Employment and Support Allowance (ESA)
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ESA Tribunal 27th June 2018

Just an update on my tribunal in which I attended today 27th. June 2018. First thing the judge asked was how I got there and I said my Daughter had brought me and dropped me off around the side of the courts, so he asked if I had to stop or anything and I said I had to stop a few times. He asked me what the main things that I wanted them to look at. I said my left hand, back and arthritis in my feet. Question 1 The judge asked how far I could walk without stopping and I said about 20 mitres which I have to stop in between that and then he if I could climb 2 steps without help from another person and I said yes as long as I could hold on something. Question 2 He asked how long I could sit for and I said about 10 mins and he said you have sat here for 15 minutes now so I said well a bit longer then but I could not sit down all day. Question 3 can I reach my arm above my head I said yes. Question 4 can you pick a jug up with water in like the one in front of you so I picked it up but my hand was shaking and nearly dropped it. Question 5 can you pick a pound coin up with either hand and I said no well can you use a pen and I said yes. Question 6 do you have loss of control over your bowels and if so how many times, I said once a week but it depends because when I am stressed I have more mishaps because I can’t get the toilet in time and when I can’t go I have got Laxido. He asked if I have a change of clothes when I go anywhere and I said yes I have got a change with me here. And he also asked me if I could work in a call centre and I said no because I could not sit there very long and in case I wanted go the toilet and I would need some help. Then he asked if I signed on jsa and I said yes because that is what I was told to do but I only went twice because they said there wasn’t a job suitable for me and she phoned me up and told me not to go and she would sign me in. and he also asked me if I got PIP and I said yes but I didn’t have enough points for the mobility but got the higher rate care component. Then he said he hadn’t got any more questions and put it over to the Doctor. The only thing he asked me was why I hadn’t been referred back to hospital after 17 years and I said because when I was under Mr McBride at the hospital I had bone scans in both feet, then I had injections in my feet twice and then I saw Mr McBride and Mr Brown from the Rheumatology department and they decided to operate and take the sesamoids out and it didn’t work so I wouldn’t have my other one done. Then the judge asked if there was anything else I wanted to ask and I said no because my head went blank. So he said they would let me know in the post and thank you for coming and luck. I was only in 20 minutes.

Replies

  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    Fingers crossed you get the decision you want 
  • PeachyPeachy Member Posts: 9 Listener
    Received my letter this morning and won my case. I got 27 points and put in the support group and also they said that they would recommend that I she am not re assessed. the only thing is you cannot get the money backdated because I have already had the 365 days of ESA while awaiting for the appeal and also you have got to get 15 points in 1 activity and descriptors. Where mine was in different activity groups of 9 points, 6 points, 6 points and a 6 points.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited June 2018
    Peachy said:
    Received my letter this morning and won my case. I got 27 points and put in the support group and also they said that they would recommend that I she am not re assessed. the only thing is you cannot get the money backdated because I have already had the 365 days of ESA while awaiting for the appeal and also you have got to get 15 points in 1 activity and descriptors. Where mine was in different activity groups of 9 points, 6 points, 6 points and a 6 points.
    Are you 100%  sure it says Support Group and not WRAG? Support Group isn't about points, it's about  satisfying at least one of the descriptors or reg 35. If you're claiming Contribution based ESA and you're definitely been placed into the Support Group then you'll be back dated all your money. Please re-read the letter, what does it say exactly?

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • PeachyPeachy Member Posts: 9 Listener

    it says No descriptor Schedule  3 of the ESA Regulations 2008 was satisfied but Regulations 35 of the ESA Regulations 2008 applied.

    By reason of multiple health problems Mrs ……… is significantly limited. As a result, the above Schedule 2 descriptors 2 are satisfied. Nevertheless she does not satisfy any Schedule 3 descriptors. However, if she were found capable of work related activities, this would result in substantial risk in deterioration in her physical health. In reaching its decision the Tribunal placed particular reliance upon evidence of the Appellant and the observations of the Tribunal.

    Any recommendation given below does not form part of the Tribunal's decision and is not binding on the Secretary of State.

    In view of the degree of disability found by the Tribunal, and unless the regulations change, the Tribunal would recommend that the appellant is not re assessed.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This means that you didn't satisfy any of the Support Group descriptors, but scored enough points for WRAG. However, in your case regulation 35 appealed to you and this means you've been placed into the Support Group through this, it means that there would be a substantial risk to your health if you weren't placed in the Support Group.

    All money owed to you will be back dated and your money will continue for as long as you remain in the Support Group.

    Back dated money can take approximately 6 weeks, if they don't decide to appeal the decision but it's very rare that they do this. Well done.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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