Employment and Support Allowance (ESA)
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Esa appeal

Hi guys I have been fighting for a esa award and now after nearly 2 years I have been given a date for this Tuesday,but at the moment I’m having a very bad sciatica flare up I’m drugged up on morphine and bed bound there is no way I can attend what’s the best course of action?any replies much appreciated x

Replies

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

    Have you contacted HMCTS and told them? It maybe too late for anything to be done now but you could have requested your hearing to be adjourned, even though they may have refused.

    As your hearing date it Tuesday they it's quite possible it will go ahead without you. If there's anyway at all you can attend then it will be in your best interests because appearing in person gives you a 74% chance of success. Without you being there it's 5-8% chance.

    Do bare in mind that they won't take into consideration any worsening of condition.
    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Good morning @jammy0121. I hope you manage to get in touch with HMCTS today and that they're able to help you find the best course for your tribunal. As Poppy mentioned, statistically, you're more likely to be awarded if you can manage to find a way to attend. 
    Senior Community Partner
    Scope

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  • Exhausted53Exhausted53 Member Posts: 2 Listener
    The only advice is go there even if you have to crawl I am still waiting and no news yet. If you really need this then go,the worse you look the better. Explain yourself when you get there and they will understand,if you need a break then ask to stop they will stop. Just be honest and upfront and don’t embellish to much just give clear and sensible answers. Good luck I hope it all works for you. Stay positive and keep calm 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Welcome to the community @Exhausted53 and thank you for your advice :)
    Community Partner
    Scope

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  • jammy0121jammy0121 Member Posts: 7 Listener
    Thanks for the advice guys I never attended and they adjourned it stating according to the law I should be able to have a chance to attend and they are requesting a telephone hearing I don’t really under all of it though to be honest I don’t know if it’s a good thing or bad?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A telephone hearing is definitely better than a paper based hearing but the delay maybe longer. I'd definitely take that over the other option. Good luck and hopefully you're not waiting too 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.
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