Tribunal help

I have been off work for the last 6 years now they have stopped my esa because of the 52 week rule, I a, going to the tribunal to fight it with my doctors full backing ,he cannot believe they are asking no telling me I have to go back to work I have been sent my atos medical form back and according to her I am unfit to work ,I have no one to help me as you can tell by my writing I am not the best at explaining myself I am so scared ,upset I am on tablet form and oral morph and other top painkillers I don't know what day it is half the time please could you tell me the easiest way I can understand what to do many thanks pat

Pat wrote: I have been off work for the last 6 years now they have stopped my esa because of the 52 week rule, I a, going to the tribunal to fight it with my doctors full backing ,he cannot believe they are asking no telling me I have to go back to work I have been sent my atos medical form back and according to her I am unfit to work ,I have no one to help me as you can tell by my writing I am not the best at explaining myself I am so scared ,upset I am on tablet form and oral morph and other top painkillers I don't know what day it is half the time please could you tell me the easiest way I can understand what to do many thanks pat

Hi P,

On looking at your previous post, some 4 weeks ago :

www.benefitsandwork.co.uk/forum?view=top...=10&id=100100#115010

Can you please clarify the following :

1. Have you submitted an appeal to The DWP yet ?

2. Were you in The WRAG in receipt of Contribution Based (CB) ESA, and your payments of CB ESA ceased after you had exhausted your 365 days entitlement to payment of CB ESA ?

3. Do you intend to appeal/Have you appealed The WRAG award to try and gain access to The Support Group. (SG) ?

Once you answer the above, things will be clearer, and we will be able to advise further.

bro58

Hi P,

From the little information that you have provided, I feel that you may be somewhat confused.

You cannot make an appeal simply because payment of your CB ESA payments have ceased due to you exhausting your 365 days entitlement :

12 Month Limit for ESA(CB)

As it seems that you have been in receipt of a sickness benefit for circa 6 years (ESA/IB/IS or SDA), once your 365 days have run out, as you will not have the necessary NI Contribution record to receive further payments of CB ESA, you should be assessed financially to see whether you are entitled to payment of Income Related (IR) ESA.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

If you are not entitled to IR ESA, then the only way that you can receive payment of CB ESA once more, would be to gain access to The SG as a result of a review or an appeal, or to gain the necessary NI Contributions from employment.

If more than 13 months has elapsed since the date of an adverse decision, then you cannot make an appeal.

Late appeals are only allowed within the 13 months time frame, and that is rigid.

Under the scenario above, making a new/fresh claim for ESA would be no good either, as you would still not have the NI Contributions needed to be paid CB ESA.

If you are out of time for an appeal, you could request a review to be placed in The SG.

You would have to provide written evidence and go through a new reassessment.

Have a read through :

Appeals FAQ’s

MOJ Video of ESA Appeals Process and Tribunal

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

DRUK Factsheet - Appeals Hearings and How to Prepare for them.

N.B.

( For adverse decisions made after 28/10/13 a Mandatory Reconsideration (MR) would have to be requested first before an appeal could be lodged : Mandatory Reconsiderations Explained )

ESA FAQ’s

ESA Claims Guides

If you wish to clarify the issue further please do so by hitting "Reply Topic" at the bottom of this post, and posting your comments.

bro58