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TRIBUNAL

cat6873cat6873 Member Posts: 36 Courageous
Hi all, I have my tribunal appeal tomorrow morning regarding UC. They (Council and DWP) messed me up from the start. When I moved, back in November 2016, the Council sent me to the job centre and when I told them that I was moving within the same authority they told me to leave so I went to the job centre and was told to apply for UC and I would get the housing element. In the first interview I presented them with a fit note and told them I was on ESA support group and they replied forget ESA. I failed the Habitual Residence Test because they didn't ask for my work history and therefore closed my claim. I did MR and sent all information to them - work history - and my claim was reinstated. I was sent to WCA  and failed so from 15 points I went to 0 points in a matter of months which seemed very strange. The health professional lied throughout the report and even slapped my leg when I couldn't bend it. In the meantime I contacted my MP because I was worried that I would lose my ESA because of the failed assessment. He wrote to them and they replied that as long as my circumstances didn't change I could keep my ESA. So I did. They found out one year later that I was still on ESA and told me to cancel my claim, which I did, and told me not to worry because it wasn't my fault and an advisor should have checked. I sent the tribunal all the information I had and more but I'm still a bit worried for the outcome. The Council gave me the wrong advice and the DWP didn't honour my ESA but made me cancel it altogether. If only I knew then what I know now...I just hope the panel will apply the right law. Would the letter from DWP saying I won't lose my ESA help my case? Sorry for the long post but I am very confused at this stage :blush:  

Replies

  • mikehughescqmikehughescq Member Posts: 5,327 Disability Gamechanger
    Have you not got a representative to help you through this? 

    Starting point would be that they were wrong to push you into UC when moving within an area.

    You may wish to ask for an adjournment to secure representation.
  • cat6873cat6873 Member Posts: 36 Courageous
    @mikehughescq thanks for your reply. I won my PIP appeal on my own, had no help whatsoever even though I went to my local CAB but was told to go back many times i.e. help with filling forms and when the time came nobody was available so I ended up doing it all by myself. PIP gave me 11 points for DL and 4 points for mobility and the judge awarded me 19 points for DL and standard mobility so I didn't do too bad on my own :)  Now I have prepared everything and they - the panel and Judge - should apply the law to my case. I shouldn't have been pushed to UC and also they shouldn't have made me cancel my ESA. I only hope the letters I have to prove what the DWP wrote to my MP will be enough! 
  • cat6873cat6873 Member Posts: 36 Courageous
    UPDATE: my hearing was scheduled at 12 noon but, because I was early, they saw me at 11 and I was in and out. It took 5 minutes for the judge to decide to give me LCWRA after looking at my PIP award. I'm over the moon. Stressed but it was all worth it :) 
  • mikehughescqmikehughescq Member Posts: 5,327 Disability Gamechanger
    Excellent. Given the duff info you’ve received in the past the moral of the take would appear to be to not take advice from DWP or LAs.
  • cat6873cat6873 Member Posts: 36 Courageous
    Yep you're absolutely right! And from 0 points I've been awarded 18 points not to be reassessed within the next 18 months. Results! I so would like to rub their faces in it lol!
  • justg72justg72 Member Posts: 173 Pioneering
    Hi cat6873
    Congratulations I am really pleased it went well for you. At least you can breathe a sigh of relief for 18 months!
    Are you putting a complaint in on the incorrect advice you received? its really unfair how you have been treated.
    All the best at least 2019 has started really positive for you.

  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Well done you rock!
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • cat6873cat6873 Member Posts: 36 Courageous
    Thank you @justg72 and @debbiedo49! I am thinking about it. For now I need a bit of stress free rest.and concentrate on me lol! This goes to show that we can win an appeal on our own, I know many many people are more disabled that I am and might need the support but what I'm saying is if you know you're right don't give up!
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