Employment and Support Allowance (ESA)
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tribunal esa

I couldn't manage to go for my ESA assessment due to me taking new medication it knocked me out . I did my MR and sent paperwork showing A fit note new medication and letter form AE showing i was there a few week beforehand showing my osteoarthritis had got worse and now in my chest wich is very
painful.ESA said threy never received it which i seng 3 time once in the post and twice by local job centre.  There resone for not over turning the decision was they did not get any evidence which i did send .
i have now gone to tribunal and i wanted to know if there are going to pay me whilst they look at  my case and does any one know how long it taks has i have not had a payment since may 
Thank you for any help 

Replies

  • gnmeadsgnmeads Member Posts: 187 Pioneering
    Hi cath61 welcome to the Scope community and sorry to hear about your problem with ESA.
    Are you claiming any other benefit? The reason why I say this is it can take a while for them to make a decision especially if they are stupid enough to make silly mistakes like that.
    Try phoning the ESA help line on:

    0345 608 8545

  • cath61cath61 Member Posts: 28 Listener
    Yes I get pip also I will ring ESA but I'm not sure what to say to them, 
    also could you tell me if they should reinstate my housing benefit now I've had a letter from tribunal? 
  • gnmeadsgnmeads Member Posts: 187 Pioneering
    Hi cath61
    When you ring ESA just tell them everything that has happened. I think you should find they are more helpful than most benefit lines. With regards to your housing benefit I would get in touch with your local authority and ask it they have heard anything about your case
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @cath61

    I suggest you re-post in Ask a benefits advisor category.
  • Debbie_ScopeDebbie_Scope Member Posts: 947 Pioneering
    Hi @cath61,

    The basic rate of ESA can usually be paid while waiting for an appeal to be heard in tribunal. This doesn't apply to cases where there was a failure to attend a Work Capability Assessment or failure to return the medical questionnaire.
    I think based on what you've told us, you're not going to be paid the basic rate of ESA whilst waiting for the appeal to be heard.

    It's possible to have your housing benefit paid though so do speak to your housing benefit department and explain what has happened. You can have your housing benefit assessed on a nil income basis.
    There is the option of claiming JSA while waiting for the appeal to be heard but I think you would benefit from some further advice about this.

    Talk to ESA first to get a definitive answer on payments while waiting for the appeal and then let us know how you get on with that and we can advise further.

    Best wishes
    Debbie

  • cath61cath61 Member Posts: 28 Listener
    I have rung ESA they just said it's with the appeal court and they can not do anything said to claim JSA but I'm not well enough to do that 
    I've been in touch with housing just said there is a back log of work not helpful 
    thanks everyone for advice 
    looks like I have to just wait and no money coming in only pip
    cath 
  • Debbie_ScopeDebbie_Scope Member Posts: 947 Pioneering
    Hi @cath61,

    It's still possible to claim JSA with a medical certificate, however it can be a bit difficult getting past the initial stages. I definitely think you would benefit from some further advice about this.  

    Have you been able to get in touch with your local Citizens Advice, or looked for advice and information services on our Service Directory for help with this? 

    You might also have a Law Centre in your area or a welfare rights service at your local Council.

    Your local council may have a Local Welfare Assistance Scheme if you're in urgent need of essentials like food and utility top-ups.

    I hope you're able to get some local advice, let me know if you can't.

    Best wishes
    Debbie
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