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ESA appeal

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Benistmonk
Benistmonk Community member Posts: 343 Pioneering
Hi all,
 
Thanks to the gov taking away our legal aid and buying off the CAB, I had to submit my own appeal this time, Dec 2018 benefit stopped after sham medical assessment by an unqualified HCP. My case was heard at tribunal on 6th Feb 2020

Some people on here said I should not take issue with the HCP report, but I couldn't let it go, I had to point out the lies in the report, the physical tests she said I had done which didn't happen, the total BS written about me in general. I had to say something about it. Whether it helped my case or not, I don't know. Put it this way, I won my case and not only that, I was put in the SG for the first time and now get more money than I was getting in WRAG. 

The other thing I didn't do, even though I was advised to do this, was I didn't claim UC pending ESA appeal, that would have ended my ESA claim on the spot, I stuck with my original ESA claim to the bitter end. The end result was, all the arrears were paid the following week into my bank ac. And as my ESA claim was before 2017 I still get the higher rate of ESA. 

The funny thing is, I don't feel anything, I should be happy that I won, again, yes I have been through the appeals process 5 or 6 times now, but I am not happy. I guess it is due to how depressed we all get when faced with a regime that never lets up, keeps raising the bar, making it impossible to score any points. An unlawful regime that punishes people for being ill and leaves them without benefit that they are entitled to by law to live on. 

Try not to get too morbid about it, chin up and all that and pity the people who can't fight for themselves, they are the ones who really suffer under this regime. 

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    Hi,

    Great news on the Tribunal. Just so that you know because you were placed into the Support Group, you would have received the extra money even if your claim started after April 2017 because Support Group extra was never removed.

    Try to put it all behind you and relax, for now at least.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi that's great news and thanks for sharing with us as it encourages other members to keep up the fight and remain positive. I understand how you feel after you have gone through this so many times however this is a better result for you. Spend the time thinking about how you are going to make the most of the successful outcome 
  • Chloe_Scope
    Chloe_Scope Posts: 10,581 Disability Gamechanger
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    Amazing news for the tribunal! 
    Scope

  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
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    janer1967 said:
    Hi that's great news and thanks for sharing with us as it encourages other members to keep up the fight and remain positive. I understand how you feel after you have gone through this so many times however this is a better result for you. Spend the time thinking about how you are going to make the most of the successful outcome 
    When faced with a draconian benefit system, you have no choice but to fight, then hope you live long enough to see the outcome. 
  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
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    I suppose I should try to claim pip now.
  • Chloe_Scope
    Chloe_Scope Posts: 10,581 Disability Gamechanger
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    Hi @Benistmonk, is there anything we can help with?

    Here is some information about the PIP process which you might find helpful.
    Scope

  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
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    Thanks Chloe, I’ll have a look at that, never claimed pip before so I have no idea what it is about.
  • Chloe_Scope
    Chloe_Scope Posts: 10,581 Disability Gamechanger
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    No problem at all @Benistmonk, if you have any further questions then please do not hesitate to ask. :)
    Scope

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