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ESA Appeal Declined - What next?

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  • bigshorty40
    bigshorty40 Posts: 59 Forumite
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    That is correct, in fact I posted the Med3 form off, and on the same day I received the appeal decision (our postman comes to ours really late).

    Thanks for all your help, I really do appreciate it.
  • Alice_Holt
    Alice_Holt Posts: 5,991 Forumite
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    edited 27 May 2016 at 11:20PM
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    In theory, it may be possible to get the first tier tribunal decision set aside.
    This can be done if the tribunal made a legal error.
    The first step in this process is to request a "statement of reasons" from the Tribunal Service.
    (It may be worth doing this for other reasons I'll come onto later).
    If you can find an error in law or a breach of natural justice in the tribunal's statement of reasons (and these could have resulted in a different decision), it is possible to ask for the decision to be set aside and your appeal re-heard.

    However, since your condition has now significantly worsened the easiest course of action is to reapply. I would suggest in addition to including a copy of the GP letter, you enlist the help of the CAB to complete the ESa 50 form.

    It is very likely that the DWP may dispute the fact that your condition has worsened. If this is the case then you will need to appeal this decision (again). Your local CAB can guide you through this process.
    You will have a much greater likelihood of success if you attend the hearing in person and explain to the panel how your current condition affects your day-to-day life and the ESa activities.

    It may help to have the statement of reasons which you (with help from the CAB) can then contrast with your condition and abilities now. This, together with medical evidence, could help buld your case that your condtion has "significantly worsened".

    Some info here:
    http://www.cpag.org.uk/content/esa-and-significant-worsening
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
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    Thank you for all the information, I do appreciate it. I think I will reapply for income related ESA on the grounds of my condition significantly worsening.

    I do have a couple more queries I would like some advice about if thats ok. I'm presuming that since my original ESA appeal has been declined, that my ESA payments will now stop, is this correct?

    Also, as there will be some length of time before I get to the CAB to start a new ESA claim, what benefits or help should I claim for, if in fact my original ESA payments should stop? It won't be long before my family and I are going to be struggling financially, and won't be able to cope too long without some financial help coming in.

    Finally, will assessment rate ESA payments be paid again once the new claim has been submitted?

    Sorry for all the questions, this is all new to me, and I am feeling quite lost as to what to do. Any views, advice or help on this would be very welcome.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
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    edited 29 May 2016 at 10:44AM
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    I sincerely believe that applying for any kind of disability related benefit goes a lot easier if help is sought to fill in the forms. I've tried doing them on my own and with help, and had a very quick and positive result both times I had help. When I didn't, it went to appeal, 9 months later.

    Please consider putting the CAB visit higher up the priority list. It may well be essential. I found that people like this have a better idea how to phrase what you want to say and describe so it ticks boxes rather than be ignored.

    They can also advise as to whether its worth taking the ESA refusal on, or if you are better making a fresh claim. Obviously if there are grounds for persisting with the previous claim, and did so successfully, you'd get a large back payment.
  • pmlindyloo
    pmlindyloo Posts: 13,053 Forumite
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    Thank you for all the information, I do appreciate it. I think I will reapply for income related ESA on the grounds of my condition significantly worsening.

    I do have a couple more queries I would like some advice about if thats ok. I'm presuming that since my original ESA appeal has been declined, that my ESA payments will now stop, is this correct?

    Also, as there will be some length of time before I get to the CAB to start a new ESA claim, what benefits or help should I claim for, if in fact my original ESA payments should stop? It won't be long before my family and I are going to be struggling financially, and won't be able to cope too long without some financial help coming in.

    Finally, will assessment rate ESA payments be paid again once the new claim has been submitted?

    Sorry for all the questions, this is all new to me, and I am feeling quite lost as to what to do. Any views, advice or help on this would be very welcome.

    You do not need CAB to put in a new claim.

    Just telephone them and start your claim in the usual way.

