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ESA tribunal advice please!

susie123
susie123 Community member Posts: 17 Listener
I was wondering if someone could help me with a query? It's about employment support tribunral for my husband. He's due at court soon  after we appealed for esa to be reinstated. I don't hold much hope out for it. At the medical assessment  the woman barely looked at my husband and then a full report came back that he was for for work! He most certainly is not fit for work and  all of this has made him even more stressed.  Even the doctor aggrees. I'm starting  to wonder if it's worth putting him through all this. At the moment we are on income support this is because our youngest child has adhd and autism and I get carers for my son.  My husband also gets pip ( just got it through, standard care, enhanced mobility)  my query is what if he gets turned down for esa? Will we get to stay on income support? Money is tight enough as it is , it's a huge worry at the moment.  This was is a minefield. 
Any advice would be greatly appreciated, thank you. 

Comments

  • thespiceman
    thespiceman Community member Posts: 6,388 Disability Gamechanger
    Hello @susie123   Pleased to meet you welcome.

    Thank you for sharing. Sorry what has happened. I am sure a member of our community will advise or a member of our team.

    Have a look at our benefit advice . Could be an answer there.

    Understand the situation and problems.  Have you spoken to CAB about it. The benefit system is complex and confusing.  They have a wealth of information and knowledge on benefit queries. Might be worth contacting.

    We are a supportive, friendly community. Care and share.

    Lots of information, advice and plenty of new friends.

    Hope that helps.  Wish you the best for a successful outcome.

    Take care

    @thespiceman
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  • Ripples
    Ripples Community member Posts: 189 Pioneering
    Who is helping you with your husband's appeal  or representing you at the tribunal?
  • susie123
    susie123 Community member Posts: 17 Listener
     Thank you both for your replies its very kind of you. No we dont have representation. I'm not sure what we should be doing. I've collected loads of paperwork from doctors consultants but don't know who to contact for help. If it comes down to money  for help we don't have spare cash.  We have never been on benefits before this has been a huge shock to us. Esa is a minefield at best . It's scary stuff.
  • Ripples
    Ripples Community member Posts: 189 Pioneering
    @susie123 You could do with some outside help, I would advise you to contact Citizen's Advice or look for Welfare advice locally these are free services. It's good to have evidence of the disabilities but what any tribunal wants to know are the effects your husband has because of his disabilities on a daily basis. It's a good idea to attend the tribunal in person.
  • susie123
    susie123 Community member Posts: 17 Listener
    Thank you ripples for your reply. Yes I do need outside help. I feel like I am out of my depth.
    My husband has had and still having different tests to see what the cause of his pain is. He can't get around too good for the pain he is in. The doctor says he's not fit for work and she's been very supportive.  The pain is getting worse and affects him.on a daily basis. This has all happened in the past year after an operation. Now he is suffering from depression which is making the pain worse. He doesn't want to do anything or go anywhere. Most days I can't get him out of the house. He's on umpteen medications as he has diabetes, arthritis, bowel problems and I really don't see 58 as old. He used to be be so active, he had a demanding job as a health care assistant so he had to be physically fit for the job, now he's just a shadow of his old self.  The assessor that we saw for esa medical didn't write down anything what we told her, everything we said was twisted. Yet the assessor pip could see he had big problems in his mobility and his depressive state.  My big worry is that I don't think he can cope with been asked questions at the tribunral. Yes I agree he needs to be there in person bit on a website I looked at it said the questions would have to be answered by him.and I couldn't answer for him.
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Hi,

    Yes, it's true that he'll have to answer the questions at the Tribunal himself. The only time a person can answer questions for a claimant is if they're their appointee. You maybe asked if there's anything you want to add at the end but that's about all. The Tribunal will want to hear in his words exactly how he's affected by his condition. Those that appear in person have the best chance of a decision going in their favour.

    Have you have a look to see what the descriptors are for the Support Group? This is the best place to start so you at least know what to aim for. Being placed into the Support Group is about satisfying at least one of the support group descriptors, rather than scoring points. I agree about getting some help with all of this. Good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • susie123
    susie123 Community member Posts: 17 Listener
    Hi thank you both for your comments. So much to take in. He is so stressed at the moment, doesn't want to go out and the thought of another face to face, even meeting new people is a nightmare for him. He definitely needs to go I know that, getting him there is a problem. The tribunral will be held in our local court so no buses ( he hates public transport the assessment medical proved that.  The assessor said that he travelled by bus he was capable of anything. It was my suggestion to get the bus. As it stops outside our house. Of course i didn't really count on how far the walk was from the bus stop to assessment centre. It was good that we arrived at the centre early as it took nearly half an hour for him to.walk to the place. We explained this to her but she wrote  he walked fine.  He was in bed three days after that as he had walked to much and was in a great deal of pain.) when we went for pip medical we got a taxi to the door as it was further again but at least it wasn't as stressful.
  • susie123
    susie123 Community member Posts: 17 Listener
    If he got turned down for esa at the tribunral would they stop his pip?
  • susie123
    susie123 Community member Posts: 17 Listener
    He's only had it a few months
  • Ripples
    Ripples Community member Posts: 189 Pioneering
    @susie1123 Do you know how long the award was for?   They wouldn't just stop PIP, I would just concentrate om the ESA claim for now.
  • susie123
    susie123 Community member Posts: 17 Listener
    The award she May 2020 So I take it that's when next review is. This whole ESA    Has got me so stressed. I don't know if he will even be able to speak at the tribunral because he has bad anxiety.  Plus his condition has gotten worse but they won't take that into account will they as they just want to know about the day of the assessment. 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    PIP is reviewed 1 year before the award is due to end, in most cases. If his PIP is until May 2020 then review will be May 2019. Have a look at the award letter and it will tell you on there when the review is. 

    A Tribunal can't take into consideration a worsening of condition no. They will only take into consideration what he was like up until the original decision was made.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • susie123
    susie123 Community member Posts: 17 Listener
    So does that mean we would have to reapply for esa again because of his condition being worse?
  • Ripples
    Ripples Community member Posts: 189 Pioneering
    susie123  What they want to know is what his day is like, how his life affected by his disabilities and mental health state. See this as a different form of assessment if you like they aren't there to catch you out as it were but to see the claimant themselves and judge for themselves based on the evidence presented and talking to your husband. 
    If you haven't already you might like to talk to  Citizen's Advice.
  • susie123
    susie123 Community member Posts: 17 Listener
    Thank you for your comments, at least I'm a little clearer now on what goes on at the tribunral.

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