Employment and Support Allowance (ESA)
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ESA tribunal

LostInLimboLostInLimbo Member Posts: 3 Listener
I asked for a paper hearing and all evidence has now been submittted to the courts from the DWP a nice 169 page bulkness. I don’t like my chances of winning. Included in the 169 pages is some of my evidence but other than a doctors letter saying how long I had depression and anxiety for and test scores to show how high they were it doesn’t really help much. I have no other medical evidence, and any other evidence i have submitted is just my words trying my best to question and argue what was wrote at the assessment. I wanted to know if the worst does happen and i lose the tribunal what can i do next would I be forced onto jobseekers or could i reapply for employment and support allowance or wouldn’t that be allowed. 

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    If you are unsuccessful

    You should ask for an SoR and record of proceedings, then get trained advice to see if an error in law is present. If there is you can then apply to the UTT

    You can only re apply for ESA if you have a new or significantly worstened condition

    You should check to see the status of UC in your area

    Subject to this you may have to apply for JSA or UC

    CR
    Be all you can be, make  every day count. Namaste
  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    Please can someone explain what all of the abbreviations are tia
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Sorry

    SoR  - Statement of Reason
    UTT   - Upper Tier Tribunal
    ESA  - Employment and Support Allowance
    UC  - Universal Credit
    JSA  - Job Seekers Allowance

    CR  - CockneyRebel :)
    Be all you can be, make  every day count. Namaste
  • LostInLimboLostInLimbo Member Posts: 3 Listener
    I can’t see me trying to go against the courts if it comes to that, and ideally i would like to reapply for ESA but guess that won’t be possible even though have had these mental health conditions 17 plus years. I guess i will have to wait and see what the outcome is first. 
  • mikehughescqmikehughescq Member Posts: 6,259 Disability Gamechanger
    Start by focusing your words far less on the HCP report and far more on how your conditions explicitly prevent you from performing each point scoring activity and giving examples of what happened the last tried you tried each one. 

    You should be aware that your chances of success are a single figure percentage for a paper hearing. You’d be far better opting for an oral hearing and getting yourself a representative albeit that you’d now have to move quickly to do that.
  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    Ty @CockneyRebel
    for abbreviations you're always v helpful :-D
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