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Thread: Tribunal hearing coming up for failed ATOS WCA

  1. #1
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    Tribunal hearing coming up for failed ATOS WCA

    I have to attend for a tribunal hearing on 28/08/2013 to see if I can have my benefit reinstated and I am not hopeful. I attended an ATOS WCA in November 2012 and I was told in December that I had failed the WCA. I put in an appeal immediately and I have been sending sick notes in since the end of December 2012. After reading some horror stories, I am absolutely dreading the tribunal hearing. At the WCA, the assessor told that many lies and she even spent time admiring the earrings I was wearing at the time.

    Since attending the WCA, my arthritis has worsened and I have been diagnosed with arthritis in my right thumb which goes down into my wrist. I also have sero-negative arthritis which I affects the hips, knees and ankles. This is getting progressively worse. Also, I had my right ankle removed in 1994 and had my foot fused to my ankle. In March 1995, it was discovered that the fusion had come undone and I could have lost my right foot. I had an emergency operation in May 1995 to have bone taken from my pelvis and put into my ankle. At the WCA, the assessor, a so-called nurse, said that there was limited movement in that ankle. She didn't even examine it properly or she would have realised that there's no movement in that joint at all.

    Can anyone please give me some advice as to what will happen at the tribunal?

  2. #2
    Senior Member andypandy's Avatar
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    You also have to remember to focus on HOW you are affected and not what your problems/disabilities are

    If they are treating ESA the same as DLA you will have to make a fresh claim if your condition has worsened. The tribunal will only be able to discuss your condition prior to the date on your claim form if this is the case. So if your condition had worsened since you applied they my not take this into account.

    Someone will correct me if I'm wrong
    Last edited by andypandy; 08-02-2013 at 08:12 PM.

  3. #3
    Senior Member acheron's Avatar
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    Hi can't give you any advise about the tribunal but from what I've read they don't sound too bad AP is right you have to focus on how you were when you first got assessed not how you are now but if you do fail the tribunal and it's been six months since you was first assessed you can reapply and if you're health has worsened get medical evidence to back you up

    good luck

  4. #4
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    Quote Originally Posted by acheron View Post
    Hi can't give you any advise about the tribunal but from what I've read they don't sound too bad AP is right you have to focus on how you were when you first got assessed not how you are now but if you do fail the tribunal and it's been six months since you was first assessed you can reapply and if you're health has worsened get medical evidence to back you up

    good luck
    Six month rule does not work like this, if condition has deteriorated then can make a new claim immediately

  5. #5
    Senior Member acheron's Avatar
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    Hi Fred didn't know this but as OP is going to tribunal on the 28 of this month do you think she would be better seeing what the tribunal outcome is first or go straight for another claim?

  6. #6
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    Can't say, no extra money until either tribunal (old) or DWP (new) make a decision, new claim will limit result of appeal but might be more sucessful

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