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Hi, my name is Angel110!

Angel110
Angel110 Member Posts: 9 Listener

Hello everyone,

I am new to this site please bear with me if I make any errors.

My ESA was reviewed last year in September and after completing ESA50 I was invited for f2f where the Assessor lied through her teeth on the report I was in Support group. I have permanent disability walking I had worked for 27 years but have up 3 years ago as it was getting worse anyway last year after the review I was put in WRAG I am now appealing this to the Tribunal and I am nervous of course but as soon as I appealed I got an invite from PIP advising that this was ending and to apply for PIP I have done this but having read the horror stories on many different forums its really worrying and stressful. I don't understand why they make disabled/ill people go through this do they not realise that these people are already on medication and they can get worse with this additional stress I am sure we don't enjoy these benefits. I would rather work than be disabled I would rather walk far than using blue badge.

Can I ask a question please As I have applied for PIP if this goes against me and if MR declined and if I take it to Tribunal will they still pay the DLA or will it stop completely until the Tribunal bearing mind Tribunal takes months and months.

Also regarding my ESA is this for just one year from what I have read online its been 4 months now it has gone to Tribunal and I am waiting for a hearing date. If the Tribunal goes against me do I have any further appeals I can go. My disability is black and white but regardless of this and all the evidence submitted they put me in the WRAG group and regarding my PIP it has been passed to ATOS



Comments

  • htlcy
    htlcy Member Posts: 128 Pioneering
    Hi Angel110, thanks for sharing your story and welcome to the community. It might be worthwhile checking out these areas of the community: https://community.scope.org.uk/categories/benefits-and-finances 
    https://community.scope.org.uk/categories/ask-a-benefits-advisor as they might help to answer your questions. I hope you manage to find the answers you're looking for, and it's nice to see you over here.
    Heather
  • Angel110
    Angel110 Member Posts: 9 Listener
    Hi and than thank you I will have a read. I think the more I read the more stressful I get it's horrible wait having to justify your health.
  • Chris_Alumni
    Chris_Alumni Scope alumni Posts: 689 Pioneering
    Hi @angel110, welcome to the community. I've moved your post to the benefits advisors page that htlcy mentioned, as they may be able to offer you some advice.
  • Angel110
    Angel110 Member Posts: 9 Listener
    Thank you Chris  :) please bear with me until I get familiar with the site and apologies if ive posted on the incorrect page I shall look 4ward to help/ assistance/ advise to get ready for PIP assessment and ESA tribunal 
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering

    Hi Angel110,

    I'm sorry to hear that you are having such a stressful experience, unfortunately you are by no means alone in this!

    As regards the ESA, it sounds like you have already taken the correct steps in the MR and then appeal. My only words of warning would be to remember that the Tribunal can reduce your award (i.e. end it) as well as increase it. This may not be an issue for you, but just bear this in mind.

    If your appeal is not successful, you can appeal to the Upper Tribunal on a point of law only. If you are considering this, get advice from a local agency such as CAB or welfare rights if you can, or get back in touch with us!

    If your appeal is successful, the DWP will re-instate your claim, but can then reassess at their own discretion - if this is really soon, then you could make a complaint, but still comply with the reassessment.

    As regards the PIP, once the PIP decision has been made, this will supersede the DLA decision and this will end. If your claim is refused the appeal process is the same as for ESA.

    Good luck and best wishes

    Mary

    The benefits Training company

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel110
    Angel110 Member Posts: 9 Listener
    Thank you for the advise. I got 15 points but zero under reh 29 hence they put me in WRAG . I have been disabled from child and only gave up work 3 years ago as my disability was getting worse I can't walk without aids as I have polio and can't self propel wheelchair due to weakness in my arms they have allowed me WRAG under special rules as they say they know I have a problem with walking at the time of the decision I was going away abroad with my family I had to lt them know anyway to get the appeal process out of the way in the 28 day time frame but they have now used this against me that if I'm fit to travel 8 hrs flight I'm fit to look for work but I don't holiday every week or every moth once in few years but this was a family wedding besides I travelled with my family not alone becos I cannot do so and everywhere has wheelchair access special seats etc as you know. I am dreading as to what they will ask me at the tribunal regarding this. The rest is visible in black & white. I surely will come back once u hear regarding the PIP too 
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi Angel110

    The only thing i have to add to Mary's advice is to get some help with your appeal locally as soon as possible. Whilst you can do it on your own generally it's better to get some help from a local advice agency (if this is available).

    Also, you asked about a one year time limit for ESA. ESA is time limited to one year unless you are in the support group or you (and any partner) have no other income/capital. And so if, for example, you have a working partner the only way you can get ESA beyond one year is to be successful at getting into the support group.

    I hope this helps
    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel110
    Angel110 Member Posts: 9 Listener
    Yes of course I understand but what happens if I don't a hearing date till then and if one year ends can I reapply for ESA contribution based I wouldn't qualify ESA IB as my hubby works and he's on the cap wage sorry for question after question 
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi Angel110

    Even if the one year passes before the appeal tribunal takes place you should continue with the appeal and go to the hearing. If you are successful and the tribunal agrees you qualify in the support group then they will instruct the DWP to change its decision. This will have the effect of putting everything back to where it should have been had the DWP made the correct decision in the first place. And so you shouldn't lose out because of a delay.

    If this happens and you are not sure then check back with us and we can provide you with further advice on the correct procedure. 

    I hope this helps
    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel110
    Angel110 Member Posts: 9 Listener
    Thanks David. Indeed I'll come back for further advise x x thank you 
  • Angel110
    Angel110 Member Posts: 9 Listener
    edited April 2017
    Hello to all the lovely people,  

    i have received a Tribubal hearing for my ESA in a fortnight unfortunately the lady helping me with the appeal is on leave until the day of my appeal she done a submission what do I do now ?  Send the submission tonTribunal I think I read somewhere to submit 7 days before the hearing. Can I submit photographs or take them with me at the Tribunal. I don't know if somebody will be representing me I'll find out in couple of days. Any hints n tips I'm in WRAG appealing to be moved to SG got 15 points under special circumstances but nil for reg 29 yet this is my main problem is mobility. But with the Heath assessors report who lied through her teeth got me in WRAG when I was actually in SG your help will be much appreciated it's my first time i know allot of claimants are in the same boat and I feel for you all it's horrible I'll be like this for next 2 weeks now x xThank you in advance 

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