ESA Tribunal - what happens if a person loses their Tribunal?!

My appeal Tribunal is on Saturday and I am sure I am going to lose!!

Does anyone know what happens if I lose? do my benefits stop immediately or can I appeal the decision? do I then need to apply for job seekers allowance even though I am not fit for work. I have a doctor's sick note which does not run out until mid June.

Any help and advice greatly appreciated xx

11 Replies

  • Hi Molly, What a worry for you, but I think that you will be put in the WRAG which aims to get you on the road back into work, but mostly they ask you to come into the jobcentre roughly every six months or so just to check on any deterioration that might have happened, in which case they may resubmit your claim for ESA.

    I hope that things make some sense, and I'm sending loads of positive vibes your way :-)

    Foggy x

  • Hi Foggy thank you for your kind words and positive support. I am keeping everything crossed!!

  • You are welcome, I just want to reassure you that you won't be left with no money at all at any point, if they put you in the support group (which I really hope they do) then your money I think, may go up a little bit. When I was put into the WRAG my money didn't change from what I had been receiving previously. I didn't go to a Tribunal as I thought the stress would cause me more pain than would be worthwhile, I know that's an odd perspective and I may have made a different decision had I not had an interview at the Jobcentre with the woman who runs the WRAG in our area and she reassured me greatly, so though we resubmitted my application, which came back with the same outcome, I know I am not going to be pressurised into attending regular interviews. Just as I mentioned above, visiting her every six months, she understands my situation very well and it's just to keep the records straight.

    Sending you more positive vibes :-)

    Foggy x

  • Hi Foggy thank you so much for the advice and kind words x if I am put in the work group that will be great - my fear is losing the Tribunal altogether and not getting any money. I suppose I just go on job seekers allowance as I need some source of income and am unable to work, although being on job seekers means I need to be looking for work!!

    Thanks for the positive vibes xx

  • Hi again Molly, they can't possibly leave you with no money, I really think that If you don't get into the support group you will go into the WRAG, could I ask if your doctor has written to ATOS about your condition and spelt it out to them that you are not fit for work. If he/she hasn't, then I would get hold of him/her and get a letter from them to take to the tribunal with you as medical evidence, get every bit of backup that you can :-). Hope this helps a bit :-)

    Foggy x

  • Hi Foggy thanks for your positive thoughts it really cheered me up x I asked my doctor for a letter after I failed the Atos medical and he said there is no point as they don't believe the doctors anyway!! I have a sick note where I am signed off until mid June so I will hopefully be able to claim something! Keeping everything crossed for the WRAG group!

  • Hi foggy just wanted to say thank you for all your help and advice x had my tribunal today and I won!! Judge recommended that I am put in support group- could not believe it!!

    Thanks again xx

  • 'LIKE' :D

  • Thank you x

  • Yayayay :D :D I'm so pleased you won :D

  • Fantastic News :)


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