ESA Tribunal - to go or not to go?!

goodenough4me

Hi everyone,

I have never posted on a forum before but I really need some help and advice please.

I have been suffering from depression and anxiety for years and last year finally sought help for it. I also applied for ESA and was placed in the work related activity group. However when I went back for a second medical assessment (in aug) to show that I was still entitled to receive ESA, I only scored 12 points. I appealed and they rejected the appeal and sent it to tribunal.

Yesterday I received a letter saying my tribunal is on the 7th Dec. The thing is I don't actually know if I should attend or just give up on the whole thing and claim JSA, even though I still feel unable to attend work.

I don't know what evidence I can give. My GP refuses to help and my cognitive behavioural therapist says she cannot give any evidence as she is not allowed to get involved with anything to do with benefits.

I am worried that if I do lose the appeal and have to claim JSA, then I will not receive any money till next year as I know it can take a few weeks to come through, and 7th dec does not leave a lot of time before the end of the year. With xmas coming up, it would not really be good to have no income at all.

However maybe if I just claimed JSA now, it would at least give me a better chance at getting some money before xmas. I don't want it to sound like I just care about money for xmas but obviously when you have a family then that is important.

My friend thinks I should just give up on it and go on JSA but I do feel like that will be dishonest as I would not really be actively seeking work. I also feel like its the principle of the whole thing, I have been ill and I feel like I should stand my ground and fight my case.

Sorry for the mini essay! What do others think? Do I stand any chance of winning? What should I do? Many thanks in advance!:)

FTW

goodenough4me wrote: »

Hi everyone,

I have never posted on a forum before but I really need some help and advice please.

I have been suffering from depression and anxiety for years and last year finally sought help for it. I also applied for ESA and was placed in the work related activity group. However when I went back for a second medical assessment (in aug) to show that I was still entitled to receive ESA, I only scored 12 points. I appealed and they rejected the appeal and sent it to tribunal.

Yesterday I received a letter saying my tribunal is on the 7th Dec. The thing is I don't actually know if I should attend or just give up on the whole thing and claim JSA, even though I still feel unable to attend work.

I don't know what evidence I can give. My GP refuses to help and my cognitive behavioural therapist says she cannot give any evidence as she is not allowed to get involved with anything to do with benefits.

I am worried that if I do lose the appeal and have to claim JSA, then I will not receive any money till next year as I know it can take a few weeks to come through, and 7th dec does not leave a lot of time before the end of the year. With xmas coming up, it would not really be good to have no income at all.

However maybe if I just claimed JSA now, it would at least give me a better chance at getting some money before xmas. I don't want it to sound like I just care about money for xmas but obviously when you have a family then that is important.

My friend thinks I should just give up on it and go on JSA but I do feel like that will be dishonest as I would not really be actively seeking work. I also feel like its the principle of the whole thing, I have been ill and I feel like I should stand my ground and fight my case.

Sorry for the mini essay! What do others think? Do I stand any chance of winning? What should I do? Many thanks in advance!:)

You've probably left this a bit too late if your tribunal hearing is Dec 7, but you do have the right to ask for any and all medical records held on you (you'd need to ask the clinic this). The tribunal would need to see copies of these. Have the tribunal asked you for access to your medical records? They would need to get your written permission to do this.

You say that your GP refuses to help - if that's his attitude towards you, find another GP. Same goes for the cognitive therapist. Seems to me like both are just apathetical.

Get welfare rights or Citizens Advice Bureau involved to help fight your corner.

Ideally, if you've had a medical, you should also have audio recorded it, which is something to bear in mind if you ever have another.

dave030445

As your have appealed you will have a copy of your medical assessment that you had done in august. When reading it do you feel like that a true refection of your condition? Is there a reason why your DR won’t help? You can not go on JSA unless you are fit for work, it’s not enough to say you wanted money over Christmas. Go for the appeal if you pass all well if you don’t pass and have no money ask for a crisis loan. Please don’t offer yourself for JSA if you don’t think you are well enough.

goodenough4me

I would not be entitled to a crisis loan because I live with my parents and thus do not have to pay rent. The jobcentre said they are only giving crisis loans for extraordinary circumstances.

I have contacted CAB but have received no reply yet, but I will wait to see what they say.

The tribunal is over half an hour away from where I live. I cannot drive and live where there is no bus route (middle of nowhere!). It will be a struggle to get there and to be honest I'll be terrified of going.

