Esa tribunal failed

Jjl251

Hello, I attended my tribunal for esa on the 12th and received my decision on the 14 informing me that I had failed only scoring 6 points.

The 6 points were awarded for "engagement in social contact with someone unfamiliar" due to anxiety which I've suffered with for over 2 decades. I'm also diagnosed with depression, derealization disorder and elhers danlos syndrome which is a musculoskeletal disorder. Also I'm awaiting a referall to adhd and autism specialists.

My tribunal consisted of a doctor and a judge with no DWP representative and lasted between 10 - 15 minutes.

I have already e mailed and asked for a copy of the report which I haven't received yet, but what most concerned me was the lack of questions from the Dr, who's questions where mostly surrounding my social life or lack there of. When asked about the EDS whe said " So what are your symptoms" I explained popping and locking of jaw, my hip, shins and shoulders being able to pop out and my back when flared up stops me from being able to take deep breaths, move and even talk due to the pain.

He never asked how my disabilities effect me on a daily basis just asked about what symptoms where present and to describe a panic attack, presumed I smoked marijuana (because I had taken cocaine around the ages of 15-16) and seemed to be fixated on my social life. "Do you have friends" three, two are my nephews "if your sisters friends where to come over would you engage" no "why" because I physically can't bring myself to converse with people I don't know "Do you use facebook" no "would you have came without a representative" no "did you come in a taxi" yes.

And that was it, the judge asked what do I do when at home, read was my answer because that's all's I have an interest in as it is fantasy and fiction a distraction/escape from real life.

There was no questions about how anything effects me or how I manage day to day life, what really upset me the most was there being no dwp representative, how come the get away without answering questions about how they've lied and made up illnesses (osteoporosis, which I don't have) and take vitamin c?
The dwp also sent a letter to my GP saying the assesed me on the 3rd of March 2018 when they never, telling him to stop giving me sick notes when in fact I was assessed on the 24th of November 2017.

Sorry to go on a lot, but could somebody please help with where I stand and have any advice? Thanks.

Alice_Holt

You can appeal to the Upper Tribunal if you think the tribunal made an error in law.

Examples of errors in law are:
The tribunal failed to follow legislation including case law.
There is no evidence to support its decision.
The tribunal gave an unfavourable decision after a physical examination.
The facts are inconsistent with the decision.
The decision failed to take account of things that were relevant or took account of irrelevant things.
It didn’t give enough evidence.
It didn’t provide adequate reasons for its decisions.
There is a breach of the rules of natural justice.

First you have to apply for the Statement of Reasons.
1. The judge will send this to you within a further month. This will include the reasons for the decision. You will need to examine this document to try to find an error in law.
2. Ask for permission to appeal the First-tier decision, within a calendar month.
3. Check the statement of reasons for any error in law. This is the single reason which enables you to go to the Upper Tribunal.
4. If you get permission, appeal to the Upper Tribunal.
5. If the First-tier Tribunal refuses, apply to the Upper Tribunal for permission to appeal.

https://www.scope.org.uk/Support/Disabled-people/benefits/DWP-benefits-appeals/Upper-Tribunal

You cannot present any new evidence. The UT must solely consider whether the First-tier Tribunal did its job properly.

Read this for more guidance:
https://healthunlocked.com/fibromyalgia-action-uk/posts/130083431/appealing-to-the-upper-tribunal-against-a-first-tier-tribunal-decision.-go-get-em-tiger

Jjl251

Thank you Alice, I'll have to wait and see a copy of the report other than that, mine or my representatives ID was never looked at so we could've been anybody.

Ames

Who was your representative? If they were a benefits adviser what have they said about your next steps?

Jjl251

No it wasn't it was a family friend I've known for sometime, kind of wishing I did seek advice from the CAB but thought I was fine with the evidence I'd presented.

ceegee

Try to get an urgent appointment with Citizens Advice. They are excellent.

Jjl251

I will because I've also got a pip tribunal on the 27th after last year they awarded standard rate and told me to come back with EDS on paper from rheumatology and I have yet it's gone back to tribunal.

Alice_Holt

"mine or my representatives ID was never looked at so we could've been anybody."

That's irrelevant. Don't put that in your statement. You need to concentrate on the reasons for the decision - i.e was some evidence preferred above other evidence without an explanation.


"Try to get an urgent appointment with Citizens Advice. They are excellent."

Appealing to the UT is specialised work - normally undertaken by only a few centres. It's unlikely that they would be able to take this on, especially if they weren't involved in the initial appeal. It's more likely that you will get information on the process from their info system.

Given the great demand on their (volunteer) services, you've left it very, very late to now get help with your PIP appeal from Citizens Advice. The time to have sought advice was when you received the evidence bundle.

I can only suggest you go carefully through the PIP descriptors:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Try to understand them with the help of this:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725533/pip-assessment-guide-part-2-assessment-criteria.pdf

And carefully read this:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Have you send in a submission detailing why PIP should have been awarded?

Good luck.