Employment and Support Allowance (ESA)
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the dreaded tribunal

morning folks im in need of some advice please , i have an appeal tribunal in 2 weeks (ESA) having passed 2 previously and PIP assesment no problem  the latest medical exam  gave me no points at all, my benefit was suspended an i was told appeal, doctor who carried out assessment got so many things wrong about me i thought it was a description of another person, facing eviction due to benefit stoppages and dont know who to ask to help during tribunal ? my health has already gotten worse and im unsure if i should inform DWP ? any advice greatfully received guys .

Replies

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

    I'm sorry your condition has got worse. Unfortunately the Tribunal will only be able to take into consideration what your condition was like at the time the decision was made. Any worsening of condition since that date will not be considered.

    Have you sent evidence to support your claim? All evidence should arrive with the Tribunal no later than 10 days before the hearing date.

    Do you have someone to go with you? maybe a family member or friend? This can often help with anxiety on the day. Other than that take a look at this link it will tell you what's available for advice in your local area. https://advicelocal.uk/

    You also mention you're facing eviction? Are you claiming housing benefit for help with your rent? Are you back on assessment rate for ESA while you've been waiting for the Tribunal hearing or did you claim universal credit when you were found fit for work?

    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.
  • Andyb67Andyb67 Member Posts: 9 Listener
    hi poppy thanks for the reply , yes im on basic esa until tribunal, rent is currently being paid , i understand about the evidence after the assessment now thanks for that , the so called med professional actually states that in her opinion my condition wouldnt get worse inside of 6 months after examination, and they are using that but i cant use proof i have that it did get much worse. i dont have anyone to go with me and the free law centres in my area are closed due to funding cuts , its a nightmare for me at present because the doctor blatantly put wrong information in the assessment but DWP have accepted it without question , i am worried now because of health issues have gotten worse and im not sure of procedure regarding telling DWP, will my benefits be affected again ???
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Welcome to the community @Andyb67, I hope the tribunal goes okay! 
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  • Andyb67Andyb67 Member Posts: 9 Listener
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I would advise you to wait until the Tribunal decision before reporting any worsening of condition.
    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.
  • Andyb67Andyb67 Member Posts: 9 Listener
    hi again , thank you for that advice , i will wait and then see how it goes from there . it will take few weeks for full written diagnosis to give to DWP .
  • Andyb67Andyb67 Member Posts: 9 Listener
    afternoon folks , just a short post , when i joined a couple weeks ago i was facing my tribunal on my own an its bloody horrible . i went this morning with no hope to be honest , how wrong was i ? the judge and medical proffessional were brilliant !!! in a matter of minutes i won my appeal !!!! last 10 months have been a nightmare to say the least . i gave up which was stupid but after seeing the words appeal allowed on a letter in front of me i realised you gotta keep going , an thats what i will say to anyone in our position ,KEEP GOING !!! good luck to you all . 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Great news, which group were you placed into? WRAG or Support Group?
    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.
  • CressidaCressida Member Posts: 785 Pioneering
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Congratulations @Andyb67, that's great news and thank you for letting us know!
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  • Andyb67Andyb67 Member Posts: 9 Listener
    hi folks thanks for the kind words , i got placed in wrag for now which is lot better than no group> no help. no benefits situation . to poppy chloe an cressida cheers for taking the time to reply its appreciated . keep going . xx
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    That's brilliant news @Andyb67
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  • Andyb67Andyb67 Member Posts: 9 Listener
    cheers , the guys at the tribunal were brilliant folks, dont be scared of them coz the way they treated me was as i said brilliant . 
  • April2018momApril2018mom Posts: 2,869 Member
    Andyb67 said:
    cheers , the guys at the tribunal were brilliant folks, dont be scared of them coz the way they treated me was as i said brilliant . 
    Congratulations! I love hearing positive stories! 
  • Andyb67Andyb67 Member Posts: 9 Listener
    cheers . my bones went bad an i got binned by dwp , expected no more yesterday but , got treated with utmost courtesy , politeness an just general respect . smile aint left my face since . .dont be scared just be yaself , 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Great advice @Andyb67, I'm glad they treated you so well and that the outcome was positive too. :)
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  • Andyb67Andyb67 Member Posts: 9 Listener
    cheers . we all know the med exams are scary but hey the folks i met in court looked at me as the big lump with the bad legs who needs help on his way . an fair play they helped . keep going . 
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