I was also told that even if I win then I'll be sent for another medical shortly after to determine which group I would be placed in.

I kind of feel like I am fighting a losing battle. I planned to come off esa in the next few months anyway as I feel like I am making the right progress (although not quite there yet) and wonder if it is worth the stress and anxiety.

Am I making excuses because I'm scared though?! I just dont know! I do feel that aspects of my medical were untrue and I did score 12 points. I feel that I definitely would have scored 15 or more. But I am so fed up of having my illness judged and feel like having it judged in such a formal setting would be unbearable.

cit_k

goodenough4me wrote: »

I would not be entitled to a crisis loan because I live with my parents and thus do not have to pay rent. The jobcentre said they are only giving crisis loans for extraordinary circumstances.

I have contacted CAB but have received no reply yet, but I will wait to see what they say.

The tribunal is over half an hour away from where I live. I cannot drive and live where there is no bus route (middle of nowhere!). It will be a struggle to get there and to be honest I'll be terrified of going.

I was also told that even if I win then I'll be sent for another medical shortly after to determine which group I would be placed in.

I kind of feel like I am fighting a losing battle. I planned to come off esa in the next few months anyway as I feel like I am making the right progress (although not quite there yet) and wonder if it is worth the stress and anxiety.

Am I making excuses because I'm scared though?! I just dont know! I do feel that aspects of my medical were untrue and I did score 12 points. I feel that I definitely would have scored 15 or more. But I am so fed up of having my illness judged and feel like having it judged in such a formal setting would be unbearable.

You should be able to claim taxi expenses, give the tribunal service a ring first to confirm they will accept that, but I can't see there being a problem if there is no bus available.

If it helps, the setting is (in my experience) not that formal, Im not sure what you are imagining, but its not like a 'court room' with judges in formal clothing/wigs etc.

Its always just been the panel members (used to be three, now just two) who sit at a normal table, you at the other side. Normal clothing etc.

Mine were held in normal rooms, nothing fancy at all.

No swearing oaths, no standing for judges, quite informal really.

tod123

My friend thinks I should just give up on it and go on JSA but I do feel like that will be dishonest as I would not really be actively seeking work.

Don't worry about that , you have been assessed as fit for work , if they find you are not actively seeking work then you willl have your JSA withdrawn as well, so get out there and get looking for work!

frank_begbie

You must go to your appeal, otherwise you will regret it.

You'll be forever wondering if you went, you may have changed the outcome.

The government rely on a percentage of people not attending their appeal, it makes life a lot easier for them.

If you're not there you can't argue your case, simple.

PipsoG

the statitics show that more appeals are lost whgen they are just a "paper" exercise rather than the appellant attending.

don't you have a friend who could go with you - just for support. As it has already been said it is informal with the panel sat on one side of a table - there is a chairperson and one other. The DWP on send what is called a "Presenting Officer" if there is a point of Social Security Law that you are appealing. You will get all of the relating documents beforehand in the post. If you don't you can ask for the Tribunal to be adjourned but it is up to the Chairperson.

Also in the room is a Clerk, who comes to see you before the Tribunal, explains what will happen before the Tribunals starts, collects you from the waiting room and escorts you back afterwards if the Panel want to make a decision bfore you leave. The clerk then gives you the decision in writing or tells you when you can expect to receive the decision in the post. They also pay you your travel expenses.

Be brave - but please do go

goodenough4me

Thanks for the advice so far.

What evidence do you think it would be best to send?

When I went to the doctor's they didnt have my medical records up to date so I dont want to send that, as it misses a lot of things out. Also the doctor will not write any supporting letters as he is the most unhelpful GP in the world!

My cognitive behavioural therapist says she is not allowed to get involved either!

Help!!

hbgirl

hi, i'm no expert on ESA but have attended appeals (as a presenting officer for local authority, housing benefit). they are quite informal as has been described. the judges tend to be nicer to the appellant (you) than the presenting officer!

even if you have limited medical evidence, your oral evidence describing your illness can be weighted quite generously.

i understand around 40-50% of ESA claims are currently being won by the appellant.

you have a MUCH higher chance of "winning" if you attend. if one party attends and the other doesn't the one who attends is always more likely to be successful. when both attend the appellant has a much better chance.

in case you don't get the point - please do attend!!!

frank_begbie

You can also go along to an appeal just to get a feel for it, see what's involved.

Not sure if you can just turn up and ask can you sit in.