ESA Tribunal Tomorrow

mejjo203

Hello everyone,
Well, tomorrow is the day of my ESA tribunal, the last few nights have been quite sleepless with worry and stress, I'm coming here to write this post to try and get some last minute advice and help in regards to it, I will also keep this post updated on how it goes for everyone else to read that might be having one soon.

I have a few questions about what to take with me, As far as my medication shall i just take the box of my medication there with me? I never managed to get a letter of support from my doctor as the receptionists told me there would be a charge and i simply couldn't afford it. I've also got hospital letters of when i originally had my operation in May 2013, along with a photo copy of the letter my doctor gave me in September when he sent me for an x ray. During this process i contacted my MP and she has sent me a letter saying she is going to be contacting the DWP, Is it worth taking this letter along to the tribunal too?

Other than that, i don't really have anything else to take, My wife is going to be going with me. I'm also wondering what do i wear? is it wise to put the effort in and wear something smart?
I'm so scared about going, i don't do well around people but this isn't a condition they going to be concerned about as this all started after i made my original claim for ESA, so they are going to base it on the pain i'm in i'd imagine.

I hope someone might be able to help a little bit
And i will keep this post updated after the Tribunal tomorrow.

Thank you.

rogerblack

Wear what you would normally wear to go out.
Do not take extra medication, or ...
Your condition now is not relevant.
Only your condition at the time of the original decisikon to deny you benefit.
You should ideally have sent the above evidence in to the tribunal 7 days in advance - so they have proper time to consider it.
However, you can hand it in at the day, you will be asked by the clerk as you arrive if you've got any extra evidence.

mejjo203

rogerblack wrote: »

Wear what you would normally wear to go out.
Do not take extra medication, or ...
Your condition now is not relevant.
Only your condition at the time of the original decisikon to deny you benefit.
You should ideally have sent the above evidence in to the tribunal 7 days in advance - so they have proper time to consider it.
However, you can hand it in at the day, you will be asked by the clerk as you arrive if you've got any extra evidence.

The medication i'm on now is different to the medication i was on when i had the ATOS medical, My doctor changed it, Is this medication i'm on now not taken into account because it was changed?

rogerblack

The medication you are now on is only relevant as much as it shows your condition at the original time of decision.

If, for example, you were put on antidepressant X, which diddn't work for you, and are now on antidepressant Y - for the same condition - that would be relevant.
If you were on antidepressant X, which you stopped as it diddn't work, and are now on a course of vaccine for Ebola - that is not relevant.

help4help2013

how did your tribunal go?

mejjo203

Hello everyone,

As promised here is my experience at my ESA Tribunal this morning ( November 6th )

It was for 10:30 am and me and my wife arrived around 10:15, We were shown to the waiting room and the clerk came in and went through some details and asked for any extra evidence, She mentioned the judge is new and that they are running late today and a decision will more than likely be posted out to me 1st class.

Around 15 minutes waiting, the clerk returned and said the tribunal is ready for you now, me and my wife went into the room and sat at the other other of the table looking straight at the judge and doctor. He introduced himself and was very friendly, The doctor did most of the questions, they went through my ESA50 and asked about my condition and how it affects me daily, I answered everything as clearly and honest as possible.

The doctor wasn't really nice or mean, she just seemed to be there with the attitude that i'm doing my job and was very blunt, I had prepared myself for this so i wasn't too surprised. The judge wrote almost a whole page full while i was answering the doctors questions ( i don't know if thats a good sign or bad sign ) He then looked at the clock and mentioned to me that as we are running quite late unfortunately i'm going to have to post the decision to you, ( i expected this as the clerk had already mentioned it )

Before the Tribunal ended, the very end of it was quite interesting, The judge looked down at the papers in front of him, looked at the clock a couple of times, and then looked at me, He looked back down at his paperwork and took a LONG pause, it was making me nervous as i was thinking he changed his mind and was going to give me the decision there and then, He looked back up at me and said sorry i've just got one more question to ask you,

He asked me would you be ok to go to a job center and do things like C.V creating or sitting there and talking to someone, I answered his question and he thanked me and my wife and we left. It was just strange that he took a very long silent pause and asked me that, i don't know what the meaning behind the question could be or if it had any effect on his decision.

Anyway, i will have to wait for the decision to arrive tomorrow, I'm not hoping for it to be awarded, i don't feel like i have won.

I will post again once i get the decision.

Thank you all.

rogerblack

The last wquestion may or may not relate to 'work related activity'.
This may apply if you were found eligible for ESA, in the 'work related' group.

mejjo203

Hi everyone,

Today the decision letter arrived from my Tribunal and I HAVE WON! I'm so relieved this nightmare is over with for the moment, I was awarded 0 points after the ATOS medical and the Tribunal awarded me 27 points. I have been awarded ESA with the support group from the tribunal.

I have a few questions now this has happened, Do i need to contact the DWP and tell them i won my appeal?

Also, with the back payment i'm wondering how that is calculated, is it calculated from when i first claimed ESA which was April 2013, Or is the backpay only backdated from when the decided i wasn't entitled to ESA, I think i'm a little confused as someone suggested you get it backdated from after the 13th week of the claim, Well that would be a LOT of backpay as this goes back to Summer 2013.

Its a huge relief to have this done and dusted for now, The tribunal suggests the DWP to not reassess me for 18 months, however i've heard people winning and being reassed weeks after.

I hope someone here might be able to point me in the direction of what to do next, Thank you so much for all the support and help.

sammyjammy

Well done, I am sure its such a relief, it will be backdated from the beginning of the 14th week of your claim. Can't hurt to let DWP know but they will be notified seperately anyway.

helloey

hello,

well done!.

you get backpay form week 13 onwards of your claim, so basically you should recieve £30 per week or so multiplied by as many weeks as it has been not including the first 3 months.

so maybe £1,800 +

(like if you applied on april 30th your backdated pay will start from july 7th etc so i can only guesstimate).

it will take a few weeks to go through the system, i think it maybe took 6 weeks for my backdated money to come through and then you get £100 ish per week from then on (so don't be suprised if you still get £70 p/w for a while yet!).

i think they stopped requesting sicknotes as soon as they ruled in my favour, although if you do get one just give them a ring, or write back that you won your tribunal on date instead of enclosing a sick note.

regards,

JaneDoeJohnDoe

helloey wrote: »

hello,

well done!.

you get backpay form week 13 onwards of your claim, so basically you should recieve £30 per week or so multiplied by as many weeks as it has been not including the first 3 months.

so maybe £1,800 +

(like if you applied on april 30th your backdated pay will start from july 7th etc so i can only guesstimate).

it will take a few weeks to go through the system, i think it maybe took 6 weeks for my backdated money to come through and then you get £100 ish per week from then on (so don't be suprised if you still get £70 p/w for a while yet!).

i think they stopped requesting sicknotes as soon as they ruled in my favour, although if you do get one just give them a ring, or write back that you won your tribunal on date instead of enclosing a sick note.

regards,

If you were on IB or IS with disability & failed the ATOSSers medical to get ESA & were only on assessment/appeal rate til you won, then people please correct me if I'm wrong but surely you should be getting ESA at Support group rate from Day 1, not wk 14 as you challenged the decision of the DM when IB/IS ended & you were not transferred across to ESA. But panel verdict replaces DM verdict, so top whack from the start.