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Esa tribunal hell

jammy0121

Hi guys after some advice please after going through 18 months of hell!! SoI applied for esa 18 months ago as I had severe back pain and leg pain I also couldn’t walk and needed help with dressing bathing etc,at the time I had no medical evidence as I was awaiting mri and X-ray results,they failed me on the medical and gave me 0 points I then asked for a mr but this was declined aswell so I have took it up to the tribunal,during the last 18 months I have been diagnosed with herniated disc,nerve impinment and degentive disc diesese and my mobility got worse coming to the point where I can’t walk more then around 10 metres at a time without having a rest,I applied for pip in this time and was successful first time after a home visit which has honestly become a life line for me ,fast forward today I attended my esa tribunal the judge was very nasty with me and said from what esa have said in the reports she doesn’t think I should be getting pip and that she was adjourning the appeal as she wanted to speak to them,I am now so stressed and worried my pip will be took of me it really is a lifeline for me and I was so happy and grateful when I was awarded it,my question is can the judge actually have my pip stopped even though it’s a esa appeal if so should I just drop the tribunal please someone advise me I’m so so worried and I thalami any one from the bottom of my heart who replies xx

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jammy0121

CaraLee

Hello @jammy0121 I am so sorry to hear you are having such a difficult time, this must be very distressing to you. It is great you reached out to our community for some advice and support. Unfortunately this isn't an area I have much knowledge of, however I have personally found the page I have attached a link to very helpful in understanding tribunals there are some helpful videos and lots of information about different benefits clearly broken down. https://www.scope.org.uk/support/disabled-people/benefits/appeals
Some of our other community members may have similar experiences they could share that might help you. I would try not to worry as you now have confirmed diagnoses with medical evidence to support your PIP and if you look at the information I have attached hopefully it might help you undersatand the steps you can take to ensure you have everything you need to support your claims and ease your anxieties giving you the knowledge you need for how to prepare for the tribunal and what to do on the day for the best outcomes (check out the videos on those topics on the linked page) Best of luck, here for support, feel free to inbox at any time if I can help anymore or if you just need a vent.

wilko

Hello, not knowing what powers the judge has on these maters I would think not. As PIP and ESA are two different benefits not related or connected in any way shape or form. I would hope and sure your PIP award is safe unless you are recalled for an reacesement. But I think this will not happen, hopefully other members will share their opinions and knowledge on your questions.

jammy0121

wilko said:

Hello, not knowing what powers the judge has on these maters I would think not. As PIP and ESA are two different benefits not related or connected in any way shape or form. I would hope and sure your PIP award is safe unless you are recalled for an reacesement. But I think this will not happen, hopefully other members will share their opinions and knowledge on your questions.

thanks so much for your reply you have really put my mind at rest my husband said they maybe trying to scare me but I’m not sure thanks so much for replying xx

CockneyRebel

At the time you were assessed for ESA your condition probably was not as bad as when you had your PIP assessment, The judge can only consider how you were at the time of the report ie. 18 months ago which is now clearly out of date. ESA and PIP seem similar but they do have different criteria.

I doubt that the judge can stop your PIP although they may be able to ask that you be reassessed.

When did you receive your PIP award and for how long ?

My opinion would be to carry on with your ESA appeal as you have nothing to lose and potentially a lot to gain

jammy0121

CockneyRebel said:

At the time you were assessed for ESA your condition probably was not as bad as when you had your PIP assessment, The judge can only consider how you were at the time of the report ie. 18 months ago which is now clearly out of date. ESA and PIP seem similar but they do have different criteria.
I doubt that the judge can stop your PIP although they may be able to ask that you be reassessed.
When did you receive your PIP award and for how long ?
My opinion would be to carry on with your ESA appeal as you have nothing to lose and potentially a lot to gain
Thanks a lot for your reply really appreciate it I started receiving pip in July this year and it has been awarded for 3 years. Xx

jammy0121

Thanks for the comments guys but I have decided to withdraw my appeal as I just can’t afford to lose my pip XX