Employment and Support Allowance (ESA)
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ESA tribunal

nadenade Member Posts: 4 Listener
Hi. I have been sick for several years now and been on ESA for two years. Recently assessed and didn't get enough points so ESA stopped. Done mandatory consideration again denied i now need to fill out the sscs1 pack and send it of bit what do i write that i haven't already. I suffer with CHD, have had a mechanical mitral valve fitted, open heart surgery suffer with severe depression and anxiety..  Many thanks 

Replies

  • bevt2017bevt2017 Member Posts: 353 Pioneering
    Hi @nade
    And welcome to the community.
    I don't know what information you have already sent in.
    Have you kept a dairy with appointments, dates, times and what procedures you have had done? I sent one in even though they didnt ask me to. Or have you kept all your appointment letters?
    I would photo copy all of them and send them all in. 
    Letters from hospitals, doctors, specilist ect.
    A repeat prescription list?
    Do you have help from a charity? Or other organisations? 
    Do you have equipment at home to help you?
    Get as much information has possble.
    I even sent pictures of all my infections.
    I hope this helps
    Let us know how you get on
    Good luck.
  • nadenade Member Posts: 4 Listener
    Thank u for ur reply. I have sent stuff previously bit maybe should have sent more. I will try and add all information i can x
  • Sam_ScopeSam_Scope Member Posts: 7,732 Disability Gamechanger
    Hi @nade

    We have some videos about the appeal process here




    Scope
    Senior online community officer
  • nadenade Member Posts: 4 Listener
    Thank u very much. I have collected all relevant information. I have wrote down my health problems and all medications and also wrote a letter. I suffer really bad anxiety and going to meetings like these really make me poorly so of really rather they made a decision with out me. I think my paper work says it all but then again i did for mandatory even wrote five pages with great difficulty N still got refused. So very fed up x
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    nadenade,

    Lots of people win at appeal - so if you have good evidence, you may find the decision is changed. You'll need to complete an SSCS1 form & send that off - if possible within a month of your mandatory reconsideration. I know people write loads for the mandatory reconsideration and it's very depressing when it doesn't work - but the tribunal will get to see your MR request and anything else you send in, so don't worry, it could still be useful. 

    If you can collect any more medical evidence, particularly recent medical evidence which relates to the date of the decision, that will help. The diary idea is a good one too. You can send evidence in after you've lodged your appeal if you don't get it until later.

    I know you don't want to attend the tribunal but you have a much greater chance of success if you go along. You can explain how anxious it all makes you, and that you don't normally attend meetings. You could try to find local support, and even possibly a representative, through your local Citizens Advice or perhaps a disability information and advice service (which exist in some areas). The Scope helpline can tell you what's available near you, or you can use the postcode tool.

    If you haven't already, you could use the ESA self-test tool to see what points you should have got, and this can help you to structure your appeal. One argument that is sometimes useful if that is work is a risk to your health, it may not matter how many points you score. If you think that applies, explain what the risks are and give any evidence of what might happen if you had to work/look for work.

    Whilst you are appealing, you may be able to get your ESA paid again - this can sometimes depend on whether you claimed universal credit whilst waiting for your MR, but it is worth investigating because, if it applies to you, at least you can get some ESA whilst you wait for the appeal hearing (not the full amount, but it's something). And you should be able to get housing benefit paid as usual, if you get that. 

    It sounds as if you've been very organised with your appeal and hopefully, you'll get your ESA back. You could even try ringing the decision maker once you've sent all the evidence in (as it gets copied to the DWP) and see if they will change the decision without going to a hearing. Again, a local advice agency  might be able to help you do this.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • nadenade Member Posts: 4 Listener
    Thank u so much for urgent wily.  I can only sit and hope now as I have sent everything of and a cover letter. I put to decide with out me as this whole situation has really made me more depressed and anxious don't think I'd make it out the door. Was told by Jsa to call them once I know letter has been received and then I go back on esa until late decision. He didn't say it would be less though but something is better than nothing. I'm proud of myself for achieving so much little things to some but huge things to me. I now have a support work and am having cognitive behaviour therapy. Had my meds upped. I have got this is can do this... I hope xxxx
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