I’d had several falls I wrote on his report I wasn’t at risk of falling! And that there was nothing wrong with my balance. The hop on the table examination I had to ask him to lower the table which he did but “forgot” to put that on the report. And despite the evidence that I’d had a third suicide attempt due to my severe depression, for which i ended up at A&E and had a letter and showed him the scars I have from cutting my self he wrote on the report I wasn’t at risk of harming my self or others! So 7 days later they decided I was fine and could walk for miles so gave me nothing. I appealed with help of a support group from my local authority and last Thursday 9th January 2014 off I went to the court in Sutton with my advisor I could never do it alone, and after waiting 40 minutes passed the hour I was due to be seen they started by asking me first questions how the depression affects my life etc and when I told them about all the many letters and reports I had sent of medical evidence (I have a folder) I was stunned to find out that the DWP people and the ATOS “Doctor” has not sent ANY of my medical letters, reports, dexa scan copy etc. The judge lady was not happy with them in fact was fair to say she was quite pissed off. So now yet again I have to wait because it has been adjourned until they can go through all the medical evidence.
    One of the two people who are supporting me through this, professionals used to this, say that the chances of me winning are pretty high more so because the “Doctor” from ATOS lied and DWP screwed up.

    Comment by Lina Pinto — January 15, 2014 @ 10:17 pm

  505. Yes your chances of winning are extremely high Lina, everyone knows that 99% of ESA85s that churn out of the ATOS factory are a festival of lies.

    Comment by dwpexamination — January 16, 2014 @ 12:42 am

  506. Don’t even know if this will be seen in time to help me but, I’m due to go before a Tribunal on the 24th Feb 2014, now, in my case I filled in the usual forms, and was said to have ‘limited capability to work’ and was requested to attend the jobcentre weekly. I appealed this decision, stating that I was very worried that my condition would stop me from being able to attend the weekly meetings. The appeal was turned down, hence the situation i’m in now. I suffer with chronic anxiety & depression, along with a host of other illnesses but these mentioned are the mainframe of me requesting to be moved to the ‘support group’. As I understand, my benefits are ‘safe’ for want of a better word, and worst case they just say no, and I remain in the group i’ve been placed in. Im 37 years old, and have been receiving treatment for these conditions since the age of 16. And still as each year passes, I have to PROVE my illness and really feel at the end of my tether with the whole system. I have done EVERYTHING that has been offered to me in the way of treatments, tablets, single form, and multiple’s, group therapy, one to one sessions, seen physchologists & phychaiatrists, basically passed from pillar to post and none the better for any of it. Need sleeping pills to sleep, been on these for the best part of 15 years. Suffer with IBS and diverticular disease,(both of these were said to have been caused by the severity of the anxiety & the time it has been active) which really don’t help my situation trying to get out of the house to do whatever the day requires. Im very uneasy with getting out and about, some days I can do the basics, others I struggle to get over the door step. Can’t go out with friends, don’t go on holidays, and basically live within my house in the way that if I do get out, Its very quick and to the point, no hanging around, in, out & home. I could go on forever explaining how my condition affects my life, but in a nut shell its basically in control of ME, not the other way around. What can I expect to encounter at my hearing, im so nervous, I’ve written to them explaining that on the day I will find it very difficult to concentrate on anything as my focus will be on getting home again. I have no one to attend with me, and will be fully dosed up with diazipam for my hearing, which isn’t exactly filling me with confidence. Can someone please advise……….

    Comment by Mike — February 10, 2014 @ 12:55 am

  507. Hi Mike.

    This is something we all have to go through, that’s the way Iain Duncan Smith and his sidekick Lord Freud have arranged it, sicken you to death and hope you just give up and don’t appeal.
    But you have went the course, just one last effort on the 24th, and at least you’ll know where you stand.
    They will ask you questions on your mental health and how it affects your daily living, also on how it prevents you from working.

    If the very very worst happens, and six months have passed since the DWP found you fit for work, then as long as your health condition has worsened (Or you have a new health condition) you can re-apply for ESA.

    Yes it all looks grim, it’s supposed to be that way, but as you can see from the above, there is a re-application for ESA if fate goes against you.

