ESA Tribunal LOST [HELP]

Neilandrewhall

Hi,

I went to the tribunal on Monday for ESA, got the letter today to let me know that i failed my tribunal.

What do i do once my ESA stop's ive already been told that i can't claim JSA due to the amount of seizures i have in a day to day environment,

Just spoke to ESA in Glasgow who told me the benefit will be stopped by the end of the week.

Hope someone can help.

Neil

miduck

As the DWP has deemed you fit for work you can claim JSA. If anyone says otherwise, refer them to your ESA decision.

Did you have representation at your appeal? Did you present medical evidence as to the frequency of your seizures?

There is a possibility of a second appeal, but this would only be possible on a point of law. You may also be able to start a fresh claim for ESA, when did you receive the original WCA decision?

rogerblack

In addition, write to the tribunal, for a written statement of reasons, and the record of procedure.
This will explain the decision in more detail, and is required before considering if an appeal is possible.
If it's been >6 months since you were originally turned down for ESA, you can reclaim.

miduck

According to your previous posts you are still working - are you now fit for work?

Neilandrewhall

Ill address the points raised:
A) What is a WCA decision?
I do work, but i work from home [but do not get enough money to survive on]
C] my representation didn't turn up
D] The Appeal was started in November 2011

miduck

Neilandrewhall wrote: »

Ill address the points raised:
A) What is a WCA decision?
I do work, but i work from home [but do not get enough money to survive on]
C] my representation didn't turn up
D] The Appeal was started in November 2011

If you are working from home have you declared this as Permitted Work? How many hours are you working?

The WCA decision is the decision you received after your assessment.

Neilandrewhall

im working 4 hours a week?

miduck

Neilandrewhall wrote: »

im working 4 hours a week?

Are you declaring this to the DWP as Permitted Work?

Neilandrewhall

Yes i am, they know about it x

STOCKWIRE

Neilandrewhall wrote: »

Ill address the points raised:
A) What is a WCA decision?
I do work, but i work from home [but do not get enough money to survive on]
C] my representation didn't turn up
D] The Appeal was started in November 2011

Perhaps if you spent less money on holidays and more time working you could survive. I find it hard to believe you only work 4 hours per week being an ATOL registered travel agent. When you broke your toe were you not claiming for loss of earnings ?.:rotfl:

benefitbaby

Neilandrewhall wrote: »

Ill address the points raised:
A) What is a WCA decision?
I do work, but i work from home [but do not get enough money to survive on]
C] my representation didn't turn up
D] The Appeal was started in November 2011

My two pence worth...

A) WCA = work capability assessment, this is what you failed and what you were appealing.
If you only work 4 hours as stated then JSA or ESA (see below) can be claimed to top-up earnings
C) Sorry to hear this.
D) You can re-claim ESA immediately HOWEVER you will not be paid until 6 months have passed from the date of decision you were appealing against (not the date you lodged your appeal).

As stated above by rogerblack... you should write to the tribunal service and request a 'written statement of reasons' and also a copy of the 'record of proceedings'.

You have one month from the date you receive these to appeal to the upper tribunal if the first-tier tribunal erred in law - you will need help from an advice agency to identify this.