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Appeal
cath61
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
should they tell on the day how the appeal has gone
thanks for any information
Cath
Replies
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
thank you
Cath
I'm so sorry about your appeal.
These videos are about PIP appeal but are still relevent.
Senior online community officer
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
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
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,
Cath