    At the same time ask them what evidence they need you to send them about applying on the basis of a 'worsening condition'. (A fit note as previously described should be good enough)

    They will then make a decision about whether you can make a new claim.

    If it is not straightforward/you get refused and/or you then need help with completing the ESA50 you can make an appointment with CAB.

    Your ESA is paid in arrears (2 weeks I think) so you should be OK for a while.

    Also, if you are claiming HB and CT reduction you must contact the council asap and tell them what is happening as they may close your claim because your ESA has ended. What ever happens you can claim HB and CT reduction (if relevant) based on a low income so should be no problem.
  • Lily-Rose_3
    Lily-Rose_3 Posts: 2,732 Forumite
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    pmlindyloo wrote: »
    You do not need CAB to put in a new claim.

    Just telephone them and start your claim in the usual way.

    At the same time ask them what evidence they need you to send them about applying on the basis of a 'worsening condition'. (A fit note as previously described should be good enough)

    They will then make a decision about whether you can make a new claim.

    If it is not straightforward/you get refused and/or you then need help with completing the ESA50 you can make an appointment with CAB.

    Your ESA is paid in arrears (2 weeks I think) so you should be OK for a while.

    Also, if you are claiming HB and CT reduction you must contact the council asap and tell them what is happening as they may close your claim because your ESA has ended. What ever happens you can claim HB and CT reduction (if relevant) based on a low income so should be no problem.

    Disagree with this.

    Agree with Deannatrois.

    The OP going to the CAB for help to ensure that she answers the questions correctly is good advice, as they will know about all the descriptors, and the correct way to phrase things.

    What's the point in submitting the form herself with no help, and then going to the CAB if she gets refused again? She will already have filled in the form, and had it processed. She can't then go to the CAB and get them to help her say different things when the form's already gone in.

    OP, I sincerely hope your next claim is successful. It's ridiculous how people have to jump through hoops like this, and stress themselves out, when they're genuinely ill; and others who are no more ill, (maybe even less ill,) sail through the assessment. It also stinks that your result often depends on what assessor you get, and that the primary objection of many of the assessors is to make sure people don't get ESA!

    Good luck!
    Proud to have lost over 3 stone (45 pounds,) in the past year! :j Now a size 14!


    You're not singing anymore........ You're not singing any-more! :D
  • pmlindyloo
    pmlindyloo Posts: 13,053 Forumite
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    Lily-Rose wrote: »
    Disagree with this.

    Agree with Deannatrois.

    The OP going to the CAB for help to ensure that she answers the questions correctly is good advice, as they will know about all the descriptors, and the correct way to phrase things.

    What's the point in submitting the form herself with no help, and then going to the CAB if she gets refused again? She will already have filled in the form, and had it processed. She can't then go to the CAB and get them to help her say different things when the form's already gone in.

    OP, I sincerely hope your next claim is successful. It's ridiculous how people have to jump through hoops like this, and stress themselves out, when they're genuinely ill; and others who are no more ill, (maybe even less ill,) sail through the assessment. It also stinks that your result often depends on what assessor you get, and that the primary objection of many of the assessors is to make sure people don't get ESA!

    Good luck!

    Sorry, didn't explain very well.

    The OP can make an application by phone in the first instance. This will not require anything other than giving basic information.

    See here:

    https://www.gov.uk/employment-support-allowance/how-to-claim

    Because the OP has had his ESA ended then the sooner he starts the process the better.

    I absolutely agree that the OP should seek help with the completing of forms etc but for the initial application he shouldn't need their help.
  • Lily-Rose_3
    Lily-Rose_3 Posts: 2,732 Forumite
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    Oh I see. Sorry pmlindyloo! :D

    Now you've explained what you meant, that makes sense. :)

    I didn't know you could make the ESAapplication by phone.

    You learn something new every day. :D
    Proud to have lost over 3 stone (45 pounds,) in the past year! :j Now a size 14!


    You're not singing anymore........ You're not singing any-more! :D
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