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TRIBUNAL

cat6873
cat6873 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:  

Comments

  • cat6873
    cat6873 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! 
  • cat6873
    cat6873 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 :) 
  • cat6873
    cat6873 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!
  • justg72
    justg72 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.

  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Well done you rock!
  • cat6873
    cat6873 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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