Employment and Support Allowance (ESA)
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Good News at last.

I rang the DWP yesterday about what is happening to my ESA now the Tribunal made the decision in my favour.  The person I spoke to was really helpful & confirmed the DWP was going to reinstate my original contribution based ESA & back date it to when it was suspended in March but I need to close my JSA claim after I receive my payment next Tuesday.  She also sent an email to someone to ask about the arrears.  Someone from the DWP rang this afternoon & confirmed I need to contact the DWP next Tuesday to close my JSA claim.   My ESA will be activated once that is done & I should receive the 1st payment on 30th August plus I may receive the arrears about then.  I have a long list of what I will do with the arrears but the priority will be clearing bills & putting some away for bills coming up.

On the negative side I still have to attend a Tribunal hearing to discuss my PIP claim on 6th September.  I get anxious when I think about it & part of me does not want to go but I know I have to be strong.  My MP has written a good support letter to send to them.  I am thinking positive & I will get the award. :):):):):):)

Replies

  • RipplesRipples Member Posts: 189 Pioneering
    Good luck with everything. It is a shame we have to jump though all these hoops to get anywhere.  My sister was diagnosed with cancer in January and had to finish work  you would think that would be fairly straight forward but everything is a battle with DWP
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Annabelle26,

    You could use a copy of your ESA appeal decision to assist you with your PIP tribunal, as regardless what the DWP say about them being two separate benefits, there are overlaps with the criteria. It does all depend, of course, on the dates of the ESA and PIP decisions to see whether it would be useful to use it, as if they are far apart it is less useful than if the decisions were close together.
    If you attended your ESA appeal you will know what to expect and as you have had a positive experience from it hopefully that will give you some encouragement for your PIP appeal. All the very best!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • CHAT_chat2usCHAT_chat2us Member Posts: 8 Connected
    Hi Annabelle I would take someone with you. It looks good for you to have support even if that is just a family member. They can also say something on your behalf especially if you forget something. All the best. Jeanette
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi Annabelle I would take someone with you. It looks good for you to have support even if that is just a family member. They can also say something on your behalf especially if you forget something. All the best. Jeanette
    A person attending an assessment or a Tribunal with a claimant is more often that not, not allowed to speak on their behalf unless they're their appointee. Sometimes you may have a nice HCP that will allow then to prompt them or add a few things, as you stated but mostly they won't be allowed. The same for a Tribunal. Sometimes they will be asked at the end if there's anything they want to add but again mostly they are not allowed to speak on behalf of the other person. Unless of course as i stated, they're their appointee.
    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.
  • CHAT_chat2usCHAT_chat2us Member Posts: 8 Connected
    I go as a support worker and have always been invited to speak up on behalf of my client. Friends and family are also allowed to do this if they inform the Usher before they go in the court room. Anyone can be a dedicated appointee if you so wish.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I go as a support worker and have always been invited to speak up on behalf of my client. Friends and family are also allowed to do this if they inform the Usher before they go in the court room. Anyone can be a dedicated appointee if you so wish.
    This is not correct, i'm sorry. A Tribunal is not a court, it's just a room. The person attending the Tribunal with the claimant won't be able to speak on their behalf. The Tribunal will want to hear how their conditions affect them in their own words. Sometimes but not always the Tribunal will ask at the end if there's anything they want to add.
    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.
  • CHAT_chat2usCHAT_chat2us Member Posts: 8 Connected
    Sorry but the Tribunals I have been in are in the Magistrates Court, maybe its done differently in Hampshire. They have stopped using the High Court rooms but are still in the Magistrates chairs. Health Assessments are different which are just rooms. A member of the DWP are present and both the claimant, the DWP and myself have been asked if their is anything we want to add. I have been to court for AA, PIP and ESA claims. Especially for mental health claims.
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