PIP Tribunal and ESA

bagman_58

Hello
I'm in the middle of a PIP appeal, the Tribunal hearing was adjourned so I could obtain and send the  Tribunal a copy of my medical records under GDPR, I'm currently waiting for a Tribunal hearing date, i had been on the entry level of ESA for several months, just one week before my first hearing with the Tribunal in February i was awarded ESA at the support level...at that time I felt that my ESA telephone assessment and subsequent award was rushed through at breakneck speed to complete it before the PIP Tribunal date...
Just a couple of days ago I received a letter from the Tribunal which stated that they have written to the DWP to ask them why they have awarded me ESA...the letter goes on to say that the Tribunal hasn't had a response from the DWP and that they have given the DWP a further 7 days to respond after which time they would continue with the hearing with or without a response from the DWP.
I'm obviously worried as I don't want to lose the ESA as well as losing the Tribunal appeal, I'm still waiting at the moment for a date for the resumption of the Tribunal hearing, could i contact the tribunal and ask to withdraw my appeal? 
I'm finding the whole process really stressful, trying to claim PIP for my physical and mental health conditions is one of the most complicated and convoluted experiences I've ever put myself through, apologies for the long winded post.

Alex_Alumni

Hello and welcome @bagman_58 thanks for reaching out this evening, and there's no need to apologise for the long post, it's helpful to know what's been happening. 

I don't think there's a risk of you losing your entitlement to ESA because of the Tribunal's enquires with the DWP. I can appreciate that the process is having a really big impact on your mental health, and I'm sorry to hear that you're feeling so stressed and unwell. 

As far as I know you can contact the Tribunal Service to withdraw if that's what you definitely want to do. It's not my area of expertise, so I'm not sure about how this impacts any future appeals you might want to undertake.

Can I ask what support you are receiving for your mental health at the moment? Is it something you've talked to your GP about? 

I know that you can self-refer for talking therapies from the NHS but I'm afraid it may be a long wait to access services, but do take a look if you feel it would be helpful. 

If you ever need to talk things through, I can also recommend Samaritans, you can call them on 116 123 anytime, and they'll be there to listen and not judge you. You need to be in crisis to reach out and chat. 

If there's anything I've missed please let me know, and keep us updated with how you get on

Alex

calcotti

If the tribunal is about your PIP, your ESA is not at risk.

The tribunal have simply asked about the ESA decision to see if it provides additional information to help them determine the PIP appeal.

bagman_58

Hello,
Many thanks for your replies.

L_Volunteer

Hello @bagman_58. You are welcome, it is the very least you deserve. Do you feel your question has been answered now? If you need any further clarification or have any other questions, please don't hesitate to let us know