Esa tribunal hearing

Well it sort of went my way . I won my appeal, been put in the esa work related activity but the judge has put regulation 29 esa regs 2008 applied. This is where i am very confused. I have looked up on the internet but i am still none the wiser??? So if anyone out there can explain it to me in simple terms please do so :-). Xx very tired & exhausted Alison

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  • Ok had a quick look , the regs are on google. No 29 states if a person has a long term illness and would suffer emotional or illness by being prevented by getting ESA , then they must be awarded ESA on the support group, well that's how it reads to me!!

    I think that was the right one. It's in chapter 2 no 29. If you google in what you put above regulation 29 ESA regulations 2008, it's about the fourth topic down and the whole document is there for you to read!

    Actually it sounds like he's done you a huge favour saying It will make you ill If you aren't awarded it!

    Do check this put though!!

    Well done!!! Now rest and congratulations xx

  • Thanx Allanah. I kind have thought thats what it meant. Just hope i am still going to get some money from what ihave been reading. Its so confusing. Thank you again xx Alison

  • I got ESA even when they retired me on ill health. I had to inform them re my Nhs pension and fill in another form but I got still got esa,at a reduced rate but still am entitled to it, so have a restful time now xxxxxxxxxxxx

  • Hi, you must be shell shocked after the hearing.

    I have joined a great site (was a members post from this group, unfortunately can't remember who!) called ESA/DLA on face book. They have got all the info you would need.

    I don't know if you are on face book.

    If you are and wish to join, you have to be invited by a member. If you wish you can send me a private message on this site with your email address.

    Have a look first and see if you can have a look under groups.

    No doubt you will need to have rest and chill after your emotional day.

    Vonnie x

  • Thank you Vonnie, but i am not on facebook its s'thing that has never interested me :-) people find that quite amusing. Xx Alison

  • Hi Alison, no I fully understand, i don't use face book all that often, only for certain things.

    Here's a link that may help, it's another good one.

    Good luck, no doubt catch you again on here x Vonnie.

    benefitsandwork.com.uk

  • benefitsandwork.co.uk/

    Sorry i think other link was incorrect, if this dosn't work, just google it.

  • I managed to find it thank you Vonnie, it is very helpful & recomend anyone having to go through an appeal to read it. Xx Alison

  • You will get it backdated as well Alison from the time you put in for itl Well done to you as from me.xxx

  • Well done you on getting ESA its such a trial to get help these days xx

  • Thank you to everyone for all your support. I don't want to have to go through that again. Xx Alison

  • I was just about to post astonishment of my recent ESA award, when I read this one, and can hardly believe RA sufferers are having to appeal. I have received no benefits for 2 years (my husband works), because I made an original claim in July 2011 for ESA (and a consequent award for work related activity following a medical in September 2011), my claim has been continuous. Imagine my eye popping surprise when I receive a letter 2 weeks ago to say that my status has been changed to ESA support group, and I don't have to schlepp down to JobCentre Plus every month. Who decided I couldn't work anymore?

  • Please can u give me some more info, about how it was u got put in support group please? I was in ESA wrag , contribution group. After 1 year they stopped money. I surprisingly found a job (needed money ), for 7.5 hours a week , 6 months in I'm back on ESA , health worse. I'm dreading having the assessment again, I feel what people can't see they tend to think I'm elaborating. Working is detrimental to my condition , like so many others. Thanks

  • I'm sorry I haven't replied sooner: I don't go on line very often. I can honestly say that I have no idea at all why I was placed in the support category. I haven't undertaken an ESA medical since 2011. When I received the Capacity for work questionnaire, I treated it on the same basis that I did when I worked as a benefit advisor, but that was always, "Be as honest as you can, describe exactly as you do things". My RA is personally crappy, but I do suppose that I have a set way of filling a form. I'm not up to date with current trends.

  • I could do with you next time i have to fill a form out lol. I wish they had put me into the support group, i supose that will be the next thing i have to apply for :-(. Thank you for getting back to me :-) xx Alison

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