Need Some Advice Please After ESA Tribunal

Bad_Credit

Hi Guys,


I would really appreciate some advice please as I need some help.

Unfortunately I failed my ESA Tribunal last week. I was wondering if someone could let me know what happens next? I have heard back from the tribunal via the post but have not heard from the DWP.

I was hoping someone could help me answer some of the following questions –

• Can I apply for ESA again for the same exact condition?
• Do I need to wait for the DWP to contact me before applying again?
• I am currently receiving help with my mortgage payments, will they stop and will I have to wait again before they will help with the payments?
• When will my current payments stop?

Any other useful information would be much appreciated.


Thanks

rogerblack

Answering in order.

You can apply again if your condition has worsened, or if it has been 6 months since the last determination that you were fit for work. (this would have been a day or two before you got the letter saying you diddn't qualify).
The DWP could in principle appeal, if it finds an error in your favour with the judgement.
Soon.


I would advise, if you think you should have qualified, that you ask the tribunal for a statement of reasons.
This will go into detail why they considered your case weak.
If you find an error in law, or in a few other limited cases, you can appeal the decision of the tribunal.
In general, this would be for procedural errors such as them not properly considering the evidence.
If they considered your evidence and have reasons why they don't believe it, that would not usually let you appeal on that ground.

Muttleythefrog

Yeah... as per Roger. There is the possibility that you could argue the tribunal made an error in law... and you would need to request a statement of reasons from the tribunal judge for to consider if that is the case.. probably legal advice too. If judge agrees that error in law was made then a new tribunal can be re-ordered... if judge refuses then you can appeal to the upper tier of the tribunal for same end. In most tribunals an error in law won;t have been made - it can be things like procedural error or the law was wrongly applied or a fact obtained was incorrect... but not that they should have reached a different decision given the evidence.

The most likely best course for you is if 6 months have passed since DWP turned you down then you could re-apply. I expect the DWP will be writing to you soon to inform you that ESA will be stopping as you failed in your appeal. Timing might be all important to you... to ensure you have continuation of claim so as to not affect other benefits dependent upon your receipt of ESA.

Bad_Credit

Hi Guys,

Thanks for the replies, they are greatly appreciated.

I am still slightly confused. Should I contact the DWP myself now or should I wait until they stop paying my ESA?

I am currently getting help with my mortgage payment will that stop immediately?

How long on avergae does itr take the tribunal service to notify the DWP, I thought it would only be a matter of days?

Thanks for your help guys

Muttleythefrog

Bad_Credit wrote: »

Hi Guys,

Thanks for the replies, they are greatly appreciated.

I am still slightly confused. Should I contact the DWP myself now or should I wait until they stop paying my ESA?

I am currently getting help with my mortgage payment will that stop immediately?

How long on avergae does itr take the tribunal service to notify the DWP, I thought it would only be a matter of days?

Thanks for your help guys

The DWP will have found out probably within couple of days. How long it will take them to process that is harder to tell and when your ESA will be stopped is also hard to tell as a result. If you are in a situation where you can re-apply it might be worth trying to pre-empt their stopping of the monies by contacting them and seeing if you can make a new claim now you expect them to stop your ESA... because when they do stop then I would assume any benefits that rely on the ESA award will consequently be stopped too. Unfortunately a lot of people end up in that difficulty but eventually get things resolved... in most cases due to tribunal backlogs the 6 months have passed. If you do reclaim then you'll probably need 'sicknote' to qualify for assessment phase... so worth ensuring you'll be prepared on that count.