Disabled people
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Tribunal cases

jojo1jojo1 Member Posts: 8 Listener
edited March 2019 in Disabled people
Hi...i am looking for any help please.
I have had my mandatory decision turned down even though i am due in hospital next week..i have been in touch with welfare rights and my mp over the decision and they have wrote to tribunal as well as a letter sent by me to explain why i am not able to work..
I posted it and got a signed on delivery so i know they have got it but they are now telling me to wait 10 days 
They also told me that they are starting to look at cases that if the assessor stated you were fit ...even though i wasnt...that the tribunal will go on her evidence rather than my doctor and consultants so i may not get paid any back dated esa
This is ridiculous im already in loads of debt because of this and now have at least another two weeks to see if they will even consider backdating....
Am i better just to mske a new claim or wait...its really stressing me out on top of my illness i already have
Im at my wits end....
Does anyone know what else i can do as i cant claim anything else other than enhanced pip which i slready get...its a nightmare....

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    If you were claiming Income related ESA then unfortunately it's no longer possible to make a new claim unless you were claiming severe disability premium in with your ESA.  All areas are a full Universal credit area since middle of December 2018 so any new claim would have to be UC.

    If you were claiming severe disability premium then you can only start a new claim for ESA for a new condition or a significantly worsening condition and even then it's not guaranteed. It would need to go to a decision maker to decide if you're claim is accepted. Also it's never a good idea to start a new claim when waiting for a Tribunal, for ESA and PIP.

    It's not unusual for MR decisions to remain the same because only 18% of them change.

    The Tribunal are totally independent to DWP and will look at all the evidence you sent, which will be sent to the Tribunal by the DWP. You will then receive your "bundle" which will contain everything you sent, including the ESA50 form, assessment report and evidence. Once the Tribunal accept your appeal it should take a few weeks for your ESA assessment rate to start back up again and you'll be backdated the money from the date you were found fit for work but you'll need sick notes backdated too.

    Hopefully it won't won't be much longer.
    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.
  • jojo1jojo1 Member Posts: 8 Listener

    @poppy123456 thankyou so much for your help.. its much appreciated.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome.
    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.
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