Employment and Support Allowance (ESA)
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Preparing for ESA court hearing

struggling01struggling01 Member Posts: 4 Listener
Hi I have just registered on here to see if anyone can help me with my situation im in and to learn about other things like other people's situations. 


  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @struggling01
    Welcome to the community, do you want to tell us a bit more about yourself and your situation to see if we can help?
    Senior online community officer
  • RipplesRipples Member Posts: 189 Pioneering
    @struggling01 Welcome , I am sure that anything you want to share that you need advice on will be answered by the online community
  • struggling01struggling01 Member Posts: 4 Listener
    Yes I had a accident at work which has left me with damage to my back ive had 1 op on my back but has not had much effect it has also cause me nerve damage to my legs which cause me to have falls I have to use crutches or a walker to get about my there's other things im have to do but are a bit personal im also suffering with anxiety and depression my doctors can't see how the assessor at my ESA appointment scored me how she did I just need advice on what i need to do to prepare for my court hearing can you give me any advice and thank you for replying 
  • RipplesRipples Member Posts: 189 Pioneering
    edited May 2018
    @struggling01 were you made any award and have you   been through the Mandatory Reconsideration stage (MR)? You have to fill in an appeal form if you have not done so already. particular reference to section 5 of  the form which asks you to explain why you think the decision is wrong fro example 'it was recorded that I walked with crutches without apparent rest or discomfort for  50 metres which is not true'  This might help as well  https://www.turn2us.org.uk/Benefit-guides/Challenging-an-Employment-and-Support-Allowance-de/Appeal-against-the-decision
  • struggling01struggling01 Member Posts: 4 Listener
    Hi Ripples im at the court appeal stage my hearing is on the 19th June I just don't no what ì have to do or things that i have got to do to help me .
  • ann33ann33 Member Posts: 14 Listener
    I dont know what to do ive been found fit for work when I got chronic pain in my feet my ankle gives way so I fall other I have some other problems with my feet so can't stand long and can't sit long I have severe depression and anxiety and signs of pdsd 
  • ann33ann33 Member Posts: 14 Listener
    And I also have chronic back pain I'm worried sick 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi struggling01,

    You need to prepare your case as best as you can. It would help if you haven't done so already to go through all the descriptors on the ESA assessment and to write down which ones you satisfy and why, because these activities and points are what the tribunal will also be scoring you on when they make their decision.
    You could also point to anything that the assessor put into their report that was report, or mention anything you said that was not included. If you have any letters from your GP or anyone else medically qualified then it would help if you sent those in too.
    A local adviser at your CAB or another advice agency may be able to help you to prepare your case and you've still got time to try and get someone involved. Good luck.

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • struggling01struggling01 Member Posts: 4 Listener
    Thank you for that it means alot ill try my best as i just find things like this hard to do
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