    Comment by dwpexamination — February 10, 2014 @ 5:59 pm

  508. Hi there, and thanks so much for the reply, you really wouldn’t believe the state i’m in about this, and its still 2 weeks away. As far as i’m aware I was placed in the ‘limited capability for work’ group for 18 months, which, given the time taken to ask for a reconsideration, turned down, then appeal, also turned down, then wait almost 6 months for a tribunal date, must be almost up, i’m also worried that If I do make it through this for the better, it won’t be long before the dreaded forms hit my door mat, and the whole process starts again. I’m in bits, and don’ know where to turn for help. I can’t get a specialist to attend with me because i’m no longer under one, my doctor did me a very brief letter ( after a heated debate with him, again government guidelines and time allocated per visit means their hands are tied, time wise) I’m going to b a mess by the time the date arrives and mentally drained before I even step foot in there, and i’m scared they will walk all over me with technical jargon, and pull me apart with ’round the house questions’. I know this may sound stupid, but the amount i’m drinking lately, just to try and calm myself is getting silly. Wasn’t normally a drinker as such, but my nerves are frayed and a stiff drink seems to ease the burden I feel i’m about to face. I knew even from school age I had problems, example,,,,, The teachers would hand out letters for the parents to sign, for permission to go on a field trip, or holiday etc etc,,Everyone would be excited, but I would be the one to stuff the letter to the bottom of my bag to hide it from my parents so I didn’t have to go. I just feel so lost and alone, even though I have a very supportive family network around me.

    Oh and by the way, I found your post to be inspiring and uplifting and I’m glad you got the outcome you so obviously deserved. I’m a lot like you myself, only difference is, on the day, when i’m forced out of my comfort zone, I come unstuck. Thank you so much for the reply, Mike.

    Comment by Mike — February 11, 2014 @ 12:18 am

  509. Mike…I do believe it, because I was in the same state too, then one day I decide that these people were not going to control my life, what will be will be was my attitude, and I went to the tribunal and politely let them know that 99% of ESA 85 assessment reports were complete fabrications, and no longer fooled anymore.

    And they didn’t disagree, but you know what ? they took the view that I was of my rocker.

    Imagine that ? you don’t agree to be abused and there’s something wrong with you.

    Mike…I’ve been to five tribunals, at first I was intimidated, gave them to much respect, that’s over now, no more Mr nice guy.

    Comment by dwpexamination — February 11, 2014 @ 2:54 pm

  510. Hi again all, just back to report that I attended my Tribunal on Monday 24th Feb, was an absolute bag of nerves on the day. The session itself seemed very formal, I didn”t like it one bit. Doctor was firing questions at me left right and center, and wouldn’t let me deviate with my answers, even though sometimes I felt it necessary to give an accurate reply. I was open an honest, and it only lasted about 20 mins. Was told at the end that they wouldn’t be able to tell me my outcome on the day, but instead they would write to me in a few days………………………… Got my decision letter today (27th Feb) and WOW I won, They moved me from the ‘work related group’ to the support group, set aside the original decision made Feb 2013 and deemed it incorrect, and advised that I not be assessed again for at least 24 months. I was overwhelmed upon receipt of this confirmation today. Took a huge weight off my shoulders for now, and I can try to wind down from what has proved a very tough & emotional time.
    Would just like to thank ‘DWPEXAMINATION’ for your comments and guidance, it was a great help. Many thanks, Mike.

    Comment by Mike — February 28, 2014 @ 1:37 am

  511. Cheers Mike, thanks for that, and congratulations on winning the appeal and staying in there.
    They will not bother you now for at least two years, so that’s some relief, and the reason why they won’t bother you is because of the massive backlog (not because the panel recommended it) and the fact that ATOS are leaving the contract.

    We have a new problem now, who is going to take over from ATOS, and is it going to be the same rottenfuhrers running the show ? or new Nazi assessors ?.
    A new profit before health company ? or ATOS under a different name.
    Is the unfair WCA with these dreadful descriptors still going too be in operation ?.
    These are questions that need too be answered, the WCA with the descriptors should be scrapped and a new fairer system put in place, anything less is totally unacceptable.
    So we will wait and see what this Government now proposes, anything less than fair assessments without lies and corruption is simply not good enough.
    So the fight goes on, we must keep at them, so I encourage everyone to log into our sister site and learn your rights.

    Comment by dwpexamination — February 28, 2014 @ 10:08 am

  512. I myself have just been through the ordeal of the dla tribunal in glasgow.i have a rare medical condition, called melas syndome.i am affected by way of my hearing, type1 diabetes and balance problems and memory problems, plus heart problems.when I had atos healthcare assessment by alleged doctor, he was, nt interested in my points and tribunal refused to reinstate my middle rate dla.

