Employment and Support Allowance (ESA)
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Tribunal court

I have court date shortly after waiting 18 months after having a Mr. All my medical conditions for arthritis tintinus  carple tunnel depression spinal degenerative disease were all diagnosed before my reassessment but they didn't seam to take this into account at the time as one can only walk about 30 mtrs with out stopping and can raise neither arm above my head difficult to dress and wash and have had earing aids to help with tintinus sinice. Hopping that because my conditions have deteriorated hugely since the court will accept them from the start. As all my medications have been increased to try to help my conditions and have had numerous hospital appointments since.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    pigeon55 said:
    I have court date shortly after waiting 18 months after having a Mr. All my medical conditions for arthritis tintinus  carple tunnel depression spinal degenerative disease were all diagnosed before my reassessment but they didn't seam to take this into account at the time as one can only walk about 30 mtrs with out stopping and can raise neither arm above my head difficult to dress and wash and have had earing aids to help with tintinus sinice. Hopping that because my conditions have deteriorated hugely since the court will accept them from the start. As all my medications have been increased to try to help my conditions and have had numerous hospital appointments since.
    HI,

    The Tribunal will only take into consideration what you were like up until your assessment, any worsening of condition after this time will not be taken into consideration when making the decision.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    That is my thoughts as well. But after having to wait at no fault of my own my condition has deteriorated and was told as it was cb based esa I was not entitled to any benifit while awaiting court date. Also felt I couldn't not apply for jobs speakers as that would be surely at total contradiction after I no I'm not capable of work. Surely they have to put something in place for people in my position.
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    If your not receiving PIP and you do the self test maybe that’s a route to try
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    pigeon55 said:
    That is my thoughts as well. But after having to wait at no fault of my own my condition has deteriorated and was told as it was cb based esa I was not entitled to any benifit while awaiting court date. Also felt I couldn't not apply for jobs speakers as that would be surely at total contradiction after I no I'm not capable of work. Surely they have to put something in place for people in my position.
    The reason you weren't entitled to ESA while waiting for Tribunal is because CB ESA is only payable for 365 days unless placed into the Support Group. Unless you're placed into the Support Group at Tribunal then you won't be entitled to any money for ESA.

    Unfortunately, the worsening of condition rule still stands and the Tribunal won't take it into consideration.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    Yes I no cb esa only runs for 365 days unless your in the Sg. I'm get middle rate pip and have reassessment for that shortly as well due to the change of circumstances. I just feal very strongly from day 1 that I wasn't fully told of different types of benifit and there conditions. I only had 1 vista's to the job center in all the 12 months of my esa so thought I was not capable of work and was very surprised when the letter fell through my door in Jan 17 saying my esa was about to stop. This is when I began to question the system as at the age of 60 and working all my life this was all new to me. Will be seking advice for every dession from now on as my advocate as been very very helpful links since our introduction.
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