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Good News at last.

Annabelle26

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.

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Comments

Ripples

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

BenefitsTrainingCo

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

CHAT_chat2us

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

poppy123456

CHAT_chat2us said:

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.

CHAT_chat2us

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.

poppy123456

CHAT_chat2us said:

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.

CHAT_chat2us

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.