Esa Appeal

My Esa appeal is scheduled for 6th Dec 2013, I have suffered with ME/CFS and lumbar spine degeneration and anxiety from the past 20 years. I have been on Incapacity benefit since 1993/94, upon filling in a medical questionnaire in March 2013 I was transferred automatically to ESA on WRAG which is due to come to an end in March 2014, as for some unknown reason DWP seem to think I will be fit for work by this date. On my ESA85A medical report dated 2nd Feb 2013 a Dr (name removed by moderator) which was employed by the Llanelli Benefit Centre stated that "I advise that work is unlikely in the longer term", this prognosis is further confirmed by my own GP. Can you please advise as to what I should expect at this appeal as the anxiety of having to appear in court is making my illness much worse. I look foward to your replies.

Hi Daisydream,

I'm sorry that you are going through this, I know that it is very stressful.

I just want to clarify one point - ESA WRAG is payable for only 365 days for people on contributory benefit. After this, income-related ESA can be paid if the claimant (and any partner who lives with them) is entitled on the grounds of low income, savings/assets under £16000 and partner working less than 24 hours per week.

Have a look at our appeal resources

Appeal FAQs

Preparing for a Tribunal

ESA claims and appeals

appearance before tribunals

and also have a look at this video

Youtube video

Finally, make sure that you are clear in your mind as to which of the Support Group descriptors apply to you

Qualifying for the Support Group

Please come back to this topic if you have further questions and to let us know the outcome of your appeal. You will find it easily in future if you bookmark it, or make it a favourite on your web browser, now

Hi Mrs Hurtyback

Many thanjs for your prompt reply, it is very much appreciated. Unfortunately I would not be eligible for income-related ESA as my husband works. I have had a look at the video link you sent me, I was told by my jobcentre advisor that the whole Tribunal process was a horrific experience but the video didnt seem that bad, mind you I suppose each appeal can differ. As for the other links you have sent to me, dont really know what I am doing, what do I look for? I apologise for being so slow its taken me until now to work out how to reply to yourself. Once again many thanks for your advise.

Hi DD,

The other links will enable you to find out more about the appeal system etc. You need to decide which of the Support Group descriptors apply to you and provide evidence (or point to evidence you have already provided) in order to back this up.

The Tribunal Panel will want to ask you questions about the descriptors you have pointed out, people who attend the hearing in person have a far better chance of winning their appeal.

By the way, every post on here will be read and approved by a moderator before it is made public. Don't worry if you do not see your post straight away, you don't need to repost as it will appear eventually

Hi Mrs Hurtyback

I had my ESA tribunal last friday unfortunately I was told verbally on the day that I was unsuccessful. The video link you very kindly sent me a few months ago of a typical tribunal hearing was nothing like my day I was ushered into a proper courtroom, this I was not expecting the surroundings itself was very upsetting furthermore the attitude of the Judge and Doctor was very intimidating. My Solicitor and husband attended the hearing with me but I was completely shocked that my Solicitor was not allowed to say a word, when he attempted to say anything the Judge told him to be quiet. The Doctor's attitude was completely disgusting he even suggested at one point that I had been lying about my medical evidence, this was medical evidence spanning over 20 years from various GP's. I was interrogated for approximately 45 minutes, but anything I said was not taken seriously. Both my husband and Solicitor tried speaking to the Doctor but they were dismissed out of hand. It was the most horrific experience of my life, this sort of behaviour and bullying tactics should not be allowed. I thought the hearing was suppose to be impartial, this was definately not the case in my experience. In fact it was a very unfair hearing. Any advice would be appreciated.

Hi Dd,

I am sorry that the Tribunal was such a bad experience for you The first thing to do is to request a 'Statement of Reasons' from the Tribunal Service, you must do this within one month of the tribunal date. Then you should get a specialist welfare adviser to have a look and see if there might have been an 'Error in Law' which would be the only reason for being allowed to take this claim further. Your solicitor might be able to advise about this but many sols have a poor knowledge of welfare law.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

You will now not be entitled to any further payment on this claim. If you still meet contribution and/or income-related criteria (and your GP is willing to supply a further fit note)you can make a new claim for ESA. As long as 6 months has passed since the previous decision (and it is very rare to get a tribunal heard in less time than this!) you will be paid ESA assessment rate straight away.

Alongside this, if your sol agrees that things did not happen as they should have at the tribunal, you can make a formal complaint about this

Complaining to the Tribunal Service