ESA Tribunal - anyone successful?
Hello , has anyone been given zero points after ESA assessment and been awarded at Tribunal? after almost a year of fit notes and bad health finally had the phone assessment to be awarded nothing, I’ve sent relevant information and doctors letter but I imagine this is going to be a long drawn out wait . Anyone successful? thanks .
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Hi @Gigi64 I'm so sorry to read this. I've seen quite a few people have been, but like you said, it can be a long process. I'd definitely recommend persevering though if you want to. Hopefully some of our members will provide some feedback from their experience soon.
In the interim, this link to our website might be a helpful read - Appealing a benefits decision | Disability charity Scope UK
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Thank you , yes I’d really like to hear if anyone else has experienced this .
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Hi @Gigi64. I haven't had this experience with ESA but I have with PIP. I was awarded 0 points when I first applied but was then awarded at the tribunal. It's a long process but it's worth appealing. How are you feeling about it?
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Hi,
This is common for PIP but very unusual for ESA.
Most people are awarded ESA Support Group for just one single descriptor on the WCA. It is not usually a points based system unless you don't fit any single descriptor completely.
Do you mind saying which points you believe you should be awarded so we can see where the assessment might have gone wrong?
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Well I’ve been unwell since last year and been claiming basic rate , sending in fit notes , scan results etc , then had fone assessment to be awarded zero points , you need 15 to be in the support group. On the assessment I felt pressured and really stressed and unwell , my answers were exaggerated and some were actually untrue on the return forms but my work coach helped me go straight to tribunal along with my doctors support. I honestly don’t know how long this will all take but it’s very stressful, apparently this is becoming more common, I don’t think I’m alone . The report said I can do things I absolutely can’t it’s so distressing, I’m made to feel undeserving and pathetic, it’s very difficult.
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Sorry but that isn't really how the WCA works. If you fit just one descriptor fully then you get put straight into the Support Group and don't need to score any points. Most of us get Support Group that way.
If you don't meet any single descriptor fully then you need to score 15 points across different descriptors. However that doesn't give you Support Group, that puts you into the WRAG group instead. WRAG only lasts for 12 months and you will be required to carry out work related activities during that time as well.
If you have one single task that you can't manage, it is far better to focus on that to be placed into the Support Group.
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Ok thank you for that , it’s difficult as I have a lot going on but obviously as you say probably better to focus on one task . My doctor is doing another report for me along with more in depth details of scans etc . Not much more I can do is there , I’ve told the truth and if the tribunal goes against me I really don’t have the energy any longer to keep going with this. It’s worrying me so much it’s so stressful.
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Sorry it's making you feel so stressed @Gigi64. It's an awful process and many of us here can relate to that. It's good that your doctor is writing another report and hopefully that will be enough. Do you have a good support network to help you through this?
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Thank you yes really stressful, well I have my doctor and work coach which is good . Thing is that gets to me the most is that I’m an older person , worked for almost 50 years never being sick , and now I need help I would never have thought for one moment it would be such a horrible fight . I really understand now how upsetting this whole process is for so many people and until now I had no idea . It’s horrid for people.
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I can see how this would be difficult for you if you've been so healthy for so long. It really is a horrible process and it's so unfair to people who need it. If you find yourself in need of talking to someone, here are some places you can contact for some support:
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Thank you .
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Are you still waiting?
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I just wrote loads and it disappeared... So if you want some tribunal advice let me know x
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@Gigi64 I went through a UC based tribunal because on my WCA they did a similar thing to me as you experienced. It was 2021 so mid COVID and I had zero knowledge of how benefits work. So I tried to make it all sound good to the woman on the phone. When I received my letter confirming LCW, I didn't know what that even meant!
I think it is disgusting that they are just basically trying to trick you and twisting your words.
Over the following 50 months I repeatedly advised that my WCA was not a factual representation and actually contradicted my UC50. I had more than 20 work coaches and not eff ING one of them helped me. Eventually the disability rep (whatever they are called) got me a MR ..TWO YEARS LATER. That was a joke, they wanted to know what changed.. nothing... The original WCA was wrong…. Guess what they totally ignored me. By this point I had also officially complained 4 times with no response. ...so I went to tribunal..... (This is a bit of an indulgent post, I promise to be more helpful in the next one)
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@Gigi64 for the tribunal I had copied my entire journal, also had requested every bit of data they had on me (it was A LOT but showed all the failures) the most important thing for you to have is a copy of your esa50 (or whatever it's called) and the report as a result of your WCA. It seems like a lot of hassle but I highly recommend asking for copies of everything. And putting it into your evidence. You know that you DO NOT have to attend the appeal? I didn't (I can't even answer a phone call)… you say the 165 pages were hard to read … well prove them wrong. If you have ALL the info, you will know if they have been unreasonably selective in providing their evidence.if you applied to the tribunal online you can upload as much evidence as you want, the DWP have limited manpower to put to this. If time is of the essence, call the court ask them for some more time(if that's acceptable to you) as you have important evidence for your case.
I know it sounds a lot but it really isn't when you take it step by step. Our lives are worth it especially when they treat us like another number and just try to get away with box ticking. I am happy to help you with whatever I can (whenever I can) I detest the way these systems work and how so many vulnerable and deserving people are just overlooked or overwhelmed by a load of red tape and bloody box tickers. Xx
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I just re read my posts... If you need any clarification(I'm sure you might) just ask. Anything I can do to help x
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@abyg76 thanks so much for all your informative info , I’m sorry you’ve had such a hard time if it all , it really is so difficult and stressful. Yes I’ve gone over everything again and again til I’m exhausted, for so many of us just reading reports about us which are often not the truth and really eye opening of how our truth has been ripped to pieces. I’ve done all I can and have sent as much as I possibly can . My work coach who to be fair has been really supportive, I’m sorry yours wernt helping you , has advised me to put it all away now and wait , she’s right , it’s making me ill . To be honest I’ve had enough and that’s what they want but I really have , I’m too tired and exhausted to do any more . What will be will be . I’ll let you know the outcome whenever that might be , take care .
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I'm sorry, I really meant to be helpful and not a trauma dump. Thank you for your care. Good luck and fingers x'd for the right result xxx
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@abyg76 honestly you’ve been so helpful to me and I appreciate all your efforts to advise me , I’m grateful. It’s all so much stress isn’t it and I don’t think they realise how they can really beat people down especially when we’re all so vulnerable , we don’t ask to be unwell it’s not our fault so why do they make us feel so low when we do already! It’s all so cruel .
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