Employment and Support Allowance (ESA)
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Appeal

cath61cath61 Member Posts: 28 Listener
Hi I now have my date for my appeal for ESA (as i failed to attend my assessment) due to me being ill on the day ... is there any advise or tips to help me get through this i'm so stressed and worried over the matter. i have had no ESA payment or housing payment since may ive just had my PIP and little pension.  
should they tell on the day how the appeal has gone 
thanks for any information
Cath  

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi cath
    Have you sent any evidence as to why you failed to attend ?

    All your appeal will do is re-open your claim as it was closed for the reason you gave.
    If they accept your reason then you will still have to attend an assessment

    The tribunal panel are independant and will review your case and evidence without the bias of the DWP.
    Easy to say, not so easy to do but try not to worry about it. You have done all you can
    The best thing you can do is take the leading expert on your condition and life with you. Let the expert speak for you, telling the truth and answer any questions with confidence.
    Oh, the leading expert, is YOU. Nobody knows you or your situation better so teach the panel what it is like to be you.

    best of luck and let us know how it goes. Please come back if you have any other questions or need any further help.

    CR
      
    Be all you can be, make  every day count. Namaste
  • cath61cath61 Member Posts: 28 Listener
  • cath61cath61 Member Posts: 28 Listener
    I had my Appeal on Friday and i have lost my appeal what is the best form of action do you think i should take 
    thank you 
    Cath
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    So sorry to hear that you lost your appeal, @cath61. Can anybody advise further on this?
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    edited October 2017
    Hi @cath61

    I'm so sorry about your appeal.


  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @cath61

    These videos are about PIP appeal but are still relevent.






    Scope
    Senior online community officer
  • tommtomm Member Posts: 231 Pioneering
    edited October 2017
    Sorry to hear about your appeal result, What can you do now, Well if you feel that the tribunal has made a Factual error, or error on a point of law,  you can apply to the upper tier tribunal.  but first you will need to request a Statement of reasons and record of proceedings from HMCTS and see what evidence they based their decision on and let someone such as a CAB caseworker read them,
    to see if anything stands out  to them, they will be able to advise you on what your options are
    one other option is to  start a new ESA claim if you still are unable to work, they likely won't pay you until you have been assessd (WCA)  at the earliest, because you failed to attend the last WCA without good reason in their eyes, But  you could claim JSA ,and get a more relaxed claimant commitment due to your health issues 

    Also The housing  should be payable  if you explain you have no income other than the pension , they should re assess your claim , you will need banks statements  to proove your income
  • cath61cath61 Member Posts: 28 Listener
    Hi Tomm thank you for the information, i have asked the court for Statement of reasons ( do you know how long that will take) if i make a new claim will i lose out any owed benefit from ESA? 
    Has for Housing Benefit i asked them back in may when my ESA stopped for nil income claim and they have my bank statements for 12 months now and they still saying its with an adviser i have just asked for  PAYMENT ON ACCOUNT 
    lets hope some will get back to me 
    Thank you again 
    Cath
  • tommtomm Member Posts: 231 Pioneering
    edited October 2017
    Hi,I'llanswer your questions the best that i can
    SOR & ROP from tribunal, You have 1 month to request these, they do not have to provide them within any set time scale, unfortunately, so will depend on if the panel are full time or not, and on their case load ,as a rough estimate 6 to 8 weeks  wouldn't be unusual ,
    You i belive also only have 1 month  to apply to the FFT for leave to appeal to the UTT from the date of the SOR

    As for loosing  any back pay if you started a new claim for ESA ,no it wouldn't affect  anything that may become owed from the period of the WCA desicion upto the tribunal decision date, should you have valid grounds to appeal to the UTT, who will most likely if they find in your favour set aside the latest tribunal decision &   arrage for the case to be re heard, possibly excluding the panel  of the last hearing , they (UTT) very seldome will overturn a decision,themselves, but does depend on the evidence available

    You can't be paid ESA assessment rate (existing claim) if you get leave to appeal or for the period you may have to wait for a new FTT if it's passed back to them, 
    If you where to open a new ESA claim,  with a significant worsening  of a previous condition that was assessed (WCA) they will want some proof of this from you GP or specialist treating you,  or you can claim for a newly diagnosed condition  or both,
    Should you be sucessful with UTT and then @ FTT hearing , and placed in one of the two groups you will be owed whatever the weekly component  is above the assessment rate esa, until  the date of the unsuccessful tribunal hearing date
    What i'mtrying to find info on is .would a fresh ESA claim impact any award period made by any sucessful new FTT  hearing  onwards from the date of the unbsuccessful FTT hearing?

    example( if you made a new esa claim to run from the day after  your last FTT adverse decision ,you get the SOR find error in law  or a significant factual error , apply and are granted leave to appeal to UTT and they  allow the appeal, you get awarded esa SG or WRAG  recomended for a 2 yr period before needing to be reassessed)
    https://benefitsandwork.co.uk/forum?view=topic&catid=10&id=103797 gives similar info but is a few years old, but mostly still the same rules


    Common sense would say that the new claim would be cancelled  and you would be re assessed as and when required by the DWP But sadly they tend not to do common sense,




     

     


  • cath61cath61 Member Posts: 28 Listener
    Thank you Tomm just waiting for my SOR then i can see if i can take to the UTT 
    Cath 
     
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