    Comment by john easton — March 24, 2014 @ 10:17 pm

  513. John…unfortunately some tribunal members are corrupt, some even – or have – worked for ATOS themselves, or some other private health care company, and they are operating on tribunals for PIP and ESA, it’s a scandal.
    There was one man who was being questioned by one of the Doctors at a tribunal, he thought he knew the person asking him questions, but just couldn’t remember how he knew him, after a long think it came to him, the Doctor worked for ATOS and was also working as a Doctor for the tribunal service.
    He knew he worked for ATOS because had already assessed him some time before, so then…how can he work for ATOS and be impartial on a tribunal, it’s virtually impossible RIGHT ?.

    Comment by dwpexamination — March 26, 2014 @ 9:59 am

  514. Hi All, just had my appeal today and it went well the panel of a judge and doctor were very fair and honest; unlike the patronizing hypocrite from ATOS. The response document sent to me from the DWP contained a lot of ” I respectfully remind / draw your attention / request , aimed at the panel ” ; I considered all this a request too far and wrote to my MP and the Tribunal service to complain about the DWP attempting to influence the independent panel in their decision making. In any event the hearing went ok and I went from zero points to either 24 or 33 (not sure yet).
    The Tribunal service is a good service that needs to remain impartial if you think the DWP are trying to affect or influence the outcome of your appeal the complain to the DWP, your MP and the Tribunal service if everybody does this the DWP will stop their spurious antics.

    Regards and good luck to all


    Comment by Anonymous — May 12, 2014 @ 7:54 pm

  515. Cheers Tony, and congratulations on winning the appeal.
    By the way, the DWP always write that kind of nonsense, it used to sicken me too when I read it.
    F****n crawlers…lol.

    Comment by dwpexamination — May 12, 2014 @ 10:46 pm

  516. Help, I’m off to the Tribunal on Friday 20th June 2014. Got a letter from Dundee Benefit Office saying that new evidence are not grounds for appeal and no grounds to revise the decision under appeal. What should I do next? I’m not very educated so I really don’t know what to say apart from the truth which is that my mental health condition has worsened and I can barely walk, I am on a lot of medication, I have no means of transport, my freedom pass was cancelled by Lewisham Council and I don’t have any money to get to the Tribunal which is based in Chancery Lane, London W.C.1 , I live in Lewisham, South East London, what am I going to do, can anyone help me please?

    Comment by Anonymous — June 17, 2014 @ 2:48 pm

  517. My name is Nina Trehn-Khanna http://www.trehnkhanna@hotmail.co.uk

    Comment by Anonymous — June 17, 2014 @ 3:12 pm

  518. Hello Nina.

    Somehow by hook or by crook you need to attend that appeal hearing.

    If you can get there and tell the appeal panel the truth that your health has worsened and you can hardly walk then you have a great chance of winning the appeal.
    If you win the appeal all money the DWP owe you is backdated, so can you beg or borrow the money ?.

    A non attendance at the hearing will almost certainly mean you will lose, I don’t say this to scare you, that’s the last thing I want you to feel, but to get it across to you that it is imperative you attend and answer any questions they ask you, as I said your chances of winning are extremely high.

    If you cannot get the money for the train then log in here to our sister site http://www.dwpexamination.org
    just think up a username and log in.

    On there you will see the different pages, general discussion page, horror stories page etc.
    And at the top you will see the personal message page, send me a message (Joe Blogs) and maybe I can work something out with you to get you to Chancery lane.


    Comment by dwpexamination — June 17, 2014 @ 6:10 pm

  519. Thank you Sir Joe, for the advise. I’m going to get an Oyster Pay-As-you-go travelcard so I will be going but I also suffer from Stress Incontinence (don’t laugh) so I’m taking my incontinence pads, that should make them reconsider my appeal, if not wet themselves. I will continue to appeal to the end now that I have your support, thank you brother once again. I will keep in touch and let you know of the outcome😝 from Nina Trehn-Khanna 07810378171

    Comment by Anonymous — June 19, 2014 @ 10:21 am

  520. Cheers Nina.

    Just tell the truth no matter how embarrassing, they’ve heard it all before hundreds of times anyway.

    Yes please let us know the outcome of your appeal.

    Comment by dwpexamination — June 19, 2014 @ 8:25 pm

  521. I won- Yeh! Thank you for all your advice, they we’re very helpful and considerate. I was in there for 45 minutes and answered all their questions, after a couple of minutes they said that I have won my appeal and will have all my money backdated. I’m so relieved and can’t thank you enough, cheer’s Joe. 😤
    Regards Nina Trehn-Khanna.

    Comment by Anonymous — June 20, 2014 @ 1:34 pm

  522. Cheers Nina.

    Remember they will be back one day, especially now that you’ve won an appeal and proved them wrong.

    This is not the end, this is not the beginning of the end, but it is perhaps the end of the beginning.

    So join us and beat them.

