They Took My ESA Away

MEsteve

as I understand it if you loose an ESA tribunal you cant claim ESA for another 6 months...so you would need to go onto JSA.

Sorry to hear about your struggles with Tourette's...

rogerblack

MEsteve wrote: »

as I understand it if you loose an ESA tribunal you cant claim ESA for another 6 months...so you would need to go onto JSA.

Sorry to hear about your struggles with Tourette's...

This is not quite the case.
The tribunal in a legal sense makes a decision back in time, at the time of the original decision.
So, if you have a medical 1st Jan, are dissalowed benefit on the 15th, and then go to tribunal on the 5th of November, you can claim on the 6th, if you fail.
This is because the 6 months runs from the 15th of January - the date of the original decision to deny you benefit.

In practice, the number of people who will get to a tribunal without 6 months having elapsed is small.

In principle, at the moment, the claimant can actually prolong the appeal process to over 13 weeks, even assuming there is no delay in the system.
Unfortunately, at the moment, this is quite academic, as the DWP and tribunals service do this quite effectively on their own.

Even if six months has not elapsed, you can reclaim ESA, but you will not be paid until you pass a medical.

[Deleted User]

Finally got my letter saying my Tribunal is set for Janurary 26th. Which is almost 1 year. My representative will be representing me on the date. I am kinda nervous and scared to also go to it. Will it make a major impact if I do not go to it?

electic

Appeals are more likely to be successful when they are heard in person, rather than decided just on paper - and one of the main reasons for this is that the tribunal judge can actually meet the person and see the problems you have.

I definitely recommend that you force yourself to attend the tribunal - as much as it may be nerve-wrecking, ultimately if it means you get your benefit sorted it'll be worth it. Just make sure the judge sees the problems you are having - don't try to hide your symptoms to put on a 'brave face!'

All the best with it.

Pippin12

Nothing to add Aberdeenlad - just wanted to wish you all the very best of luck with the tribunal.

JillyJolly_2

Doctor alone can't qualify you with fit notes.

Even if you to ill and should be on ESA or whatever it's hard to convince them at the medical unless the conditions are that serious that you score all the points needed in no time, or you meet someone who does not a do a professional job. If the latter is the case it's best to get help from support groups like "Framework" who can attend the medicals with you, in advance explain what is needed and at the medical they will make sure everything is done by the book.

In this case you need to appeal, but you should really get help from others in the know as to what to put in the appeal, otherwise it will likely be rejected. If the appeal is done properly and your conditions should put you on ESA, then there is no need to attend to the Tribunal.

benefitbaby

JillyJolly wrote: »

If the appeal is done properly and your conditions should put you on ESA, then there is no need to attend to the Tribunal.

Sorry but I do not agree, the Tribunal Service annual statistics show that you have almost double the chance of a successful outcome at a tribunal if you attend the hearing. This is because the panel can ask you questions and elicit additional evidence upon which to base their decision.

[Deleted User]

Got my tribunal tomorrow. Do they give you their decision there and then?

sammyjammy

Best of luck, be brave.

miduck

Deleted_User wrote: »

Got my tribunal tomorrow. Do they give you their decision there and then?

It varies - sometimes they do, sometimes they will write to you within a few weeks. Some people believe that if they write you have failed, but that is not always the case, it simply means they need more time to consider the evidence.