esa tribunal fail

trish67

Hi, can anyone help me, I have my esa tribunal today, if i fail will i be forced on to jsa even though i'm not fit for work, I have osteoarthritis in my ankle due to severe breaks after an accident in 2009, my leg is plated and screwed and I've been told they won't remove the metal as it could cause my leg to refracture. I also have problems with my hips and knee's due to walking with a limp, and have depression too. I can't see how I can be made to apply for jobs that I wont be able to do! I am worried sick, can I claim esa again, I read somewhere that you used to be able to make a fresh claim if it had been longer than 6 months from your wca, but that they have now changed it so you have to wait for 6 months after the decision at the tribunal. I'm worried sick about it, as my leg and other joints are only getting worse over time not better.
Any advice would be really appreciated.

go_cat

If the worst came to the worst could you not take a job sitting down e.g call centre etc?

trish67

Hi, Yes I have a walking stick, but to be honest it makes very little difference to the pain I have when walking. I take codiene, paracetomol, and 40mg fluoxetine for depression. The doctors have told me that the damage has been done and that it will deteriorate over time due to the nature of the injury, some days I can't get out of the chair as frightened to stand. I'm worried sick that if I fail the appeal that I'll be forced on to JSA when I don't think it is appropriate for me at this point in time as I'm limited to what I can do, and don't know what my long term health will be as my leg has got worse over the past 2 years, I'm reduced to tears at time with the pain.

trish67

Hi, I don't think I'm qualified to work in a call centre, everything is computerised these days and although I can manage this, I'd quickly become stuck if trying to do anything else.

trish67

does anyone know if I can make a new claim for esa if i fail this tribunal, my medical was almost 10 months ago now, I read somewhere that there is a six month rule and that you can't make a new claim with the same condition within 6 months of your medical, but can there after .... but I read somewhere else that they have now changed that to you can't claim for 6 months after the decision of the tribunal, it is all so confusing.

sunnyone

trish67 wrote: »

does anyone know if I can make a new claim for esa if i fail this tribunal, my medical was almost 10 months ago now, I read somewhere that there is a six month rule and that you can't make a new claim with the same condition within 6 months of your medical, but can there after .... but I read somewhere else that they have now changed that to you can't claim for 6 months after the decision of the tribunal, it is all so confusing.

They have altered things but yes you can still make a new claim after six months but that dosnt mean that you will get paid anything until after another medcal and with the "virtual" wheelchair I cant see you passing the medical.

The medical has been changed because some wheelchair users can work therefore not being able to stand/walk no longer means that you are unfit to work so now might be a good time to rethink your future.

Have you been refered to a pain clinician to help with the pain?

melly1980

trish67 wrote: »

Hi, I don't think I'm qualified to work in a call centre, everything is computerised these days and although I can manage this, I'd quickly become stuck if trying to do anything else.

Well why not try it and see.

krisskross

trish67 wrote: »

Hi, I don't think I'm qualified to work in a call centre, everything is computerised these days and although I can manage this, I'd quickly become stuck if trying to do anything else.

What work do you envisage doing?

I don't believe that long term sickness benefits will survive except for the badly disabled.

catfish50

Often going back to work is the best thing for depression. Seriously. Try to pinpoint what would be the best type of job to apply for, and see if you can get training. Good luck.

FTW

trish67 wrote: »

Hi, can anyone help me, I have my esa tribunal today, if i fail will i be forced on to jsa even though i'm not fit for work, I have osteoarthritis in my ankle due to severe breaks after an accident in 2009, my leg is plated and screwed and I've been told they won't remove the metal as it could cause my leg to refracture. I also have problems with my hips and knee's due to walking with a limp, and have depression too. I can't see how I can be made to apply for jobs that I wont be able to do! I am worried sick, can I claim esa again, I read somewhere that you used to be able to make a fresh claim if it had been longer than 6 months from your wca, but that they have now changed it so you have to wait for 6 months after the decision at the tribunal. I'm worried sick about it, as my leg and other joints are only getting worse over time not better.
Any advice would be really appreciated.

IF a tribunal fails, I believe you'd need to submit a Statement of Reason within one month of the hearing in question, detailing why you question the tribunal's decision.

I didn't have to do this myself, but I'm sure someone on MSE will be more familiar with that process than myself - if you need it.

cookie001

trish67 wrote: »

Hi, can anyone help me, I have my esa tribunal today, if i fail will i be forced on to jsa even though i'm not fit for work, I have osteoarthritis in my ankle due to severe breaks after an accident in 2009, my leg is plated and screwed and I've been told they won't remove the metal as it could cause my leg to refracture. I also have problems with my hips and knee's due to walking with a limp, and have depression too. I can't see how I can be made to apply for jobs that I wont be able to do! I am worried sick, can I claim esa again, I read somewhere that you used to be able to make a fresh claim if it had been longer than 6 months from your wca, but that they have now changed it so you have to wait for 6 months after the decision at the tribunal. I'm worried sick about it, as my leg and other joints are only getting worse over time not better.
Any advice would be really appreciated.

Hi,

A person who has been found capable of work under the work capability assessment usually has to wait six months from the decision before reapplying for Employment Support Allowance. However, you can reapply for Employment Support Allowance again within six months of such a decision if:-

• You are suffering from a specific disease or physical or mental disability which you did not have at the time you were found capable of work; or
• your condition since you were found to be capable of work has significantly worsened; or
• You were treated as capable of work because you failed to return the capacity for work questionnaire and have since returned it.

The 6 months used to be from the date of the original decision, however it appears that the regulations have been changed and 6 months is now treated from the date of the tribunals decision. However, there is so much confusion over the changes and most DWP’s do not correctly apply the rules!!