ESA Appeal - Date 27th Oct

Cookiee

Good morning all

If anyone has been to an appeal, can you please let me know what your experiences were.

We have been given our date on the 27th October in Northampton and I want to make sure both my OH and myself are fully prepaired.

We have made an appointment to see my OH medical notes to double check we have all the dates, medication etc etc are correct and then send copies of everything (recorded delivery) to the clerk at the tribunal.

I am worried that they will turn my husband down, even though he is still in no fit state to work with the pain in his back, so if this was to happen (worse case senario) what would we do next? Do we put in a new claim for ESA? My OH would not be eligble for JSA as he cannot activly look for work.

All advice would be grateful as I want to go in and be prepaired for any eventuality.

Cheers Cookiee

NASA_2

When exactly was the original disallowance made? This should be the date on the original decision letter.

Cookiee

Hi NASA date originally started on ESA was 1st May. Date disallowance made was 20th July.

rogerblack

Cookiee wrote: »

Hi NASA date originally started on ESA was 1st May. Date disallowance made was 20th July.

As I understand it, you are not eligable to claim ESA for the same condition, from 6 months of the date you were found fit - the 20th of July.
However, you can make a claim for a new, or more serious condition.
In principle, an appeal to the upper tribunal may be possible if you lose the first level tribunal, but this would only be the case in unusual circumstances, where the first level tribunal has made an error of law, or not looked at your case properly.
(If they see you have no legs, and don't ask questions about your mobility, for example).
If they look at your evidence, and don't believe you, this isn't normally an error of law.

NASA_2

Cookiee wrote: »

Hi NASA date originally started on ESA was 1st May. Date disallowance made was 20th July.

Ok, any new claim will be treated as a fresh claim within six months, this means that it wont be accepted automatically unless you have a new condition or the existing condition/s have worsened.

Once January 20th 2012 comes about the six month period is finished.

Cookiee

Thanks guys so if worse case senario was to happen, and they said he is fit for work (which he is deffinantly not) would this mean we would then have no money until the end of Janurary? There is no way we could survive on no money!

RILEYBULL

Cookiee wrote: »

Thanks guys so if worse case senario was to happen, and they said he is fit for work (which he is deffinantly not) would this mean we would then have no money until the end of Janurary? There is no way we could survive on no money!

Why dont you find a part time job to tie you over in the meantime.

rogerblack

Cookiee wrote: »

Thanks guys so if worse case senario was to happen, and they said he is fit for work (which he is deffinantly not) would this mean we would then have no money until the end of Janurary? There is no way we could survive on no money!

I would add that to the appeal - that if found fit, he would be required to do 16 hours work a week, which would be a serious risk to his health in ways you document along with medical evidence. (this is an alternative route to getting ESA, if there is a danger to any person if you're found fit for work, or fit for work-related activity)

In principle, you could apply for crisis loans, which may be difficult, or he or you could apply for JSA, or you could apply for ESA, if your condition warrants it.

DLA also, which if granted at the higher rates may allow a claim of carers allowance, or income support, in addition to boosting the amount paid on the ESA claim.

It may be possible that a jobseekers agreement which he can legitimately sign can be worked out.

Cookiee

Hi Rileybull - I already work between 45-50 hours a week. Unfortunately my work do not allow a 2nd job. My wages just cover the bills (and thats with asking for help from our mortgage company). My husband cannot get a part time job as this is the whole reason why he is claiming ESA.

Thanks Rogerblack - We would not be eligable for a crisis loan due to my income and to be fair I would have no way of paying it back. I am fit so ESA would not apply to me. We did apply for DLA but was declined twice and to be fair we did not really want to claim it. We have adapted to surviving on £67.50 a week and can do so until OH has had his ops and they finally sort out his pain medication. His work has kept a position open for him so as soon as he has been told he is ready ( or he feels ready, whatever is sooner) then he will go back to work.

With the JSA agreement, would he need to claim this as soon as the appeal fails? Would he need to go down to the Jobcentre to do this and then negoitate an agreement?

I know I am possibly thinking the worse and we have enough support from OH GP, Surgeon and medical evidence to hopefully prove that he is at the moment unable to return to work.

What was it like in the appeal? What types of questions did anyone get asked? I will be going as his witness and will I be able to answer any questions or ask any?

rogerblack

Cookiee wrote: »

With the JSA agreement, would he need to claim this as soon as the appeal fails? Would he need to go down to the Jobcentre to do this and then negoitate an agreement?

As I understand it, you do this with your adviser, yes.
I've not done this however.

Not - yet - been to tribunal - expecting a date next year for my DLA hearing.

Cookiee

Hi All

I just wanted to bump up my thread (cheeky I know) but as the date of the appeal is fast approaching I wanted to ask you all how much evidence should we take to the tribunal?

We have a full list including dates, milligrams and quantity of medication he is on. He has all the letters from the hospitals with the appointments with his surgeon. He has the information when he had his failed cortizone injection. He has the dates of when he attended physio's.

What else would you recommend he takes? The community law office local to us have given us some information on what we should challenge against and also we have the joke which is the esa medical assessment. I have highlighted all the sections on it which are incorrect so should I take this also?

I was also thinking of writing a statement to explain how my OH's life has changed and also how it is affecting us both. Do you think this is a good idea? Is there anything else I should take? What about a docs note? Not a sick note as they have all those but ask OH doc if he can write a letter explaining why he feels its not a good idea (at the moment) for hubbie to go back to work.

Sorry I asked a lot of questions :-D I just want to make sure I am fully armed to help OH x

Thanks Cookiee