Tribunal coming for esa
Posted , 4 users are following.
I got kicked off esa in march after downplaying my condition to the medical assessment nurse believing social services would get involved I now know it's not possible now I am on job seekers knowing I cannot work I have a tribunal coming up and I'm so nervous as I suffer with depression and anxiety, suicidal tendencies and self harming could someone please tell me what I have to expect so I can go in forearmed. Thanks
1 like, 23 replies
Lilmem lynzie42264
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I am also waiting for a date for my tribunal. I was told last October that I was fit for work so I had a mandatory reconsideration & the decision stayed the same. There was a tribunal hearing in March but the board were unable to come to a decision as to whether I was fit for work. I have been to a tribunal in the past & found that the board are understanding & fair. Tell them the truth & you should be ok. Take someone with you. I am thinking that by the time the second tribunal date is made I will of been waiting for a decision for almost a year.
lynzie42264 Lilmem
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Thanks for replying. Wow that's terrible they can do that. I feel sometimes people are treated so unfairly and the ones who are really suffering get the worst deal. Good luck though I hope it turns out good for you.
Lilmem lynzie42264
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Thank you & I hope all goes well for you.
issymc lynzie42264
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lynzie42264 issymc
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I'm glad they did that for you I'm starting to feel a bit better now guys thanks very much it's so daunting being made to sign on knowing I wouldn't be able to work but being penalised for not turning up for interviews because of anxiety it's ridiculous.
issymc lynzie42264
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denise15811 lynzie42264
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Hi,
Have you sent of the papers to the Tribunal? Or are you at Mandatory Reconsideration stage still? If you've sent off the papers to Tribunal and they've accepted them you can then go back onto assessment rate of ESA, you'll have to continue to send in the sick/fit notes but you won't have to worry about the sanctions for JSA then. Need anymore advice regarding this then please do just ask.
lynzie42264 denise15811
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Yeah but be sent the tribunal form off with some hospital letters from the crisis team I'm just waiting for a reply now then I have to go to the cab to see if I can get a rep as they are in short supply. Thanks very much Denise x
denise15811 lynzie42264
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lynzie42264 denise15811
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denise15811 lynzie42264
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Yes it can happen but not very often. You can go back onto assessment rate for ESA now, you'll have to start sending fit notes again too. You maybe in for quite a wait for this Tribunal, just to warn you. Good luck and please do come back and let us know that outcome. x
lynzie42264 denise15811
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denise15811 lynzie42264
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That's great news lynzie, so you were placed in the WRAG is that right? Always happy to help xx
lynzie42264 denise15811
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denise15811 lynzie42264
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As you said you scored 24 points then this must be the WRAG because the Support Group isn't about scoring points. Yes i would advice you to ring them and ask which group you've been put into. x
lynzie42264 denise15811
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denise15811 lynzie42264
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For them to be able to appeal to the Upper Tier Tribunal (UTT) they must first ask for the Statement of Reasons (SOR) Once they recieve that they must then find an error of law in making that said decision. This is extremely hard to do and DWP almost never bother. They also have 1 month from the date of the decision to appeal to the UTT they may go as far as ask for the SOR, which will delay your payments but other than that i'm fairly certain you'll be just fine. Payments and letters etc may take up to 6 weeks but hopefully for you it will be before Xmas at least.
lynzie42264 denise15811
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denise15811 lynzie42264
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You're welcome lynzie,
Just out of curiosity when did you first apply for ESA? Or have you been in a group before?
lynzie42264 denise15811
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denise15811 lynzie42264
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lynzie42264 denise15811
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