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ESA tribunal

Last year I was off sick with work related stress/depression that had brewed up over a few years and culminated in my almost having a breakdown. For the first time in my life, I had to claim a benefit. I went through the minefield of trying to claim ESA (didn't/couldn't get anything else as I technically was still employed, hubby works, we have no kids), got the initial ESA, failed the medical with 0 points even though I was at the lowest I had ever been in my life, so bad I didn't even want to live anymore, I had to have my family members go with me to the medical. I appealed and they reinstated ESA at the basic rate. I contacted Welfare Rights who were helpful and said they would represent me at tribunal and my doctor has written to support how ill I have been.
With counselling, help and support from my GP and family, I was able to apply for a new job, as I had to when we were re-organised at work and was told I had no job but I could be ring fenced for a new post. I had the interview, got the job and started a month ago so no more ESA.
I just found out the tribunal for ESA is in March. Welfare Rights suggest I still go through with it even though I am now much much better due to the new job, and back at work. But will this go against me and I'll end up grilled at the tribunal? I wasn't faking illness, as I know now, how much better I am compared to way back then. What do I expect if I go to tribunal, has anyone else been through it, and is there much point in my going at all or am I putting myself through it, for no reason?
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Comments

  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    If you are back at work and off ESA then there is simply no point in going to the medical. No idea what Welfare Rights are playing at here.
  • Thanks, that was what I thought, both they (WR), and the tribunals service told me to go through with it, saying if I win I'd get back dated money - but Welfare Rights also said initially, very few people win. I don't want to put myself through it (and take time off my new job) for a pointless exercise.
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    edited 2 February 2010 at 9:46AM
    Well, I may have something of interest for you then, as there is no backdated money to be had even if you 'pass' the medical.

    http://www.dwp.gov.uk/docs/m-02-10.pdf

    If Welfare Rights are not aware of the above document then point it out to them as they are wasting peoples time. The document states that the assessment phase only ends after the 13th week or, where the WCA hasnt taken place by the 13th week, the date of the WCA. And since a disallowance is in effect by that time they wont be able to award arrears.

    My advice, which you are not bound to take, is that it would be a total waste.
  • eeyore2ok
    eeyore2ok Posts: 23 Forumite
    edited 2 February 2010 at 9:49AM
    Thanks for that, I will pass that document to them and see what they say, I'm not going to waste my time!! Even the tribunals service told me to go through with it, but I'm really not sure I see the point when i'm back at work now
  • Welfare Rights have come back with this, I am totally confused:

    Thank you for your recent email

    We have received your appeal date of **th March. It is to be held in ******. I agree with the advice you were given to continue with the appeal as if it is successful you could gain financially.

    We will meet you at the Tribunal venue before your appeal.

    If you have any further queries please do not hesitate to get back in touch

    Many Thanks
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    They mustnt have read the memo, DMG or Regs because it is clear as day that there will be no financial reward, the WCA has to have taken place before the signing off date as for backdating to be allowed there has to be a current award.
  • Robbie64
    Robbie64 Posts: 2,235 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    NASA wrote: »
    Well, I may have something of interest for you then, as there is no backdated money to be had even if you 'pass' the medical.

    http://www.dwp.gov.uk/docs/m-02-10.pdf

    If Welfare Rights are not aware of the above document then point it out to them as they are wasting peoples time. The document states that the assessment phase only ends after the 13th week or, where the WCA hasnt taken place by the 13th week, the date of the WCA. And since a disallowance is in effect by that time they wont be able to award arrears.

    My advice, which you are not bound to take, is that it would be a total waste.
    But surely the WCA has taken place and a decision was made based upon the WCA that the person scored 0 points. It is against this decision that an appeal has been made. Therefore if the tribunal find in favour of the OP the original WCA decision will be overturned and the OP will be paid arrears from the date of the original WCA to the day the OP was signed off. While the person is appealing they are treated as if they have limited capability for work which is how they can continue to claim ESA at the basic rate.
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    I may have made a mistake it seems.

    I didnt read that it was a tribunal - took it as medical - sleep deprivation is no good.
  • eeyore2ok
    eeyore2ok Posts: 23 Forumite
    edited 2 February 2010 at 12:38PM
    So I should go? If so, what should I expect?
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    eeyore2ok wrote: »
    So I should go?
    In my opinion it is probably still a waste of time but there is the possibility of arrears in this situation rather than the hypothetical one I was summing up.

    My apologies.
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