Employment and Support Allowance (ESA)
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Waiting a decision from a MR

audigirlaudigirl Member Posts: 46 Connected
hi everyone
well here i am waiting a decision on my MR for esa 
never felt so low and useless currently no interest 
is there anywere i could contact to loan some money i dont want credit cards i have no bread or little milk toiletries or getting low there must be something i can do im on my 3rd week without money
how is everyone else manageing ?
anyone with help/advice please

Replies

  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Council welfare 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I don't know about a loan because this would be based on your circumstances. To claim a budgeting loan from DWP you must be claiming a means tested benefit and because your ESA has stopped then you won't qualify.

    The only thing i can advise is a food bank. https://www.trusselltrust.org/get-help/find-a-foodbank/

    Maybe family can help you out while you wait for the MR decision. There's no timescales for MR decisions and you could be waiting longer and if the decision stays the same then you'll have extra wait for the Tribunal to accept your appeal. If you apply for UC then there's a 5 week wait for your first payment but then you could apply for an advance payment.
    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.
  • audigirlaudigirl Member Posts: 46 Connected
    Hi all hope everyone is as well as can be 
    well iv received my decision on my MR and there not changeing anything i went to a council welfare wednesday he as the sscs1 form i dont know if he is going to send it in for me 
    what else should i be doing to send it for appeal can someone explain please im really stressed i know shortly utility people etc will be demanding money shortly and i had no money since 8 febuary please help im in tears here were to go or what to do x
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger

    REPRESENTATION AND ROLES

    You can be 

    - a representative - you don’t talk for the appellant because they’re there but you do get to outline what award you’re looking for and what the legal case is as well as pick up on any issues the tribunal or appellant miss or misinterpret.

    - observer - sits away from the tribunal but you are watching only. You do not and cannot take part.

    - witness - you give your own evidence to support the appellants own case. You don’t get to comment on anything else. You watch silently, do your bit and you’re done.

    - appellant - the person making the claim being appealed. The only person allowed to present their evidence and answer questions on it unless they have an appointee. 

    Most family members struggle to be observers as it’s hard to be silent. They struggle to represent as they don’t know enough of the law, case law or guidance and confuse the role with speaking for the appellant and get shot down in flames to the detriment of the case. They often make poor witnesses as they haven’t been prepared by a rep and want to rehear the whole case instead of focusing on what they know. 

    The temptation to talk for any appellant needs to be resisted. You’ll always get people saying “but...

    - they’re not articulate.

    - they’re nervous.

    and many other arguments. Bottom line - nothing makes the case for the consequences of someone’s ill health better than a poorly appellant. 

    The other side of having representative is that, as you’ll read on here, people get incredibly stressed with the process; what comes when; what letters mean; what is good evidence; what will happen on the day. A good rep explains all and covers all the bases. It’s typical that people think representation is just about what happens on the day and the outcome. That’s about 10% of what gets done. A good rep should also keep you off web forums (seriously). All your questions should be answered by them. If people come on here because they need answers and they have a rep. that is concerning. 

    Now, having said that, tribunals are inquisitorial so it’s perfectly possible to win a case without a rep just as it’s equally possible to lose a case with a rep. However, a badly presented case can win with a decent tribunal but won’t with a poor one People who have won without representation tend to almost always ascribe this to something they did rather than the skill of the tribunal pulling out what was relevant. Having seen tribunals over three decades, including many times as an observer, it’s almost never the case. I’ve never yet heard of anyone unrepresented winning two tribunals for themselves. 

    Finally, don’t confuse an organisation with a good reputation as meaning all their reps will be good. Good organisations have bad reps. Reputationally poor organisation have good reps. How can you tell? Walk away from anyone who wants to tell you their success rate? It’s a fave tactic of organisations that charge but also of inexperienced or renegade/boastful reps. That tells you that they’re either lying or cherry picking only cases which are clear cut winners and probably would be anyway with a decent tribunal and without them. Good reps do not guarantee a win but they will take in winnable cases rather than likely winners and they’re the more likely to turn a marginal case into a winner. They’ll also know their law, case law and guidance and be able to cite it but in plain English. 

    TRIBUNAL

    1 - Concentrate wholly on what you were like on the date of claim.

    2 - There are no “trick” questions. Tribunals are usually listed 20 to 40 minutes apart so, apart from the appeal papers, they need questions which cut across lots of functions. So the car question is brilliant because it indicates grip; mobility; dexterity; the ability to do something repeatedly; concentration and stamina. Instead of thinking negatively about such stuff think about what they’re getting at and your answers will be much better and more detailed. Similar questions include whether you’ve been on holiday recently. It feeds into mobility (getting across an airport); stamina; the ability to cope alone; the need for aids and appliances.

    3 - There are no set rules or order for a hearing beyind the requirement that it must be seen to be fair. 

    4 - Watch the judge’s pen. All 3 members may take notes but only the judge writes a record of proceedings. If you don’t want them to miss anything then remember that they can’t write as fast as you can speak, so watch their pen and slow down. Don’t worry about going too slow. They will tell you if you do.

    5 - Never interrupt any tribunal member. It is perfectly okay to challenge them provided it’s not rude or aggressive. However, think about whether what you’re challenging them on is directly related to points. If it’s not then better to focus on points. This is especially important because loads of people second guess the demeanour of tribunal members as determining whether they are pro or against and it’s largely nonsense. An aggressive, challenging member may well just be a poor communicator and wholly on your side right up to the point you challenge them etc.

