E s a tribunal

minimo_3

Hi can anyone help me. i was getting full rate esa last year after my first medical.I went for my second medical in april this year, my health hadnt changed, i have osteoarthritise in both knees,and i am on heart tablets. they refused my claim i appelled and i have got my tribunal on monday 24th june. has anyone been to a trybunal and can explain what its like.
any help would be appresiated thanks.

nannytone_2

ive never been to a tribunal so cant help regarding that.

your health may not have improved, but the descriptors changed during that time.

you need to look at those descriptors to see exactly where you think you should be scoring points, and concentrate on that

help4help2013

i have been to 2 tribunals with my sister to support he i know the sound of it can be very daunting but its not that bad really. you go into a room with a judge ( usually wear shirt and tie if male or a blouse if female) and you also have a doctor who sits next to the judge .he/she is there to advise/explain to the judge about medical conditions ect ect .. sometimes there will be a representative from the DWP there but in my experience ive never seen one but they can be there as i have heard of it

before you walk in the judge and the doctor will already know what conditions you have and will have read the ATOS medical report before hand and also your appeal papers so they will already know a great deal about you and your conditions before you walk in but also remember they are there to speak and about you condition at the time of your medical l if your health has got worse since then they will not discuss this or take in into account its only about how you was when you had your initial medical.

they will introduce themselves and then they will start to discuss your appeal once they have explained why they are there then they will ask you some questions based on your appeal and why you think you should have scored enough points to eligible for the benefit.

they will also ask you how your conditions effect you on a daily basis ( dont be afraid to go into detail about this and take as along you need to explain the facts of your condition and how this effects you) and why you disagree with what the health care professional has written in there report. example if they scored you 0 points for one thing and you feel you should have scored more points then explain this to them and give them valid reason as to why you feel you should have been give this amount of points due to how your condition effects you

also be yourself you do not have to get dressed up for it or make any exceptions that you would not normally do on any given day just because it a tribunal just go as you are and how you would be on a normal average day.

if you feel anxious or upset when explaining things to them dont worry they will understand if that's how you are. you meet any of the support group descriptors due to your conditions then explain that to them and give them an honest valid answers as to why you feel this.

they are completely impartial from the DWP and ATOS and are only there to see the facts and to make there decision based on this. if you can bring someone with you for morel support or someone who knows you and how your condition effect you and if you find it a little difficult let them exclaim things for you if needed.

good luck with it and let us know how ou get on they sometimes give you the decision there and then and sometimes they send it out in the post to you but this is normal and is nothing to worry about my sister got her decision on the day on her first tribunal and the second one though the post.

minimo_3

thank you for your reply it has helped me. i will let you know how i got on monday night.

help4help2013

just checking in to see how you got on today ?

minimo_3

Hi nitelite2010
i won my appeal im entitled to esa with the wra component i dont know what that means, and he has said not to reassess me within 24 months. i am so releived.

help4help2013

minimo wrote: »

Hi nitelite2010
i won my appeal im entitled to esa with the wra component i dont know what that means, and he has said not to reassess me within 24 months. i am so releived.

congrats on wining your tribunal im pleased it went well for you.

do you mean the WRAG group?

ESA work-related activity group is for claimants who the DWP consider will be capable of work at some time in the future and who are capable of taking steps towards moving into work (work-related activities).

this means every now and then you will have to go the to jobcentre for a work-related activity group( they talk to you see if you are looking or want to try and find work) make sure you do go to theese though s if you refuse to they can sanction your ESA.

also the 24 months that the tribunal have stated is not set in stone its only a recommendation they they give to the DWP they rarely take this on board so i would not take this as you will be reassessed again in 24 months just so you know.

are you on contribution-based ESA? or income based ESA? if you are there is a time limit for contribution-based ESA? you can only claim it for 365 days then you have to reclaim it again

minimo_3

Yes im on contrabution based it stops on the 12th july,do you know what will happen then and will i get any back pay after being on assesment rate for nearly 12 months.? yes its the WRAG.

only_mee

Well done, how long did you wait for the tribunal please?

help4help2013

you should get a letter stating that your CB ESA will run out soon due to he 365 day rule you can the reapply for ESA you can do this over the phone if you want too. would you not qualify for income based ESA?

the appeal assessment rate is £71.70per week if you are placed in the WRAG then you get Up to £100.15 per week.

you should be owed some back pay but you need to contact them to ask then really but it can take months for them to pay you what they owe i know some people have waited 24 weeks for there back pay before now my sister waited 12 weeks can call them up and ask them when it will be paid persistence often pays off with the DWP from my own experience


tribunals can take any where from a few months to 18 months my sister waited 14 months for her tribunal date as a lot of people are appealing the DWP decision

Horseunderwater

minimo wrote: »

Yes im on contrabution based it stops on the 12th july,do you know what will happen then and will i get any back pay after being on assesment rate for nearly 12 months.? yes its the WRAG.

You will get your WRAG back pay component - this will be from week 14 onwards to date of tribunal decision and will then continue until 12th July. That is when contributions based ESA stops. However, if this is your only income source and you do not have a partner, then you should be moved on to what is called income related ESA (WRAG). Same rate, so you need to tell them now if you will qualify for income related ESA. Get the process going. ESA3 is the form to get hold of and this can be obtained either from local job centre plus or you can ring and ask them to send one out.