depressed please help

has71

hi, the past 2-3 years i have been on ESA For My Depression, i have been to several medicals and this time i have failed, but the questions she asked she didn't write down my answers ... apparently i wasn't sweating (how would she know she didn't feel my forehead or underarms or back) she said that i go out partying and clubbing (which obviously i don't) and apparently i have lots of friends and a thriving social life (if i do then i don't know about it!!) soi had to appeal this and got given a tribunal date which i couldn't attend as my son had a operation and my nan had just gone into hospital for a stroke, so they held the appeal in my absence and i failed, so i have had to write a letter to get a "satisfied" so i can get another appeal date, but all my money has stopped and have called up and apparently i have to apply for my benefits again (eg esa or job seakers) so in the meantime i am not getting paid a penny, i have been to see my doctor and he has told me that they cant just stop my money as i am still under a sick note until the 21st of october, i havent been paid since the 28th september

what can i do ? i cant live with no money ?! how do they expect me to feed my child and myself ?!

please help me, i cant handle any of this anymore

thanks in advance

chocsessential

I know some CAB offices have people who specialise in helping clients with appeals and attending tribunals. It might be worth your while to call into your nearest bureau for a quick assessment to see what they can do for you.

Muttleythefrog

Ouch. If you don't get any advice here contact CAB or welfare rights ASAP for an appointment. You might need legal advice here to argue the tribunal made an error in law as you were meant to attend in person. Did you tell them you couldn't attend and ask for a postponement? Obviously you're entitled to ESA assessment rate (usually with sicknotes) while awaiting appeal but the DWP currently will regard you as having had your appeal now... so you're going to need good advice to change that situation if it is at all possible. The time it might take to argue error in law even if you can might be prohibitive given your situation.

You can re-apply for ESA for the same medical reasons 6 months or more after the original DWP decision to refuse you the benefit. You could apply for JSA but you may not be able to meet an agreed jobseeker's agreement. Before you apply for either I would suggest taking professional advice because it will impact the issue regarding your 'appeal' and the dates for which any re-arranged appeal applies... which would make things 'messy'.

rogerblack

has71 wrote: »

so i have had to write a letter to get a "satisfied"

'Satisfied'? Could you explain more what you understand by this?

has71

the tribunal people said i need a thing called a "satisfied" where i write in my problem with the outcome of the tribuneal and a judge looks over the case and decides wether or not i am aloud a second tribunal date .... so i am going to have to go to the CAB tommorrow and the just sit and wait and starve lol

Muttleythefrog

has71 wrote: »

the tribunal people said i need a thing called a "satisfied" where i write in my problem with the outcome of the tribuneal and a judge looks over the case and decides wether or not i am aloud a second tribunal date .... so i am going to have to go to the CAB tommorrow and the just sit and wait and starve lol

Hard to tell what they mean. But in essence I think they are referring to appealing the tribunal decision on grounds an error in law was made (regarding your non presence). If this can be shown in legal terms then your tribunal judge may agree and a new appeal hearing could be ordered... if he disagrees then it can be appealed to upper tribunal to see if judge there will agree with you. Problem with all this is it takes time.. months. The statement of reasons from the tribunal judge may take many weeks itself.

I am not sure what the legalities are regarding a tribunal hearing going ahead without you... but I suspect it may depend on whether you requested a postponement.

Hopefully CAB can shed light on this. Take all your documentation just in case they see you there and then.. although you may just get an appointment to come back later date.

has71

My Sons Appointment And The Appeal Date Were On The 26th And 27th I Got The Dates Mixed Up, We Went For His Operation On The Appeal Day ... But I Called The Tribunal Service People The Next Day, I Know I Should Have Sorted This Out, But With My Nan And Stress Of My Child Needing A Operation I Had All My Dates Mixed Up I Will Go The The CAB First Thing Tomorrow

Thanks

neverdespairgirl

has71 wrote: »

soi had to appeal this and got given a tribunal date which i couldn't attend as my son had a operation and my nan had just gone into hospital for a stroke, so they held the appeal in my absence and i failed,

Did you apply for hte hearing to be postponed? Did you supply medical evidence for your relatives' health issues?

rogerblack

has71 wrote: »

the tribunal people said i need a thing called a "satisfied" where i write in my problem with the outcome of the tribuneal and a judge looks over the case and decides wether or not i am aloud a second tribunal date .... so i am going to have to go to the CAB tommorrow and the just sit and wait and starve lol

Aha.
'Set aside'
http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/tribunals/social-security-and-child-support/forms-and-how-to-appeal/HTA_English_Final_rev.pdf

You'd basically be arguing that you diddn't attend, and that the decision would likely have gone the other way if you did, as the tribunal couldn't properly examine your condition. So not to set aside would be unfair.

If this is granted, you'll get another identical hearing.
Otherwise, you would have to find errors in the decision, in order to appeal to the upper tribunal.

missmontana

Are you able to apply for a crisis or budgeting loan to tide you over until your benefits are sorted out?

rogerblack

missmontana wrote: »

Are you able to apply for a crisis or budgeting loan to tide you over until your benefits are sorted out?

Budgeting loans are only for those actually in receipt of benefit.