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ESA tribunal appeal
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10 years 5 months ago - 10 years 5 months ago #127460 by Liz
ESA tribunal appeal was created by Liz
I had a spinal operation in 2012 and since have pain in back neck legs and arms. I also have discs degenerated in my neck and the pain is getting worse. I was on ESA and medicaly retired in November 2013 due to my pain. I was awarded PIP enchance disability and standard mobilliy on the grounds that I could not walk more than 50 meters. They have taken me of ESA and placed me in the work related activity group and because I was on contribution based ESA. my payments have now ceased. Got my PIP on not walking more than 50 meters. Went to medical for my ESA and he stated that I could walk 100 meteres but no more than 200 metres. I disagreed with his findings and was taken to a tribunal where they said my evidence was unreliable bearing in mind I was advised at PIP of how many metres I could walk. My grandson was very ill in hospital the week I had my tribunal so when I look back on the outcome it looked as though I had lied but I had not. My mind was all over the place and had no sleep days before the tribunal. Was advised they would keep me on the work related acitivity and I could not work again and they would still pay my stamp but I will receive not benefit. Really dont know what else I can do being advised nothing I can do. It is really getting on top of me know.
Last edit: 10 years 5 months ago by . Reason: Tick.
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10 years 5 months ago #127469 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA tribunal appeal
Liz
First of all, have you checked whether you are eligible for Income Related ESA, because if you are your payments will be re-instated. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
With regard the Tribunal Decision, if it has been less than one month since it was made then you can ask for it to be looked at by the Upper Tier Tribunal but only on the basis that there has been an Error of Law, if you think that there may have been then the first stage to the process is to request a Written Statement of Reasons from the Judge of the panel.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
If you decide to go down this route we can provide some Fact sheets that may be of assistance.
With regard to your PIP award versus the WRAG one for ESA. PIP tests the claimants ability to walk whereas ESA looks at their ability to Mobilise. In addition to walking, mobilising also looks at your ability to propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered, as long as the usage is considered reasonable it can be looked at.
If you did not include any information regarding your being able or not to use a wheelchair then this could explain the discrepancy between the two awards.
Although no longer in payment your ESA claim is still technically live, so if you can show a documented deterioration in your condition since you were last assessed which would allow you to potentially meet the criteria for the Support Group then you can ask to be re-assessed, this will involve a new ESA50 and likely a new assessment, also it could take some time due to the current delays in the system, but if successfully placed in the SG the your ESA(CB) will be re-instated from the date you notified the DWP of the change.
If you need more information on any of the above then, please reply to this post.
Gordon
First of all, have you checked whether you are eligible for Income Related ESA, because if you are your payments will be re-instated. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
With regard the Tribunal Decision, if it has been less than one month since it was made then you can ask for it to be looked at by the Upper Tier Tribunal but only on the basis that there has been an Error of Law, if you think that there may have been then the first stage to the process is to request a Written Statement of Reasons from the Judge of the panel.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
If you decide to go down this route we can provide some Fact sheets that may be of assistance.
With regard to your PIP award versus the WRAG one for ESA. PIP tests the claimants ability to walk whereas ESA looks at their ability to Mobilise. In addition to walking, mobilising also looks at your ability to propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered, as long as the usage is considered reasonable it can be looked at.
If you did not include any information regarding your being able or not to use a wheelchair then this could explain the discrepancy between the two awards.
Although no longer in payment your ESA claim is still technically live, so if you can show a documented deterioration in your condition since you were last assessed which would allow you to potentially meet the criteria for the Support Group then you can ask to be re-assessed, this will involve a new ESA50 and likely a new assessment, also it could take some time due to the current delays in the system, but if successfully placed in the SG the your ESA(CB) will be re-instated from the date you notified the DWP of the change.
If you need more information on any of the above then, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Liz
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- Liz
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10 years 4 months ago - 10 years 4 months ago #127911 by Liz
I would be grateful for more information.
