I got kicked off esa in march after downplaying my condition to the medical assessment nurse believing social services would get involved I now know it's not possible now I am on job seekers knowing I cannot work I have a tribunal coming up and I'm so nervous as I suffer with depression and anxiety, suicidal tendencies and self harming could someone please tell me what I have to expect so I can go in forearmed. Thanks
I am also waiting for a date for my tribunal. I was told last October that I was fit for work so I had a mandatory reconsideration & the decision stayed the same. There was a tribunal hearing in March but the board were unable to come to a decision as to whether I was fit for work. I have been to a tribunal in the past & found that the board are understanding & fair. Tell them the truth & you should be ok. Take someone with you. I am thinking that by the time the second tribunal date is made I will of been waiting for a decision for almost a year.
Thanks for replying. Wow that's terrible they can do that. I feel sometimes people are treated so unfairly and the ones who are really suffering get the worst deal. Good luck though I hope it turns out good for you.
Thank you & I hope all goes well for you.
I went 2 a tribunal at end of June and was bricking it but was knowwere as bad as I thot and got my decision overturned so back on esa thank god im exact same as u everything gd luck x
I'm glad they did that for you I'm starting to feel a bit better now guys thanks very much it's so daunting being made to sign on knowing I wouldn't be able to work but being penalised for not turning up for interviews because of anxiety it's ridiculous.
In the tribunal there is a judge doctor and some1 taking notes and I took some1 from welfare rights with me try and get some1 like that with u and gd luck x
Hi,
Have you sent of the papers to the Tribunal? Or are you at Mandatory Reconsideration stage still? If you've sent off the papers to Tribunal and they've accepted them you can then go back onto assessment rate of ESA, you'll have to continue to send in the sick/fit notes but you won't have to worry about the sanctions for JSA then. Need anymore advice regarding this then please do just ask.
Yeah but be sent the tribunal form off with some hospital letters from the crisis team I'm just waiting for a reply now then I have to go to the cab to see if I can get a rep as they are in short supply. Thanks very much Denise x
Ok well as soon as the Tribunal have accepted your Appeal you can then go back onto assessment rate ESA. Good luck x
Got my appeal accepted just waiting for date now fingers crossed. One question though can they make a decision before even going to a tribunal, like setting outside of court x
Yes it can happen but not very often. You can go back onto assessment rate for ESA now, you'll have to start sending fit notes again too. You maybe in for quite a wait for this Tribunal, just to warn you. Good luck and please do come back and let us know that outcome. x
First things first a MASSIVE thank you to you guys who gave me advice about my appeal especially Denise xx I had my appeal today and won, from having zero points I was awarded 24 points a big leap , and now I don’t have to worry I can concentrate on getting better ! Honestly the money is the last thing on my mind it’s the fact that people like myself can go through this kind of crap and come out the other side x again thank you all
That's great news lynzie, so you were placed in the WRAG is that right? Always happy to help xx
I’m not sure coz I had my last work program appointment last Monday and she put down not fit for work on her report so I’m a little in the dark at the minute I don’t really understand how the system works I guess I should ring them x
As you said you scored 24 points then this must be the WRAG because the Support Group isn't about scoring points. Yes i would advice you to ring them and ask which group you've been put into. x
Rang dwp this morning and got told to call back next week to see if I have a notification on my file , fingers crossed . I just hope the dwp don’t put a spanner in the works by appealing against the tribunal decision .
For them to be able to appeal to the Upper Tier Tribunal (UTT) they must first ask for the Statement of Reasons (SOR) Once they recieve that they must then find an error of law in making that said decision. This is extremely hard to do and DWP almost never bother. They also have 1 month from the date of the decision to appeal to the UTT they may go as far as ask for the SOR, which will delay your payments but other than that i'm fairly certain you'll be just fine. Payments and letters etc may take up to 6 weeks but hopefully for you it will be before Xmas at least.
Thanks very much Denise feel a bit better now lol x
You're welcome lynzie,
Just out of curiosity when did you first apply for ESA? Or have you been in a group before?