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ESA appeal
- simon
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10 years 8 months ago - 10 years 8 months ago #124577 by simon
ESA appeal was created by simon
Hello.....I had my second appeal I had to endure this morning, disputing a decision that I wanted moving from the WRAG group I was placed in (after a medical last August)
I was awarded 21 points then by a doctor but it was taken away today because I didn't meet the legal requirements (so I was told).
I now have 0 points!
I am no longer getting ESA from now.....but was told I can re-apply and go through this all again.
Even after I stopped working 5 years ago I received 6 points and I was in a far better physical condition than I am now.
Can anyone tell me of any ways forward now or has anyone any experience of a similar situation?
I was awarded 21 points then by a doctor but it was taken away today because I didn't meet the legal requirements (so I was told).
I now have 0 points!
I am no longer getting ESA from now.....but was told I can re-apply and go through this all again.
Even after I stopped working 5 years ago I received 6 points and I was in a far better physical condition than I am now.
Can anyone tell me of any ways forward now or has anyone any experience of a similar situation?
Last edit: 10 years 8 months ago by slugsta.
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- slugsta
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10 years 8 months ago #124580 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA appeal
Hi Simon and welcome to the forum (I think this is your first post?). If you are also new to the site you should find this FAQ helpful.
Welcome to Benefits and Work
I'm sorry you are going through this ordeal, although this possibility is known such a thing does not happen often. Did the Tribunal warn you that your ESA award might be at risk if you continued with the appeal?
Is there any risk to challenging a decision?
You should ask for a Statement of reasons from the tribunal and get an expert to look at it in case they can argue an 'Error in Law'. You must request this within 30 days of the tribunal decision but it can take quite a time to arrive. You would then have another month in which to request permission to appeal to the Upper Tribunal if an Error of Law is found.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Meanwhile you can start again with a new ESA claim - as long as you meet either the NI contributions or the income related criteria.
Welcome to Benefits and Work
I'm sorry you are going through this ordeal, although this possibility is known such a thing does not happen often. Did the Tribunal warn you that your ESA award might be at risk if you continued with the appeal?
Is there any risk to challenging a decision?
You should ask for a Statement of reasons from the tribunal and get an expert to look at it in case they can argue an 'Error in Law'. You must request this within 30 days of the tribunal decision but it can take quite a time to arrive. You would then have another month in which to request permission to appeal to the Upper Tribunal if an Error of Law is found.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Meanwhile you can start again with a new ESA claim - as long as you meet either the NI contributions or the income related criteria.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- simon
- Topic Author
10 years 8 months ago #124615 by simon
Replied by simon on topic ESA appeal
Hi Mrs Hurtyback....thanks for your reply.
The tribunal head did say to me from the start that they would look at my ESA points awarded to me from before.....but as I wasn't getting any financial help since my money was stopped back at the end of April 2012......I felt I had nothing to lose any way......I really thought the worse scenario would be that I still retained my 21 points from last August.
I lost 6 points due to the change in criteria.....I no longer was entitled to 6 points as the section about bending and kneeling no longer existed so I lost those awarded points straight away they said.
I then wasn't entitled to the remaining points as they had drawn their own conclusions from my answers despite me thinking I explained them properly.
They said I have 0 points now and am fit enough for work.....despite them seeing that I am in no fit state.
This ESA thing has been dragging on for over 4 years now.....I got 6 points after first applying...appealed....won after a 10 month wait.....received the full amount of money for 18 months.....money then stopped because of Welfare Reform Bill....had an advocate liasing with them for nearly a year.....I had a medical last August...got 21 points but as I cant ever work wanted them to put me in the Support Group.....I was still in the WRAG group.
The rest you know.
Not sure what to do now...next I can see my mobility car under scrutiny.
The tribunal head did say to me from the start that they would look at my ESA points awarded to me from before.....but as I wasn't getting any financial help since my money was stopped back at the end of April 2012......I felt I had nothing to lose any way......I really thought the worse scenario would be that I still retained my 21 points from last August.
I lost 6 points due to the change in criteria.....I no longer was entitled to 6 points as the section about bending and kneeling no longer existed so I lost those awarded points straight away they said.
I then wasn't entitled to the remaining points as they had drawn their own conclusions from my answers despite me thinking I explained them properly.
They said I have 0 points now and am fit enough for work.....despite them seeing that I am in no fit state.
This ESA thing has been dragging on for over 4 years now.....I got 6 points after first applying...appealed....won after a 10 month wait.....received the full amount of money for 18 months.....money then stopped because of Welfare Reform Bill....had an advocate liasing with them for nearly a year.....I had a medical last August...got 21 points but as I cant ever work wanted them to put me in the Support Group.....I was still in the WRAG group.
The rest you know.
Not sure what to do now...next I can see my mobility car under scrutiny.
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- Gordon
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10 years 8 months ago #124621 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal
Simon
I am the only Mod on at the moment so it is taking a while for posts to be approved,
You do have the option at looking at an appeal to the Upper Tribunal, the first stage of this is to request the Statement of Reasons, this can take up to 3 months so you will need to be patient. However, even if there is an opportunity to challenge the Tribunal's Decision, the best result you will get is a new hearing, you will still need to show that you meet the criteria for the Support Group before any payments of ESA will be re-instated (see below).
From your latest post your original ESA payments were stopped due to the 365 day limit, I am assuming that you have already checked to see your eligibility for Income Related ESA and that you do not qualify, this being the case, your options moving forward are very limited. I am afraid you will not be able to make a new claim for ESA(CB) or JSA(CB) if you have not worked since your original payments were stopped and if you are prevented from claiming ESA(IR) and JSA(IR) then you will not be able to claim any work related benefit at all.
I would recommend that you get face to face advice from a trained advisor, there may be other options that we do not support on the forum such as Housing Benefit that may still be open to you. Do an internet search for "welfare advice" with your postcode, town, or county.
Gordon
I am the only Mod on at the moment so it is taking a while for posts to be approved,
You do have the option at looking at an appeal to the Upper Tribunal, the first stage of this is to request the Statement of Reasons, this can take up to 3 months so you will need to be patient. However, even if there is an opportunity to challenge the Tribunal's Decision, the best result you will get is a new hearing, you will still need to show that you meet the criteria for the Support Group before any payments of ESA will be re-instated (see below).
From your latest post your original ESA payments were stopped due to the 365 day limit, I am assuming that you have already checked to see your eligibility for Income Related ESA and that you do not qualify, this being the case, your options moving forward are very limited. I am afraid you will not be able to make a new claim for ESA(CB) or JSA(CB) if you have not worked since your original payments were stopped and if you are prevented from claiming ESA(IR) and JSA(IR) then you will not be able to claim any work related benefit at all.
I would recommend that you get face to face advice from a trained advisor, there may be other options that we do not support on the forum such as Housing Benefit that may still be open to you. Do an internet search for "welfare advice" with your postcode, town, or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: simon , slugsta
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