Employment and Support Allowance Appeal

Timaintsosmart

I am currently on Employment and Support Allowence and had to go for my medical assessment a few month back to which I got the reply that I was fit for work as I had scored 0 points on their test.

I appealled this and stated that my doctor would not be continually issuing me a sick note month after month if I was well enough to work and also that I thought their test had nothing to do with my illness and my capability to work and that it was more of an assessment to see if I needed a Carer as the questions were more to do with looking after myself than working situations.

Today I have been sent a huge wad of papers from the Job Centre. The covering Letter says that my appeal information is been passed to a tribunal and the other 49 pages are the notes of the nurse who did my assessment basically saying she doubted there was anything wrong with me based on no medical fact but on my general appearance (ie..I looked fit and healthy, was clean and well dressed).

Now I no idea what is going on...Am I still going to be paid until the tribunal?, How Long will I have to wait for a tribunal? , Do I need to prepare for the Tribunal? and What happens if I lose at the Tribunal?

Has anyone been in this situation who can share their experience with me please??

Cheers Tim

amanda6216

i had to appeal mine too it was in april after around 6 months of waiting there is a back log at the tribunal ill warn you of that now!!
you should still get the basic rate around £60p/w until the tribunal hearing.
In the pack of papers there should be the report from the doctor that did your medical check this every detail as i had contradictions in mine....on one page she had put my left hip had full rotation then on the next page she said i had limited rotation in my hip i pointed this out to the judge at my appeal...... i ended up winning my appeal and have just won my dla appeal also i claimed for both of these in june last year stick with it dont give up i hope you get what your entitled to

Muttleythefrog

Tim you should be able to get assessment rate ESA while awaiting appeal... usually sicknotes are required to get this (sent to the appropriate Benefits delivery centre)...like they would normally be required in the assessment phase.

Sounds like the DWP has now passed you all their papers... a copy of which they'll have sent to the tribunals service to now take over matters.

The tribunals service should be in touch with you soon.... they'll probably tell you what their role is and what happens next... they'll probably get you to fill in a very simple form indicating some basic information including what type of appeal hearing you want.. ideally opt for an oral one as then you can attend (or someone can attend on your behalf) and give direct evidence to the 2 member panel (a 'judge' and a medical pro.) and data suggests this improves significantly your chances. Tribunals are currently taking many months to be heard due to the large number of ESA appeals. The tribunal will look to reach their decision based on the balance of evidence available. About 40 percent who appeal the decision you're appealing overturn it at appeal.

There's some important points to make to you. Forget the issue of can/can't work... that is not what is technically at play here. The Work Capability Assessment which you failed has descriptors and it is they which determine entitlement. (I could give you the descriptors link but the descriptors have been subject to change and I'm not sure which ones have applied in your case). So what I'd advise is you look at the relevant descriptors for the Work Related Activity Group (where you need to score 15 poiints or more to qualify) and the descriptors for Support Group. Identify which you think should apply in your case. With those in mind seek any supporting evidence you can that agrees with what you claim (the applying descriptors and your diagnoses etc)... sounds like your GP might help... perhaps you could get them to write a supporting statement regarding such. The more supporting evidence the better your chances... make sure such evidence can be regarded as applying at around the time of the DWP decision you're appealing as the tribunal's job is to redetermine that decision at that time (albeit perhaps with more evidence).

Before tribunal make sure you have read all the papers (which you'll need to take with you).. all the evidence... the decision of the DWP.. the medical report. Be prepared to challenge the medical report which was probably heavily relied upon to reach the decision the DWP did... the healthcare professional decided that no descriptors applied so fundamentally undermining the report's accuracy is probably going to be important. The tribunal is independent and it is unlikely the DWP will have a representative there (they probably can't afford it..lol) although they can send one if they want.

If you lose at appeal you can challenge the appeal tribunal decision if there has been an error in law... you'll probably need legal support to do that and there may be no case for you to make. If it is 6 months or more since the DWP turned you down then I understand you can reapply for ESA..lol. You can also reapply for ESA if you have significantly changed medical health or new health condition to claim regarding. There may be other 'appropriate' benefits away from ESA.

Timaintsosmart

Thank you both for your helpful advice. its much appreciated

carolannie

I was given 0 points as well.
The report said I was "well groomed and well dress"
If you are dirty and scruffy, does that mean you are too ill for work and get more points?

People have pride and get judged negatively.

make sure you keep everything and keep up to date with your sick note. Always send them to the DWP in plenty of time.

And get help from your local welfare rights.