    Comment by dwpexamination — June 20, 2014 @ 2:19 pm

  523. I won my appeal on the 8th of May 2014.
    This has been like a drama that never ends, and the stress I’ve been through and how it has affected my health can’t even begin to describe.
    Yet with support advisors I’ve persevered and eventually won.
    But this started on the 30th of November 2012 when I applied for the DLA. I then after a few months got a letter saying I was to attend an examination with ATOS in Balham, south London.
    When I got there I was “examined” by a “doctor” from Poland. As it turns out he lied in his statement so much he even contradicted him self. When I showed it to my GP she was so angry at his lies she wanted to write a letter of complaint. But my advisors told me she should hold on that for a bit, then I started the appeal process with help from my advisors.
    The DWP took ages to write to me with a court date, and then I was asked to go on January 9th to the court in sutton. I went with one of my advisors, she works for a department that supports all benefit applicants at Lambeth council, she’s been an absolute star.
    As it turns out when I got to court and waited quite a bit to be called I went into a room with a lady doctor, a lady judge and one woman to do with disability, she was a bit patronising.
    They started asking me questions and then the judge lady said that it was a shame I didn’t have much in the form of evidence with medical letters etc.
    I was stunned cause I have a folder load, which I took with me on the day, and had sent copies of all of it twice to the DWP and the so called polish doctor also made copies, as it turns out the DWP had “misplaced” my letters ie lost it all!
    The lady judge was well pissed, not at me, but at their incompetence. So then she said they would have to adjourn the case to have a look at all the evidence, the court official copied everything I had in my folder.
    Eventually got the new date for May the 8th, and this time went with a friend as due to cuts my advisor could not come with me.
    Again I got a panel of 3 people; a male doctor, a lady judge and a lady expert in disability, this one was nice and actually knew her stuff.
    They asked me tons of questions and then also went through the report the so called ATOS doctor had written, they were stunned when I told them he had lied, omitted certain things I had told him and twisted things to make it look worse.
    And more so the judge was puzzled that in one page he wrote that I’d had several falls, next page he writes that I am not at risk of falling. Or that I’d had a suicide attempt and self harm and had scars for cutting my self, next page he writes that I am not at risk of harming my self.
    So the court heard all the evidence then told me to wait in a room across the hall with my friend for about 10 minutes, then I was called back in and told that I’d won the case, that it never should have gone this far because the evidence was there from the beginning, that I was awarded middle level for care and lower level for mobility and all money would be back dated. I am still waiting to be paid but because the court had made a mistake on one of the start dates and my advisor requested they correct it. The judge also said to me she would be writing to the DWP asking for an investigation on all their blunders.
    So folks persevere, they may put you through hell but it is your right to get this help. As it turns out now I am also entitled to the severe disablement premium from the ESA as I am receiving to the support group level, have done the form, my advisor said they’ll have to back date that one too.

    Comment by Lina Pinto-Goncalves — June 20, 2014 @ 3:59 pm

  524. Kudos to you and your advisor Lina, and congratulations for sticking in there and eventually winning your appeal.

    Your evidence from the DWP wasn’t lost, it was misplaced (Held back) deliberately by the DWP, it’s hard to believe isn’t it ?, I know it’s hard to believe, but they did the same to me as well, and god knows to how many other poor souls out there, they also omitted to acknowledge to the appeal panel that I had won my last appeal. they tried to make out that I had lost my last appeal, but my welfare rights officer got on to it and after a postponement for all the correct information from the DWP, he later helped me win the appeal.

    There’s a bullying culture in the DWP, the managers are desperate to get the figures down – on orders from Ubersturmbanfuhrer Iain Duncan Smith – and to save as much money as possible, they employ fair means or foul, usually foul, and will try any dirty trick to deny people their rights to benefits.

    Have a look at this http://www.mirror.co.uk/news/uk-news/stitching-up-claimants-part-job-says-3537051 it’s absolutely shocking, and shows how desperate the DWP are to stitch people up.

    Comment by dwpexamination — June 20, 2014 @ 6:50 pm

  525. Around fifty thousand people demonstrated against austerity in London yesterday the 21st of June, and not a word was mentioned on the BBC or ITV, or the Daily mail, The express, the Sun etc.

    I thought the BBC were supposed to be impartial ?…I thought they reported everything fairly ?, now we know why Smith and the rest of the Tories were screaming the other day, a veiled threat to the BBC not to report the coming march against austerity, OR ELSE.


    It seems the Guardian newspaper are one of the very few who don’t listen to Smith and his threats.


    Comment by dwpexamination — June 22, 2014 @ 5:47 am

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