ESA Tribunal - anyone successful?

Gigi64

Hello , has anyone been given zero points after ESA assessment and been awarded at Tribunal? after almost a year of fit notes and bad health finally had the phone assessment to be awarded nothing, I’ve sent relevant information and doctors letter but I imagine this is going to be a long drawn out wait . Anyone successful? thanks .

Holly_Alumni

Hi @Gigi64 I'm so sorry to read this. I've seen quite a few people have been, but like you said, it can be a long process. I'd definitely recommend persevering though if you want to. Hopefully some of our members will provide some feedback from their experience soon.

In the interim, this link to our website might be a helpful read - Appealing a benefits decision | Disability charity Scope UK

Gigi64

Thank you , yes I’d really like to hear if anyone else has experienced this .

Rachel_Scope

Hi @Gigi64. I haven't had this experience with ESA but I have with PIP. I was awarded 0 points when I first applied but was then awarded at the tribunal. It's a long process but it's worth appealing. How are you feeling about it?

OverlyAnxious

Hi,

This is common for PIP but very unusual for ESA.

Most people are awarded ESA Support Group for just one single descriptor on the WCA. It is not usually a points based system unless you don't fit any single descriptor completely.

Do you mind saying which points you believe you should be awarded so we can see where the assessment might have gone wrong?

Gigi64

@OverlyAnxious

Well I’ve been unwell since last year and been claiming basic rate , sending in fit notes , scan results etc , then had fone assessment to be awarded zero points , you need 15 to be in the support group. On the assessment I felt pressured and really stressed and unwell , my answers were exaggerated and some were actually untrue on the return forms but my work coach helped me go straight to tribunal along with my doctors support. I honestly don’t know how long this will all take but it’s very stressful, apparently this is becoming more common, I don’t think I’m alone . The report said I can do things I absolutely can’t it’s so distressing, I’m made to feel undeserving and pathetic, it’s very difficult.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1142149#Comment_1142149

Sorry but that isn't really how the WCA works. If you fit just one descriptor fully then you get put straight into the Support Group and don't need to score any points. Most of us get Support Group that way.

If you don't meet any single descriptor fully then you need to score 15 points across different descriptors. However that doesn't give you Support Group, that puts you into the WRAG group instead. WRAG only lasts for 12 months and you will be required to carry out work related activities during that time as well.

If you have one single task that you can't manage, it is far better to focus on that to be placed into the Support Group.

Gigi64

@OverlyAnxious

Ok thank you for that , it’s difficult as I have a lot going on but obviously as you say probably better to focus on one task . My doctor is doing another report for me along with more in depth details of scans etc . Not much more I can do is there , I’ve told the truth and if the tribunal goes against me I really don’t have the energy any longer to keep going with this. It’s worrying me so much it’s so stressful.

Rachel_Scope

Sorry it's making you feel so stressed @Gigi64. It's an awful process and many of us here can relate to that. It's good that your doctor is writing another report and hopefully that will be enough. Do you have a good support network to help you through this?

Gigi64

@Rachel_Scope

Thank you yes really stressful, well I have my doctor and work coach which is good . Thing is that gets to me the most is that I’m an older person , worked for almost 50 years never being sick , and now I need help I would never have thought for one moment it would be such a horrible fight . I really understand now how upsetting this whole process is for so many people and until now I had no idea . It’s horrid for people.

Rachel_Scope

I can see how this would be difficult for you if you've been so healthy for so long. It really is a horrible process and it's so unfair to people who need it. If you find yourself in need of talking to someone, here are some places you can contact for some support:

Mind

Samaritans

https://www.nhs.uk/nhs-services/mental-health-services/

Gigi64

Thank you .