Lost ESA Appeal-What Now?

joseph5691

Hello,
I just lost my esa appeal yesterday and I'm not sure what exactly I should do now. The letter they sent me stated 'Appeal is Dismissed', but doesn't say anything about what I can do now - only that I can try to appeal again. I don't want to appeal again as I don't think I will win and have too much anxiety to attend(I didn't attend the one yesterday as I couldn't bear to go to a public place). A few questions:

1. Does this mean I lose all benefits...i.e. no money every two weeks, lose housing benefit and council tax benefit?

2. My medical was on 30 Sep. 2011 ( I scored 12 points) and my appeal hearing was June 11th 2012. Because this is over 6 months between the two, I read somewhere that I can apply again for esa. Is that correct?

I'm really not sure what to do next, I suffer badly with depression and panic attacks. Can anyone advise?

Thank you.

Muttleythefrog

You can only appeal the decision if you feel an error in law was made... in effect you'd be asking the tribunal judge to set aside the tribunal decision.. or a judge from the upper tier of the tribunals service to do same if necessary. In most cases there will be no case for appealling the appeal tribunal decision... as most tribunals will probably not make an error in law. Error in law could be something like they applied the wrong law, they failed to follow due procedure.. error in law is not that they reached a decision you disagree with.

I think you made a major mistake in not attending... the very fact you suffer so badly with anxiety in public places would have aided your cause quite likely as well as allowing you to present directly to the panel evidence from the primary source... you. Statistics strongly suggest appeals like this are enhanced in chance by representation.. by self or someone else.

1. You could claim JSA probably (although from what you say it sounds like you'd be making false declarations and signing up to commitments you'll struggle to keep) and due to low income (which I presume you have or none) get HB and CTB.

2. I believe so yes. The 6 months waiting period can be waived where new, or notably altered, medical circumstances apply. But as per many by the time appeal is heard that 6 months is up anyway from the time of the DWP decision. You'd need sicknotes from doctor to qualify until you are again assessed for the main phase of ESA.

So my advice is try to apply for ESA again if you have your doctor's support in terms of being prepared to supply the medical certificates for next 3 months or so. I would use those 3 months or so to identify the descriptors for main phase ESA that you think apply to you and therefore how you should qualify (pass the WCA)... and try to seek evidential support or prepare the likes of your doctor for creating such at later date.

joseph5691

Muttleythefrog wrote: »

You can only appeal the decision if you feel an error in law was made... in effect you'd be asking the tribunal judge to set aside the tribunal decision.. or a judge from the upper tier of the tribunals service to do same if necessary. In most cases there will be no case for appealling the appeal tribunal decision... as most tribunals will probably not make an error in law. Error in law could be something like they applied the wrong law, they failed to follow due procedure.. error in law is not that they reached a decision you disagree with.

I think you made a major mistake in not attending... the very fact you suffer so badly with anxiety in public places would have aided your cause quite likely as well as allowing you to present directly to the panel evidence from the primary source... you. Statistics strongly suggest appeals like this are enhanced in chance by representation.. by self or someone else.

1. You could claim JSA probably (although from what you say it sounds like you'd be making false declarations and signing up to commitments you'll struggle to keep) and due to low income (which I presume you have or none) get HB and CTB.

2. I believe so yes. The 6 months waiting period can be waived where new, or notably altered, medical circumstances apply. But as per many by the time appeal is heard that 6 months is up anyway from the time of the DWP decision. You'd need sicknotes from doctor to qualify until you are again assessed for the main phase of ESA.

So my advice is try to apply for ESA again if you have your doctor's support in terms of being prepared to supply the medical certificates for next 3 months or so. I would use those 3 months or so to identify the descriptors for main phase ESA that you think apply to you and therefore how you should qualify (pass the WCA)... and try to seek evidential support or prepare the likes of your doctor for creating such at later date.

Thanks Muttley.
I have no problems with my GP giving me sick notes, I see her again this Thursday and will chat to her about this.
How would I go about re-applying for ESA and how long does it take for their decision? How does that process work...will I have an interview, what would be the grounds for not being able to receive it again?
Thank you for your help.

Muttleythefrog

joseph5691 wrote: »

Thanks Muttley.
I have no problems with my GP giving me sick notes, I see her again this Thursday and will chat to her about this.
How would I go about re-applying for ESA and how long does it take for their decision? How does that process work...will I have an interview, what would be the grounds for not being able to receive it again?
Thank you for your help.

To make a new claim
http://www.direct.gov.uk/en/moneytaxandbenefits/benefitstaxcreditsandothersupport/illorinjured/dg_172014

Decision should be fairly swift... as your qualification for the benefit will be your basic circumstances and sicknotes until you are properly assessed.

You'd then have the 3 month assessment phase where you should expect to be assessed (work capability assessment which you previous failed) around the end of that period... subject to potential delays. You'll need to supply sicknotes until you are assessed and pass the WCA. You'll pass the WCA if you are found to meet the criteria for one of the two main phase groups.. WRAG or Support Gp... plenty advice on all that around these threads alone on this board. The WCA may include a fact to face ATOS medical and if so then this will largely determine entitlement as it will probably be heavily relied upon by the DWP.

joseph5691

Muttleythefrog wrote: »

To make a new claim
Decision should be fairly swift... as your qualification for the benefit will be your basic circumstances and sicknotes until you are properly assessed.

You'd then have the 3 month assessment phase where you should expect to be assessed (work capability assessment which you previous failed) around the end of that period... subject to potential delays. You'll need to supply sicknotes until you are assessed and pass the WCA. You'll pass the WCA if you are found to meet the criteria for one of the two main phase groups.. WRAG or Support Gp... plenty advice on all that around these threads alone on this board. The WCA may include a fact to face ATOS medical and if so then this will largely determine entitlement as it will probably be heavily relied upon by the DWP.

Thanks Muttley, sounds pretty complicated.
So if I were to call and re-apply, will they take me through the whole process and let me know what happens next...i.e. when a decision will be made and when I would get paid...etc?
I feel very nervous to re-apply.

Muttleythefrog

joseph5691 wrote: »

Thanks Muttley, sounds pretty complicated.
So if I were to call and re-apply, will they take me through the whole process and let me know what happens next...i.e. when a decision will be made and when I would get paid...etc?
I feel very nervous to re-apply.

They should hopefully be able to assist regarding payments etc and tell you where and when to send sicknote. I would tell them that you recently lost appeal For ESA but your doctor will continue to declare you unfit for work. You're just going to have to go for it.. keep dates at hand and details of bank accounts and the like... perhaps GP.

joseph5691

Muttleythefrog wrote: »

They should hopefully be able to assist regarding payments etc and tell you where and when to send sicknote. I would tell them that you recently lost appeal For ESA but your doctor will continue to declare you unfit for work. You're just going to have to go for it.. keep dates at hand and details of bank accounts and the like... perhaps GP.

Thank you so much, Muttley.