ESA Tribunal help
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DK1771
Community member Posts: 1 Listener
Hello , I am new . Sorry, I hope this is in the right place I am desperate for help and I have no one to ask.
I went for a Tribunal hearing for ESA yesterday I expected I would be given a decision on the same day because of what I have read. I was told I will hear by post, so I presume the answer will not be in my favour. I was told also that a representative of the DWP would most likely not be there but there was someone there. I have depression and anxiety which is severe and affects my whole life, I can barely function. My G.P is supportive and sent a letter saying that I am not capable of work. I can't go out alone but the DWP rep said because I can cook a meal ( I usually cook once or twice a week) and help to care for a child that I can work. The judge did argue that my G.P would know me better than a HCA who has met me once and on a couple of other points but this guy was adamant that I can get a part time job or do training when most days I can barely get out of bed! ( I did ask him how I could work or train when I can't travel unless accompanied) He also said I could re apply for ESA if my appeal failed ! ( Which sounds strange to me)
Sorry to go on, I am really worried now , is it more likely that my appeal will be a no because I didn't get a decision on the day ? Surely, if I do 'win' the DWP will appeal and then I am also presuming I will have no ESA or money coming in which is my only source of income. I think I may end up homeless I don't know what to do, Im in a state and feeling suicidal, which isn't unusual, I don't know what to do.
Can anyone help me please ?
Dx
I went for a Tribunal hearing for ESA yesterday I expected I would be given a decision on the same day because of what I have read. I was told I will hear by post, so I presume the answer will not be in my favour. I was told also that a representative of the DWP would most likely not be there but there was someone there. I have depression and anxiety which is severe and affects my whole life, I can barely function. My G.P is supportive and sent a letter saying that I am not capable of work. I can't go out alone but the DWP rep said because I can cook a meal ( I usually cook once or twice a week) and help to care for a child that I can work. The judge did argue that my G.P would know me better than a HCA who has met me once and on a couple of other points but this guy was adamant that I can get a part time job or do training when most days I can barely get out of bed! ( I did ask him how I could work or train when I can't travel unless accompanied) He also said I could re apply for ESA if my appeal failed ! ( Which sounds strange to me)
Sorry to go on, I am really worried now , is it more likely that my appeal will be a no because I didn't get a decision on the day ? Surely, if I do 'win' the DWP will appeal and then I am also presuming I will have no ESA or money coming in which is my only source of income. I think I may end up homeless I don't know what to do, Im in a state and feeling suicidal, which isn't unusual, I don't know what to do.
Can anyone help me please ?
Dx
Comments
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There is no telling at this time what the outcome will be, The judge appears to be fair and inclined to your GP's opinion. Not all decisions are made on the day sometimes the panel will need to consider a little longer, so it is not necessarily a bad thing.
If you do win, the DWP can only appeal on an error of law and not because they disagree with the panel.
There is nothing more you can do for now so try not to worry. Please come back as soon as you have the decision and let us know
CR
Be all you can be, make every day count. Namaste -
Hi @DK1771
As @CockneyRebel says, there is nothing you can do at this point but to wait and see. I know its very frustrating but there is no point in second guessing, you just need to wait and see.
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