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Should I withdraw my new-style ESA appeal?
- Ant
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2 months 3 weeks ago #292913 by Ant
Should I withdraw my new-style ESA appeal? was created by Ant
As a result of a severely herniated lower back disc (referred pain first experienced in May 2022), I was signed off work by my GP (after having already seen a clinical associate and two physiotherapists) and referred for an initial consultation with a NHS consultant orthopaedic spine surgeon.
My claim for new-style ESA was accepted from 9 May 2023 and stopped on 12 November 2023 following a telephone Work Capability Assessment which scored me zero points.
I was informed by the DWP that should I wish to appeal the decision, a Mandatory Reconsideration would not be necessary and that I could go straight to appeal which I subsequently applied for.
New-style ESA was re-instated on 14 November 2023 and ended on 14 May 2024 as it can only be paid for 12 months. I am not currently in receipt of any other benefits and I’m covering my day-to-day living expenses solely from personal savings. It should be noted that the ESA I received covered less than half of my very modest living expenses.
During the period in which I was receiving ESA, my consultant orthopaedic spine surgeon diagnosed me from a 5-month old MRI scan as having a “chronic condition” and I was admitted as a day patient for a root nerve block injection in my spine in December 2023. I had a further MRI scan earlier this year and remain under the care of the both the spinal clinic team and physiotherapy department at my local NHS hospital.
My late brother was a victim of the Infected Blood Scandal which received mass news coverage recently and remains incredibly hard for me to deal with emotionally. Along with the associated stress and depression caused by my poor physical health, as well as having to deal with the DWP; my mental health deteriorated to the point that I sought help from a Mental Health Practitioner with whom I have met twice so far.
The prospect of a video appearance in front of an appeal tribunal scheduled for 15 July 2024 is not helping my anxiety and so my question is… if I decide to withdraw my appeal at this stage, will I be forced to repay any of the new-style ESA benefit that I received during the 12 months, as described above?
If not, I see little reason to continue with the appeal, as I will not gain financially moving forward and it would help ease my anxiety.
I’ve not been able to find an answer to this question anywhere else online and so any advice or guidance would be greatly appreciated. Many thanks.
My claim for new-style ESA was accepted from 9 May 2023 and stopped on 12 November 2023 following a telephone Work Capability Assessment which scored me zero points.
I was informed by the DWP that should I wish to appeal the decision, a Mandatory Reconsideration would not be necessary and that I could go straight to appeal which I subsequently applied for.
New-style ESA was re-instated on 14 November 2023 and ended on 14 May 2024 as it can only be paid for 12 months. I am not currently in receipt of any other benefits and I’m covering my day-to-day living expenses solely from personal savings. It should be noted that the ESA I received covered less than half of my very modest living expenses.
During the period in which I was receiving ESA, my consultant orthopaedic spine surgeon diagnosed me from a 5-month old MRI scan as having a “chronic condition” and I was admitted as a day patient for a root nerve block injection in my spine in December 2023. I had a further MRI scan earlier this year and remain under the care of the both the spinal clinic team and physiotherapy department at my local NHS hospital.
My late brother was a victim of the Infected Blood Scandal which received mass news coverage recently and remains incredibly hard for me to deal with emotionally. Along with the associated stress and depression caused by my poor physical health, as well as having to deal with the DWP; my mental health deteriorated to the point that I sought help from a Mental Health Practitioner with whom I have met twice so far.
The prospect of a video appearance in front of an appeal tribunal scheduled for 15 July 2024 is not helping my anxiety and so my question is… if I decide to withdraw my appeal at this stage, will I be forced to repay any of the new-style ESA benefit that I received during the 12 months, as described above?
If not, I see little reason to continue with the appeal, as I will not gain financially moving forward and it would help ease my anxiety.
I’ve not been able to find an answer to this question anywhere else online and so any advice or guidance would be greatly appreciated. Many thanks.
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- Gary
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2 months 3 weeks ago #292951 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Should I withdraw my new-style ESA appeal?
Hi Ant
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
My initial thought to your question was, it's a decision only you can make, but I will try and answer your question
1) If you withdraw your appeal you will not have to payback any of your NS ESA you have already received.
2) If your NS ESA Appeal is successful you maybe placed in the support group, if you are then you award is indefinite until you are next re-assessed, therefore you would gain financially.
If your anxiety is increasing as the tribunal date gets closer, believe it or not that is good, do not take any extra medication on the day of the tribunal as that will not give a goods picture as to what you are like on a daily basis.
The worse thing to say at a Tribunal is that your condition has got worse since the assessment, if you condition has not changed only the diagnose, then say your condition has stayed the same, and that you have now been given a diagnosis.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
My initial thought to your question was, it's a decision only you can make, but I will try and answer your question
1) If you withdraw your appeal you will not have to payback any of your NS ESA you have already received.
2) If your NS ESA Appeal is successful you maybe placed in the support group, if you are then you award is indefinite until you are next re-assessed, therefore you would gain financially.
If your anxiety is increasing as the tribunal date gets closer, believe it or not that is good, do not take any extra medication on the day of the tribunal as that will not give a goods picture as to what you are like on a daily basis.
The worse thing to say at a Tribunal is that your condition has got worse since the assessment, if you condition has not changed only the diagnose, then say your condition has stayed the same, and that you have now been given a diagnosis.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KABTT
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- Ant
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2 months 3 weeks ago #292960 by Ant
Replied by Ant on topic Should I withdraw my new-style ESA appeal?
Thank you very much Gary for your really helpful advice. As a newbie to this excellent website and forum I'll take a look at the FAQ regarding guides for claimants as suggested. With so much complexity in navigating my way through ESA information, your help is greatly appreciated. Kind regards, Ant
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