Employment and Support Allowance (ESA)
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ESA tribunal - who has the power?

robbiebox361robbiebox361 Member Posts: 3 Listener
i have nerve damage to hands and feet.which leads to secondary problems.i have had to appeal on 3 occasions after the nurse said my nerve damage to my hands (15 points off court)was worth 0 points..hooray a cure.!!!but gave me  9 points for my feet.of course this knocked  me off esa.i have seen this nurse 3 times.and she tells lies.and is now full time..well i know why?..
when the judge gave me 15 for hands.he said he wouldnt bother about my feet.as he was giving me 15 for hands..i went back to court showed him my award for hands .and the nurse saying basically they were wrong for giving it to me.he gave me hands points back and 9 she gave me for feet.and said i no longer need to go for anymore medicals..
i have since been told that they can send me for medical...but just by a person who has been knocked off ??.so question .is my ruling correct.does the court have the power or can esa send me again...because they knocking peeps off like crazy round my way...tnxs

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi robbiebox and welcome

    The tribunal can amend an award and recommend a review date, BUT ESA does not have an end date and can be reviewed at any time. There was a change last year whereby some people in SG with severe conditions who meet the criteria will be told after thier next ESA assessment whether they will be excused future assessments. This will be on Your decision letter if it appys

    CR
    Be all you can be, make  every day count. Namaste
  • PeachyPeachy Member Posts: 9 Listener
    I got knocked off ESA in 2013 and appealed and lost my Tribunal cab said I couldn't have had a worse judge or Doctor, you don't usually get them both together. I did go back on ESA after 6months, been to another ESA medical assessment last March but that time I asked for it to be  Audio recorded and thought they wouldn't be able Lie on that, like I said thought. I turned up at the  venue and was there for nearly 4 hours for them to come to me and say its cancelled and they will send me another date through the post. which they did, They knocked me off again but they lied again but on the examination part, so put an appeal in and should have gone today (9th January2018) only to have a phone call to say it is cancelled and they will send me another date through. I was a bag of nerves as it was and it as made me feel really ill to have it done again. I was worried about going into the court as it was because of the last one. The thing is I haven't got any evidence from hospitals or anything because the operations and consultants I was under was a long time ago. just don't no how to cope with all this going on, Any help would be appreciated Thanks
  • robbiebox361robbiebox361 Member Posts: 3 Listener
    hi tnxs for the answers..on my first visit to tribunal it said not to re examine at least 2 years from tribinul..My last one 06.07.2016 it said "in view of the degree of disability found by the tribunal and unless regs change,the tribunal would recommend that the appellant is not reassessed .which is basically what the judge told me....tnxs
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