I spoke to you a few weeks ago with regards to my ESA been refused when I was at a tribunal. The last ATOS medical was July 2014. I was not happy with the tribunal and it looked as though they made me out to be a lying and that I exaggerated about my disability. I live with my disability every day. Another point was because I had said I can walk 2-3 minuter figure of speech they stated if was not convincing . In there opinion someone attending a medical which was amongst other things, concerning her mobility would not use the phrase for a few minutes as a figure of speech. They say I can walk 100 metres and no more than 200 metres. And in my pain management letter she stated that walking for prolonged periods exacerbated her back pain again no word of waking 200 metres which they picked up on. I can walk up to 50 metres but in pain. I also claimed my PIP on the grounds that I can walk no more than 50 metres. Can I be reaseased with my back problems. Anyone can tell me. My husband works so do you think it is work asking. I also have neck problems which the doctor said they could not do any surgery.
Kind Regards
Liz
Replied by Liz on topic ESA tribunal appeal
Gordon wrote: Liz
First of all, have you checked whether you are eligible for Income Related ESA, because if you are your payments will be re-instated. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
With regard the Tribunal Decision, if it has been less than one month since it was made then you can ask for it to be looked at by the Upper Tier Tribunal but only on the basis that there has been an Error of Law, if you think that there may have been then the first stage to the process is to request a Written Statement of Reasons from the Judge of the panel.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
If you decide to go down this route we can provide some Fact sheets that may be of assistance.
With regard to your PIP award versus the WRAG one for ESA. PIP tests the claimants ability to walk whereas ESA looks at their ability to Mobilise. In addition to walking, mobilising also looks at your ability to propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered, as long as the usage is considered reasonable it can be looked at.
If you did not include any information regarding your being able or not to use a wheelchair then this could explain the discrepancy between the two awards.
Although no longer in payment your ESA claim is still technically live, so if you can show a documented deterioration in your condition since you were last assessed which would allow you to potentially meet the criteria for the Support Group then you can ask to be re-assessed, this will involve a new ESA50 and likely a new assessment, also it could take some time due to the current delays in the system, but if successfully placed in the SG the your ESA(CB) will be re-instated from the date you notified the DWP of the change.
If you need more information on any of the above then, please reply to this post.
Gordon
I would be grateful for more information.
I spoke to you a few weeks ago with regards to my ESA been refused when I was at a tribunal. The last ATOS medical was July 2014. I was not happy with the tribunal and it looked as though they made me out to be a lying and that I exaggerated about my disability. I live with my disability every day. Another point was because I had said I can walk 2-3 minuter figure of speech they stated if was not convincing . In there opinion someone attending a medical which was amongst other things, concerning her mobility would not use the phrase for a few minutes as a figure of speech. They say I can walk 100 metres and no more than 200 metres. And in my pain management letter she stated that walking for prolonged periods exacerbated her back pain again no word of waking 200 metres which they picked up on. I can walk up to 50 metres but in pain. I also claimed my PIP on the grounds that I can walk no more than 50 metres. Can I be reaseased with my back problems. Anyone can tell me. My husband works so do you think it is work asking. I also have neck problems which the doctor said they could not do any surgery.
Kind Regards
Liz
Last edit: 10 years 4 months ago by .
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10 years 4 months ago - 10 years 4 months ago #127942 by
Hi L,
As advised by Gordon, if your limitations have changed or deteriorated since the time of the adverse WRAG award, and you feel that you can show that you now qualify for The Support Group, (SG) then you can write to The DWP and request a Supersession/Review of your current WRAG award.
This would be classed as reporting a Change of Circumstances. (C of C)
Sending Documents to the DWP or ATOS
You would need to show that you qualify for The SG by fulfilling at least one of : The SG (LCWRA)Schedule 3 Descriptors, or if none of those, via : ESA Reg 35 for entry to The SG (LCWRA)
See also : Qualifying for the Support Group
ESA Claims Guides
This may also involve filling in a fresh ESA50 Questionnaire, and the possibility of an ESA "Medical".
If you are successfully placed into The SG, then payment of your Contribution Based (CB) ESA in The SG should be reinstated and backdated to the date of your request for a Supersession/Review.
You would then continue to receive CB ESA for as long as you remained in The SG.
Your first step would be to make a formal written request for "The Supersession/Review", you could provide copies of any new supporting evidence at that time.
N.B. You should not request a "Mandatory Reconsideration", "Reconsideration", or "Appeal". Make it absolutely clear that you are requesting a Supersession/Review of your current WRAG award due to a change/deterioration in your limitations.
