ESA Appeal Query, help please

bellkat

I failed my WCA in April. I have severe Anxiety and Depression. I am nearly 60 and also have mobility problems.

i did not think I could cope with signing on to JSA, so decided to try self employment selling on eBay, which I have done previously.
I applied for WTC, but this was declined as a ' not viable business.'

I then decided to appeal the WCA decision, and recieved a letter to confirm my Appeal has been accepted.

I have sent in sick notes covering from April, apart from a few weeks when I was applying for WTC. They are asking for a sick note to cover this period, and my doctor is refusing to issue one as they did not see me during this time.

I know if I had claimed JSA during the interim period they would have to accept there would be no sick notes to cover that time, but should that not apply to me applying for WTC.

I'm going to call them later, but every time I speak to them I end up getting upset on the phone.
I've had no payments since April apart from HB

Hope someone can help
Thanks

pmlindyloo

Have you asked for your ESA payment to start again whilst you are appealing? You need to do this.

If you were self employed during the mandatory reconsideration period were you earning any money?

If you did not claim JSA during this time and the doctor is refusing to give you a fit note then you will not receive any backdated ESA for that period as they will deem you fit for work during that time.

bellkat

Thanks for your reply.

Yes I have asked them to reinstate payments. A lady called from the appeals centre and said they would reinstate the payments once sick note was received.

I took a couple of orders during the MR period which I can of course send details of, along with the letter from WTC rejecting my claim.

I appreciate they would not make payment for that period, but should they not pay me for the remainder as they would have done if I'd claimed JSA?

Thanks again

pmlindyloo

They will pay you at the assessment rate for ESA for the period(s) that are covered by a fit note.

Alice_Holt

I have posted some info and links on the ESa appeal process on other threads.
I've copied the relevant bits below FWIW

Appeal to the Tribunal Service (TS).
This is done on a SSCS1 form (http://s3-eu-west-1.amazonaws.com/hmctsformfinder/sscs001-eng.pdf)
A copy of the DWP response to your MR has to be attached. DO opt to attend the hearing, then you can explain fully to the panel.

Once this form is submitted and the DWP have it logged then you can ask the DWP to resume ESa payments. (Be insistent as often ill-informed DWP employees are not aware that this can be requested).

You can then send further evidence diectly to the TS in readiness for your hearing.
This might include further evidence from your GP (very useful if they are supportive, you can see them and show them the ESa descriptors, and their letter relates directly to the appropriate descriptors); evidence from family, carers, friends; your statement outlining to the TS why you should be awarded Esa; your comments on the DWP reasons for not awarding the benefit and the validity of the WCA.
It is best to keep your submissions to the tribunal brief, to the point, and relevant to the ESa activities.
(Think of the panel's reaction to the info you send them).

Some more info here:
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals
http://www.advicenow.org.uk/guides/how-win-pip-appeal

The How To Win a PIP Appeal guide is really helpful on the appeal process (which is virtually the same process as ESa appeals).

For instance these bits are really helpful when you are preparing for the tribunal -

"For most people, the thing that is of most help is written evidence from their GP or other doctor. If you have a social worker, community psychiatric nurse, occupational therapist, or other professional, evidence from them will be very useful too.

The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet). This is unusual, so your doctor/social worker etc may not understand that. So give them a copy of the activities / descriptors.......

......You should think about keeping a diary of the help you need each day. It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your illness or disability isn't the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be brief. Include everything that is connected to the activities’ that entitlement to [ESa] is based on.

If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above).......

.......f you (or someone who is helping you) are good with writing, you should think about writing a statement for the tribunal. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day. They also give the panel time to think about what you’ve said and why you should be getting the benefit before they meet you."

Good Luck

constantworrier

Alice_Holt wrote: »

I have posted some info and links on the ESa appeal process on other threads.
I've copied the relevant bits below FWIW

Appeal to the Tribunal Service (TS).
This is done on a SSCS1 form (http://s3-eu-west-1.amazonaws.com/hmctsformfinder/sscs001-eng.pdf)
A copy of the DWP response to your MR has to be attached. DO opt to attend the hearing, then you can explain fully to the panel.

Once this form is submitted and the DWP have it logged then you can ask the DWP to resume ESa payments. (Be insistent as often ill-informed DWP employees are not aware that this can be requested).

You can then send further evidence diectly to the TS in readiness for your hearing.
This might include further evidence from your GP (very useful if they are supportive, you can see them and show them the ESa descriptors, and their letter relates directly to the appropriate descriptors); evidence from family, carers, friends; your statement outlining to the TS why you should be awarded Esa; your comments on the DWP reasons for not awarding the benefit and the validity of the WCA.
It is best to keep your submissions to the tribunal brief, to the point, and relevant to the ESa activities.
(Think of the panel's reaction to the info you send them).

Some more info here:
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals
http://www.advicenow.org.uk/guides/how-win-pip-appeal

The How To Win a PIP Appeal guide is really helpful on the appeal process (which is virtually the same process as ESa appeals).

For instance these bits are really helpful when you are preparing for the tribunal -

"For most people, the thing that is of most help is written evidence from their GP or other doctor. If you have a social worker, community psychiatric nurse, occupational therapist, or other professional, evidence from them will be very useful too.

The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet). This is unusual, so your doctor/social worker etc may not understand that. So give them a copy of the activities / descriptors.......

......You should think about keeping a diary of the help you need each day. It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your illness or disability isn't the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be brief. Include everything that is connected to the activities’ that entitlement to [ESa] is based on.

If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above).......

.......f you (or someone who is helping you) are good with writing, you should think about writing a statement for the tribunal. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day. They also give the panel time to think about what you’ve said and why you should be getting the benefit before they meet you."

Good Luck

Hi Alice, do you have to send fit notes for this :-
Once this form is submitted and the DWP have it logged then you can ask the DWP to resume ESa payments. (Be insistent as often ill-informed DWP employees are not aware that this can be requested).
Thanks

Alice_Holt

constantworrier wrote: »

Hi Alice, do you have to send fit notes for this :-
Once this form is submitted and the DWP have it logged then you can .....

Yes, you will need to supply fit notes during this period.

(Just as you do during the assessment period).

If the tribunal awards ESa, then the requirement to submit fit notes ends.

BW.

constantworrier

Alice_Holt wrote: »

Yes, you will need to supply fit notes during this period.

(Just as you do during the assessment period).

If the tribunal awards ESa, then the requirement to submit fit notes ends.

BW.

Thanks Alice. I didn't do this as I didn't know I had to and I received a letter from them in July telling me I may need to send fit notes but they would tell me, they never did. My esa stopped on April 20th and they sent this letter 3 months after.
Luckily I have some savings to keep me going until the appeal.
Thanks again Alice x

Bananas123

if they didn't send you letters > then i think that's an admin error < can anybody add/verify please ???

(i dunno about the DWP/law)

---

i used to get the "dreaded brown envelopes" every time they ran out.

"your not fit for work note covering the period [x] is expiring"
"you need to send them to continue to recieve the benefit".

etc etc.

(paraphrasing).

i used to send them in late sometimes, and have to wait on for payment (whioch was fine).

---

BUT > you should have been getting them ????.

you doctor can write them for i think up to (not sure) 2/3 months ? (it was a long time ago now)

you can ask for one covering a long duration, if your doctor is OK with writing it ?

something doesn;t sound right though ??

hopefully someone learned can have a look / think ?

regards