tribunal failure

My tribunal for ESA support group failed and now as been on ESA for 365 days i now get nothing as husband works and i think what is the point to living like this as there is no hope of anything improving.

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Does your OH work full or part time ... If he is on a low wage or part time ... Can he claim working tax credits . Have you claimed for DLA / PIP .....

If you want any Information you could

Email Emma at

[e-mail] and she can send you the work and benefit guides

VG x

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he works full and part time so we can make ends meet. I get DLA but it goes on my Motability car. Just at the end of my tether and my very severe mental health difficulties are not helpung at the moment either.

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Have you had a benefit check

[Saskia]

Could you see your GP for some support? If you have severe mental health difficulties you should be getting some regular support not just be left to try to cope on your own. My heart goes out to you. Please don't think life isn't worth living. I have been there several times in my life and I still get very low. Your husband works and is able to support you which is a positive but I still think you should receive benefits in your own right. You obviously get DLA so must have been assessed for that. It seems ludicrous that you qualify for DLA but not ESA. Please don't struggle on your own. If you feel down have a moan on this site. I don't come on here much as I have problems of my own to deal with and just don't have the energy these days. Occasionally I read the blogs and when I read your's I felt that I must respond as you sound so desperately sad. Wanted you to know that there are plenty of us "out there" all struggling in our various ways so please don't feel lonely. Sending you loving and positive thoughts. Hugs Saskia. XX

[rosaann52]

Just been reading your previous 'post' , you seem to be really poorly and certainly not fit for work as you are.... I'm not sure how many times you can appeal these decisions but I'm sure some one on here will know...Did you mention that you were depressed and feeling so low to the Tribunal ? and that going back to work would make your mental and physical state worse.....How's your relationship with your GP....Did he write a statement for you ? ....alll these things can help.....I'll send you a message later with something I found on the net that might help if you can appeal....all the best

[esagestapo]

This is happening to everyone, they put you in WRAG knowing they won't have to pay ESA when your contributions run out. All you can do is ask the tribunal for a statement of reasons to see if they made a mistake within a month of the tribunals decision.

If you have an Employment Support Allowance decision at the First Tier tribunal which

you are not happy with then you can appeal to the Upper Tribunal. Please note the

procedure below and, importantly, the timeframes. One of the main problems with this is

that you generally cannot submit additional evidence. The question that the Upper

Tribunal must face is whether the first tier tribunal made an error in law when

considering the documents and testimony that they had on the day. This is another

reason why it is important to make sure that enough evidence is sent in for the original

first tier tribunal appeal.

The process

a. You must ask the tribunal which you have been dealing for a statement of

reasons and a record of proceedings. You must ask for this for within one month

of the tribunal decision. It can sometimes take a while for it to be sent to you, in

some cases this can be a number of months.

b. When you receive the statement of reasons then it must be compared to the

documents that were available on the day to see if there are any arguable points

which may be considered errors of law.

c. You then must apply for permission to appeal to the upper tribunal by writing to

the original tribunal. This must be done again within one month of the statement

of reasons. You must include a copy of the original decision you are appealing

against. You should also include the issues which you think are errors in law.

When you apply for permission you can also request that the judge set aside the

decision and start a new tribunal.

d. If the Judge refuses these requests then you can apply directly to the Upper

Tribunal. You must apply directly to the Upper Tribunal within one month of

receiving the decision. You must apply using the UT1 form which is available on

the Upper tribunal website: justice.gov.uk/guidance/cou....

dls.org.uk/advice/factsheet...

[pondminstrel]

HI,IF you message me I will give you a link to the man who sorted my claim out,xxxx