Employment and Support Allowance (ESA)
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Is there a limit to how many tribunals you can go through?

BenistmonkBenistmonk Member Posts: 343 Pioneering
Hello, I hope you are all keeping well. I found myself here after looking into the rules and regs for ESA. I am in the process of going to tribunal for a fourth time now, I won my previous three appeals.

I was wondering how many times the DWP can put you through this legal process, is there a limit? Probably not, but it seems wrong to me, having to go on trial again for something I have already been tried for. 

The worst part now is, under the latest rules you have to ask for a Mandatory Reconsideration before you can appeal, and while your MR is being looked at, the DWP stops your ESA payments. 

OK they are supposed to restore ESA payments at the reduced rate when you submit your appeal, and it has been accepted by the Tribunal Service, but that takes time. Things like bills and council tax which I pay monthly, can't be paid, and the council will take action against you for non payment, I am not sure what the rest of them will do, probably cut off supply of utilities which will cost you more money to restore. 

The old system was bad enough, at least didn't stop your ESA pending appeal, but this new system is a complete joke, surely they must be breaking some law, rule or regulation? 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    No, there's no limit to how many Tribunals you can have. It's worth remembering that you're not on "trial" at a Tribunal because you've not done anything wrong.

    I agree that the MR process does drag it out a lot more, especially as most of those decisions remain the same.

    Good luck and hope you have a decision in your favour.
    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.
  • charlie79charlie79 Member Posts: 194 Pioneering
    I AM WAITING FOR MY ASSESSMENT HOME VISIT IF I HAVE TO APPEAL, HOW LONG DOES MANDATORY RECONSIDERATION. DOES THIS MEAN THEY STOP EVEN HOUSING BENEFIT. HOW LONG DOES IT TAKE
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    charlie79 said:
    I AM WAITING FOR MY ASSESSMENT HOME VISIT IF I HAVE TO APPEAL, HOW LONG DOES MANDATORY RECONSIDERATION. DOES THIS MEAN THEY STOP EVEN HOUSING BENEFIT. HOW LONG DOES IT TAKE
    MR can take up to 6 weeks, mine took 4 weeks. 

    The council will write to you if ESA is stopped, but once you explain to them that you have asked for MR and you are going to appeal, that should keep HB in payment, at least it did for me. 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @charlie79 try not to think the worst. I know that's extremely difficult to do as i was thinking the same when i was re-assessed for my ESA in October.

    If the worst does happen and you're found fit for work, the best thing to do is come back here for further advice. You'll only get yourself more worked up by asking these questions now.

    Good luck.
    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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Hi,

    No, there's no limit to how many Tribunals you can have. It's worth remembering that you're not on "trial" at a Tribunal because you've not done anything wrong.

    I agree that the MR process does drag it out a lot more, especially as most of those decisions remain the same.

    Good luck and hope you have a decision in your favour.
    I would argue when you sit before a judge dealing with matters of law, depending on your personal circumstances, you could be on trial for your life. 

    I don't disagree with the MR. I disagree with having no money to live on pending the MR. 
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