ESA Tribunal date received

mejjo203

Hi all,

After waiting a few months i today got a letter stating my ESA Tribunal will be heard on 6/11/2014.. It falls 2 days from my birthday actually.

I'm very nervous and worried, There are certain things in my health that have changed since this original ESA claim and from my understanding the tribunal won't consider that at all.

My original claim for ESA was due to having an Inguinal Hernia, I had the hernia for many years and avoided doing anything as i've always been scared and worried with hospitals and surgery, However thanks to a very loving and caring wife i managed to go through the surgery in May 2013 and ever since then i kinda regret having it done, Although the size of the hernia meant i really couldn't avoid having it done so i had to take the risks that came with the operation.

Since the hernia there have been constant pains on my left side, When either standing or sitting, it eases with medication and laying flat ( not completely ) This started causing me pain in my legs and back, not sure if its because when i would walk i would start walking at an angle.

I'm on medication for nerve damage, but this medication is different to what i was on when i had the ATOS medical so i don't know if that's taken into account or not, I also suffer with depression and panic attacks to which i didn't when originally claiming ESA, I did mention these at my ATOS medical though back in Feb 2014.

I'm not sure what the tribunal will take into account, how my daily life is now? Or how it was when making the claim for ESA. I think i'm just very worried about the whole thing and being told sorry we are siding with the DWP, And then i have no idea what i will do, I really don't.

I'm hoping someone here might be able to share an experience they have had with a ESA Tribunal recently and how it went.

Thank you for taking the time to read my post.

TELLIT01

The purpose of the tribunal is to reconsider the decision made on your original claim and therefore any changes since that time are, strictly speaking, not relevant to their considerations. That doesn't stop you trying to put forward that information :-)
If there has been a marked deterioration in your condition that can be considered separately by DWP.

Mardle

It's not the original claim - it's how you were when you failed the medical. They aren't interested in how you are now. You are appealing against the decision made following your medical in February so it's how you were then that counts.

mejjo203

Thank you for your replies.

I'm wondering what will happen if i either win / lose my tribunal appeal?

If i win and they place me in the support group then that's fantastic as that's what i feel i meet best, But what happens if the tribunal decide to tell teh DWP to put me in the work related group and i don't feel that's best? Do i have to just go with it as that's what they have decided?

Also, If i completely lose the appeal i'm then worried as i'll just be without any money at all as i honestly cannot claim and meet the requirements for JSA.

Indie_Kid

If you do lose the tribunal and it's been either 6 months or a change in condition, you can claim ESA again.

There is the upper tribunal. (which I know very little about) But you can apply to them if there's been an error in law, rather than "I don't want to be in the work related group".

mejjo203

Indie_Kid wrote: »

If you do lose the tribunal and it's been either 6 months or a change in condition, you can claim ESA again.

There is the upper tribunal. (which I know very little about) But you can apply to them if there's been an error in law, rather than "I don't want to be in the work related group".

Thank you, i did read somewhere else about appealing higher but i think someone said its very hard to do as usually there isn't an error in law when it comes to these ESA Tribunals. If they do decide to place me in the work related group i think i'll just get on with it, I'm tired of all this fighting now.