ESA Tribunal

F1Fan

My daughter has her ESA tribunal next week to appeal against not being put into the support group. She is getting very upset and stressed about it all. Please can anyone help us by explaining all what happens, what we have to be prepared for and any guides that might help us - some of the things she will have to say will be very embarrassing for her and she's even thinking of not going due to this.

Thank you in advance for your help.

Alice_Holt

She has a much better change of a successful outcome if she goes. She can explain things to the panel, and her verbal evidence will be important.
Tribunal panels are used to seeing very stressed appellants, and hearing about embarrassing topics such as incontinence. In my experience they are well versed in putting appellants at ease, if only that they need the appellant to tell them the full extent of their difficulties so that they can get all the relevant info and come to a correct decision.

This guide is very helpful - (the process is virtually the same for ESA as PIP)
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Here is some more info:
https://equallives.org.uk/info-and-advice/welfare-and-benefits/what-happens-at-a-tribunal-hearing/

The best advice I can give is to clear on where the additional points should have been scored:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/start-the-esa-test

Or Regulation 29 / 35 (if they are applicable):
https://healthunlocked.com/fibromyalgia-action-uk/posts/131121195/esa-the-regulations-29-35
https://www.facebook.com/FightBack4Justice/posts/10153219933775565

Take notes / diary / examples with her to the tribunal about the relevant descriptors, she can then use these during the hearing to explain why these apply with day-to-day illustrations. The PIP guide has useful info on this.
If she hasn't already submitted a very brief one page summary of her condition, and the descriptors which apply - she could write this and take it to the hearing to give to the tribunal clerk to pass to the panel (but do note that this should ideally be done in advance of the hearing).

Good luck.

For the SG you are looking at these descriptors:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

And Regulation 35:
https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group
http://www.cpag.org.uk/content/making-exception

F1Fan

Thank you Alice for your reply.

A one page summary has been submitted - this is what
is worrying her, that they will only concentrate on this and not all the other specialists, nurses and GP letters she has sent to the tribunal and what DWP have already seen. I don't know if you read my amended message? She was awarded 15 points at assessment, but she wasn't put into the support group - don't really understand where that leaves us in front of the tribunal.

paragon909

F1Fan wrote: »

Thank you Alice for your reply.

A one page summary has been submitted - this is what
is worrying her, that they will only concentrate on this and not all the other specialists, nurses and GP letters she has sent to the tribunal and what DWP have already seen. I don't know if you read my amended message? She was awarded 15 points at assessment, but she wasn't put into the support group - don't really understand where that leaves us in front of the tribunal.

They will likely refer to DWP descriptors for the support group, There is normally a doctor, judge and a clerk in the room. If they find she does meet the requirements for support group then they will award this. Why didn't you go and act as a representative, No need to be embarrassed the judge and doctor will have read all the reports and letters of support. They don't get ignored.

poppy12345

F1Fan wrote: »

Thank you Alice for your reply.

A one page summary has been submitted - this is what
is worrying her, that they will only concentrate on this and not all the other specialists, nurses and GP letters she has sent to the tribunal and what DWP have already seen. I don't know if you read my amended message? She was awarded 15 points at assessment, but she wasn't put into the support group - don't really understand where that leaves us in front of the tribunal.

Being placed in the Support Group isn't about scoring points. It's about satisfying at least one of the Support Group descriptors or reg 35.
Have a look at this link to know what these are.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

F1Fan

Thank you paragon909 and poppy12345

After reading the Benefits and Work website concerning the Support group descriptors, I'm unsure if she meets the requirements. Do they stick to them or make their opinions after reading all the reports and letters?

F1Fan

She went for a PIP assessment yesterday. Does she have to let the tribunal know before attending, as I don't think she'll get a reply before next Friday.

poppy12345

F1Fan wrote: »

Thank you paragon909 and poppy12345

After reading the Benefits and Work website concerning the Support group descriptors, I'm unsure if she meets the requirements. Do they stick to them or make their opinions after reading all the reports and letters?

She would need to satisfy at least one of those descriptors to be placed into this group yes. There's regulation 35 that allows entry to the support group for people who aren’t covered by the support group descriptors, but where there would be a substantial risk to their health or someone else’s health if they were found to be capable of work-related activities.

See this for reg 35.. https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

Alice_Holt

F1Fan wrote: »

She went for a PIP assessment yesterday. Does she have to let the tribunal know before attending, as I don't think she'll get a reply before next Friday.

No. Entirely different benefit.

Did she get help with the submission?
Did it address the SG descriptors or Reg 35?
On what grounds is she appealing - why does she think she should be placed in the SG?
Does the medical evidence address the SG descriptors or Reg 35?