    6 - Get yourself a representative and travel to the venue by whatever means makes you feel comfortable. It’s only ever an issue if you don’t explain what you did in full and if doing so contradicts your other evidence in some way for daily living and /or mobility.

    7 - Same goes for clothes. You need to wear whatever makes you feel comfortable and relaxed. If you’re not relaxed then the likelihood of you presenting well are much reduced. Dressing down is not a good idea unless that all you can afford. A person who feels naked without make-up or a suit and tie will similarly be over stressed if they try to pretend they’re in their comfort zone dressing down. 

    8 - Other people’s tribunal experience can be valuable but it’s just that. Their experience. If they lost then it’s the tribunal to blame. If they win they everything they did is why they won and what you must do. The truth is usually very much in between.

    9 - Know your case. What points are you going for and why. What’s your evidence? “The HCP was a liar” is neither evidence nor a winning strategy. Also, know the appeal papers. What’s where. 

    10 - Do not be tempted to claim you’ve worsened since the date of claim. That’s a recipe for a failed appeal and an invitation to make another claim. Even if you have got worse always concentrate on your date of claim and what you were like then.



    Be all you can be, make  every day count. Namaste
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    With only 18% of MR decisions changing, i'm not surprised that the decision remained the same. Once the SSCS1 form has been sent and the Tribunal accept your appeal then you'll be able to go back onto assessment rate for ESA but you'll need sick/fit notes from your GP and they will need to be back dated to the date you were found fit for work. You should ring DWP as soon as you have a letter of confirmation from the Tribunal.  It could still be some weeks yet before you're able to go back onto assessment rate.

    Any extra evidence you have should be sent to the Tribunal to arrive no later than 10 days before the hearing date and appearing in person will give you the best chance of a decision in your favour. You'll have plenty of time to send the evidence because backlogs are huge across all of the country and some are waiting in excess of 1 year for a hearing date so it's not a quick process.

    In the meantime, while you wait for your ESA to start back up then you should ring your energy company to explain your situation. They are usually very understanding and i'm sure they will be able to help you.
    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.
  • audigirlaudigirl Member Posts: 46 Connected
    Thankyou cockneyrebel and poppy that is so helpful 
    so theres nothing i can do till i have sent the form sscs1 off but should i visit my gp now to get a sicknote and if so does it go to the main office in wolverhampton im in rotherham il be gathering more information too x
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Yes, get a sick note, it must be backdated to the date your ESA was stopped. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can't go back onto ESA until you've received confirmation that the Tribunal have accepted your appeal. When you send the SSCS1 form you need to make sure you send the MR decision letter with it otherwise they will refuse you appeal.

    When you say gathering more information, do you mean evidence? Sick/fit notes can now be sent online.

    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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Didn’t you say I need wait till get mr or tribunal letter before send sick/fit note in 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    @Dotty123 Once you have the MR letter and the decision is unchanged, you need to get a sick/fit note ASAP Dotty.

    Personally I would make an appointment to get a sick/fit note now rather than waiting for the MR letter.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    If I get sick note now do I wait for tribunal letter or just send it now thank you 
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Or my mr  your comment
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    If I get sick note now do I wait for tribunal letter or just send it now thank you 
    As previously advised. You can get the sick note now but wait for the MR decision before you send it. If the MR decision does stay the same and most do then you can't go back onto assessment rate until the Tribunal accept your appeal anyway and this could be a while yet.
    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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Got you thank you 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    @Dotty123 You don't need permission from the DWP to get a sick note. The longer you leave it, the longer you will be without money to live on when you have to appeal. 
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    So I wait for mr decision then send sick note sorry but thick haha
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    No, just make an appointment to get a sick note first. I am not sure how far they can be backdated, but I am sure there must be a limit, so it is up to you to see your doctor within a reasonable time.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I did give advice to get the sick note asap when you were found fit for work. I agree with Benistmonk, sometimes GP's can be awkward when asking to backdate a sick note.
    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.
  • audigirlaudigirl Member Posts: 46 Connected
    Poppy12345 when i get my sicknote should i send it with the sscs1 & mr 1st decision or 2nd that there not changing the decision 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    audigirl said:
    Poppy12345 when i get my sicknote should i send it with the sscs1 & mr 1st decision or 2nd that there not changing the decision 
    No, don't send it with the SSCS1 form because this needs to be sent to HMCTS and they won't need to sick note. When you send the SSCS1 you need to send your MR decision letter with it.

    The sick note needs to be sent to DWP once the Tribunal accept your appeal.
    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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I have to renew my current fit note which runs out on the 11th Mar, this Mon. I will be in the surgery before 2.00pm Mon to arrange a telephone appointment for this, then I will collect it next day and post it online here https://www.gov.uk/send-fit-note

     Job done yeehah!


  • audigirlaudigirl Member Posts: 46 Connected
    Hi benistmonk 
    does the link actually work 
    might try this when i get mine 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes it does, it's the easiest and most convenient way to send fit notes to DWP.
    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.
  • audigirlaudigirl Member Posts: 46 Connected
    Thankyou poppy123456
    cant thank you people enough for all the help in these difficult times x
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