Employment and Support Allowance (ESA)
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Esa appeal

Hi.I've been claiming esa and pip for 3 years and passed all assessments until I went for a esa assessment in January. The lady actually lied so I got no points.I have copd
Osterarthitus in my spine also a bulging disc.osterpernia. raynards. Ibs and gallstones and fibromilyga and this lady said I wasn't in pain and could raise my hands above my head which I couldn't.in fact she lied on a lot of things.I am currently waiting for the court date but just wondered is it better to go so I can speak for myself.

Replies

  • pigeon55pigeon55 Member Posts: 116 Courageous
    In my experience it is important to attend the hearing I have never not attended. Good luck.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The succes rate is much higher, around 71% if you attend in person
    Be all you can be, make  every day count. Namaste
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    If your illness is not visible, ie if someone could not tell you were ill if they met you on the street, then it is best not to attend IMO. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If your illness is not visible, ie if someone could not tell you were ill if they met you on the street, then it is best not to attend IMO. 
    I disagree with this, sorry. There's only an 8% chance of being successful with paper based hearings. Always much better to attend in person.
    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.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    In my opinion, with an invisible condition, it is even more important to attend so that you can expain to the panel how your condition affects you
    Be all you can be, make  every day count. Namaste
  • AlibellmaxAlibellmax Member Posts: 3 Listener
    Thankyou .my disabilities are visible 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    In my opinion, with an invisible condition, it is even more important to attend so that you can expain to the panel how your condition affects you

    And would you recommend that someone who looks perfectly fit and healthy but has a fear of going out, should they attend as well?

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes absolutely! This is because the Tribunal will want to see and hear for their self exactly how the claimants conditions affect them. They will always prefer you to attend in person.
    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
    edited March 2019
    Well I knew an elderly lady who had arthritis which made it difficult for her to get around, she also suffered from depression and anxiety. 

    The judge ruled, no problem getting about as she managed to get to the tribunal by herself. And for mental health, the judge said she was well able to argue her case and could see nothing wrong with her mental faculties. 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    With some claimants, especially the elderly, it becomes a matter of pride. They can be so used to not showing the difficulties they have that even the most deserving person is their own worst enemy
    Be all you can be, make  every day count. Namaste
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If she stated that she couldn't go anywhere alone and she attended the Tribunal alone then yes that could have gone against her. However, the figures prove that it's far better to appear in person.
    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
    A clear case of catch 22 if ever there was one. :smiley:
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    To be honest you really can't argue with statistics.
    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
    Who was it that said "There are three kinds of lies. Lies, damned lies, and statistics" :wink:
  • AlibellmaxAlibellmax Member Posts: 3 Listener
    Thankyou everyone really helped me make my mind up. 
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