Tribunal.
Posted , 3 users are following.
Hello, The date is looming for the second tribunal for my son's claim for ESA. This case has been going on for over a year as the first tribunal could not decide whether to allow my son the ESA back. As I have stated in a previous post my son is now claiming JSA because the last time he was denied ESA he did not make any claims and went for over a year without a single penny to live on. He had to rely on family to pay his way. Should the tribunal go in my son's favour then he should go back onto ESA. If the tribunal goes against him then I am assuming that he will stay on JSA. The whole time he has been claiming JSA he has still been sending fit/sick notes to the DWP. Should the tribunal decide to refuse my son ESA then does he still have to send in sick/fit notes even though he will be claiming JSA?
0 likes, 3 replies
denise15811 Lilmem
Posted
Hi,
I'm trying to remember your opther post but i can't remember exactly why your son is claiming JSA whilst waiting for the Tribunal decision.
Has he been found fit for work previously and had to make a new claim for ESA for a new condtion or existing condtion being considerably worse? I'm totally confised why he continues to send in fit notes when the maxium amount of time anyone can do this whilst claiming JSA is 13 weeks. Are you 100% sure it's JSA he's claiming and not assessment rate of ESA? I'm baffled as to why they're accepting those fit notes for this length of time.
To answer your question if he's refused ESA by the Tribunal (found fit for work) then he won't be able to continue to send in fit notes. He'll have to appear at the job centre for all his appointments, when asked.
denise15811
Posted
Ok i've looked back at your other post from a couple of weeks ago. Your son should be claiming assessment rate of ESA whilst waiting for the Tribunal decision, which i stated in my last post to you but you never came back to reply. As he's going to the Job centre every 2 weeks to sign on then this must mean that sending in those fit notes is a complete waste of time. As i said before it's a maximum of 13 weeks only with those fit notes. He should be back on assessment rate ESA and then send in those fit notes until a decision's been made on the ESA. Being on JSA and signing on every 2 weeks for all this time may go against him at the Tribunal. Who ever adviced your son has given him the wrong advice. I hope for him that it won't go against him.
If he's found fit for work he won't be able to reclaim ESA UNLESS his current condition has got considerably worse and proof will be needed, or he claims for a new condition completely.
Lilmem denise15811
Posted
Thank you for your replies. It is all totally confusing & every time we contact the DWP we are given a different avenue to go down. Initially he was told to continue to send in his fit/sick notes to the DWP & to sign on at the job centre every 2 weeks which he is currently doing. So at this moment in time he is claiming JSA & sending in fit/sick notes every 6 weeks. It makes it very difficult that the powers that be ie. DWP & the place where he goes to sign on tell him different every time he asks. Once this next tribunal is over we should know one way or the other where he stands. When he was first signed off ESA & claimed nothing for over a year, he then went back to the doctor who gave him a new fit/sick note for the same condition. This was sent to the DWP & then he received ESA again. The place where he goes to sign on has made conditions for him because of his disabilities. They have acknowledged that he can only travel no further than 10 mile as long as he is accompanied & have basically accepted the fact that he is not capable of work due to his ongoing problems. Actually they have been very understanding with him & he is more or less in & out in 5 minutes. They have never pressured him to find work as they are aware that he is waiting for a tribunal. If he fails at the tribunal, no doubt it will be a different story & he will be hounded until he finds work or even sanctioned.