If the PIP Medical Report is supportive of an ESA SG award, you could also use copy of that, as fresh evidence.
You should address the envelope to The ESA Benefits Office/Centre address on your most recent ESA letter.
bro58
Replied by on topic ESA tribunal appeal
Liz wrote:
Gordon wrote: Liz
First of all, have you checked whether you are eligible for Income Related ESA, because if you are your payments will be re-instated. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
With regard the Tribunal Decision, if it has been less than one month since it was made then you can ask for it to be looked at by the Upper Tier Tribunal but only on the basis that there has been an Error of Law, if you think that there may have been then the first stage to the process is to request a Written Statement of Reasons from the Judge of the panel.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
If you decide to go down this route we can provide some Fact sheets that may be of assistance.
With regard to your PIP award versus the WRAG one for ESA. PIP tests the claimants ability to walk whereas ESA looks at their ability to Mobilise. In addition to walking, mobilising also looks at your ability to propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered, as long as the usage is considered reasonable it can be looked at.
If you did not include any information regarding your being able or not to use a wheelchair then this could explain the discrepancy between the two awards.
Although no longer in payment your ESA claim is still technically live, so if you can show a documented deterioration in your condition since you were last assessed which would allow you to potentially meet the criteria for the Support Group then you can ask to be re-assessed, this will involve a new ESA50 and likely a new assessment, also it could take some time due to the current delays in the system, but if successfully placed in the SG the your ESA(CB) will be re-instated from the date you notified the DWP of the change.
If you need more information on any of the above then, please reply to this post.
Gordon
I would be grateful for more information.
I spoke to you a few weeks ago with regards to my ESA been refused when I was at a tribunal. The last ATOS medical was July 2014. I was not happy with the tribunal and it looked as though they made me out to be a lying and that I exaggerated about my disability. I live with my disability every day. Another point was because I had said I can walk 2-3 minuter figure of speech they stated if was not convincing . In there opinion someone attending a medical which was amongst other things, concerning her mobility would not use the phrase for a few minutes as a figure of speech. They say I can walk 100 metres and no more than 200 metres. And in my pain management letter she stated that walking for prolonged periods exacerbated her back pain again no word of waking 200 metres which they picked up on. I can walk up to 50 metres but in pain. I also claimed my PIP on the grounds that I can walk no more than 50 metres. Can I be reaseased with my back problems. Anyone can tell me. My husband works so do you think it is work asking. I also have neck problems which the doctor said they could not do any surgery.
Kind Regards
Liz
Hi L,
As advised by Gordon, if your limitations have changed or deteriorated since the time of the adverse WRAG award, and you feel that you can show that you now qualify for The Support Group, (SG) then you can write to The DWP and request a Supersession/Review of your current WRAG award.
This would be classed as reporting a Change of Circumstances. (C of C)
Sending Documents to the DWP or ATOS
You would need to show that you qualify for The SG by fulfilling at least one of : The SG (LCWRA)Schedule 3 Descriptors, or if none of those, via : ESA Reg 35 for entry to The SG (LCWRA)
See also : Qualifying for the Support Group
ESA Claims Guides
This may also involve filling in a fresh ESA50 Questionnaire, and the possibility of an ESA "Medical".
If you are successfully placed into The SG, then payment of your Contribution Based (CB) ESA in The SG should be reinstated and backdated to the date of your request for a Supersession/Review.
You would then continue to receive CB ESA for as long as you remained in The SG.
Your first step would be to make a formal written request for "The Supersession/Review", you could provide copies of any new supporting evidence at that time.
N.B. You should not request a "Mandatory Reconsideration", "Reconsideration", or "Appeal". Make it absolutely clear that you are requesting a Supersession/Review of your current WRAG award due to a change/deterioration in your limitations.
If the PIP Medical Report is supportive of an ESA SG award, you could also use copy of that, as fresh evidence.
You should address the envelope to The ESA Benefits Office/Centre address on your most recent ESA letter.
bro58
Last edit: 10 years 4 months ago by .
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- Liz
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10 years 4 months ago #127945 by Liz
Replied by Liz on topic ESA tribunal appeal
Thank you for your help I will look into this. I feel as though I am begging for what is a disability. I have worked all my life and to be treat like this is degrading. Again thanks a lot
Regards
Liz
Regards
Liz
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