ESA form to tribunal

tazwhoever
tazwhoever Posts: 1,326 Forumite
Name Dropper First Anniversary First Post
in Benefits & tax credits
What happens when you send the SSCS1 form to the tribunal?

What are all the outcomes from the tribunal?

Thanks
«1

Comments

  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
    First Anniversary Name Dropper First Post
    The SSCS1 form lodges the appeal with the tribunal service.
    It also forms part of the evidence bundle.

    It is the start of the appeal process. This might explain the process :
    https://www.advicenow.org.uk/guides/how-win-pip-appeal
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    tazwhoever wrote: »
    What are all the outcomes from the tribunal?

    The tribunal has a completely independent look at your claim based on the available evidence and makes a decision instead of the DWP so the range of outcomes is the same as the range of potential outcomes when the original claim was made. The only additional outcome is if the tribunal decide to adjourn to consider the decision at a later date for some reason.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
    Name Dropper First Anniversary First Post
    Thank you all, when I am given the hearing date, can I continue to send more evidence just before the actual date? Or is the decision made when I completing and sent the ESA50 form to DWP?

    I attend few hospitals for my conditions and receive clinical letters, that's why I am asking.

    Can the tribunal reject your claim and stop it? I have plenty of medical evidence but still being scared. I am trying to move from WRAG to SG.

    Many thanks
  • poppy12345
    poppy12345 Posts: 17,931 Forumite
    First Anniversary First Post Name Dropper
    Yes you can send extra evidence to HMCTS anytime before the Tribunal hearing date but i'd recommend you make sure it arrives no later than 10 days before the hearing date. This way you'll know for sure it will be used as evidence.


    Also remember that they will only be able to take into consideration what you were like on the date of the decision. The Tribunal won't reject your request and i'm not sure why you think they would.



    I totally understand why you're worried but try to relax (easier said than done i know) but your current WRAG award is NOT at any risk. As stated previously if HMCTS have any reasons to find you fit for work then they would warn you in advance by either contacting you before the hearing or at the hearing itself. If it's at the hearing then the Tribunal will adjourn to give you time to decide what you want to do.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Poppy, excellent reply. Makes me realise that the statement in my post that "the range of outcomes is the same as the range of potential outcomes when the original claim was made" was misleading. Glad you've clarified.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
    Name Dropper First Anniversary First Post
    Thank you for the replies Poppy and calcotti, I really appreciate it. Time to relax as requested by Poppy!

    Many thanks
  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
    First Anniversary Name Dropper First Post
    Because your appeal is about whether you should have been placed in the SG rather than the WRAG, it helps if the submission and evidence you send relate to the SG descriptors:
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
    and regulation 35 (risk to health if required to attend WFI):
    https://wcainfo.net/issues/substantial-risk-lcwra
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
    Name Dropper First Anniversary First Post
    Form is gone to tribunal and having few conditions but I am very scared of tribunal. I've got medical evidence, sick but they might take away my current group WRAG. Personal questions to panel and my rep. Being unaware and confused because of my meds.

    Can my rep speak on my behalf?
    If I decide to cancel the tribunal because of my fears, what happens?
    To current benefit?

    I know Poppy said relax but it's so scary and damaging to my health.

    Thanks
  • poppy12345
    poppy12345 Posts: 17,931 Forumite
    First Anniversary First Post Name Dropper
    Your rep will not be able to speak on your behalf. The Tribunal will want you to tell them in your own words how your conditions affect you.



    When you say "rep" is this a family member or friend or someone from welfare rights or another advice centre?



    As i previously advised there's no risk at all to your current award. If you decide not to go through with it then you contact HMCTS and cancel, your ESA WRAG will continue as it is now.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Most tribunals will try and put you at your ease. Your representative will usually be allowed to speak but the tribunal primarily want to hear from you about how your health affects you.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards