Esa tribunal

Hi a lot of people answered my last post but now I'm panicking big time. Tribunal on Monday!!

I filled my esa50 in September 14 my esa ran out Sept 15 my f2f was Feb and tribunal Monday. My argument has been that 18 months ago I could do more but within 4 weeks of filling form in I was a lot worse! Which was still assessment phase.

Someone has just said not to tell them you got worse because you will loose on a point of law. Please help I'm climbing the walls with all this???

6 Replies

  • Hi Sallyk42

    I went to tribunal for my PIP and they focussed on how I was when I filled in and submitted the original form. My condition had changed since then but they were only interested in the initial details.

    Unfortunately, they'll say that if your condition changed even within that short amount of time, that you should have informed them of 'a change in your condition' so although you're worse now they'll be assessing you from then.

    My advice is to keep to the facts, don't lie about your disability but don't be a hero either! Read & read the details you submitted on the claim form so they can't pick you up on you saying something different. Do elaborate on things but don't add in brand new stuff either.

    It's hard to remember back to when you originally filled in the form but they'll probably ask you to so you can describe your problems/issues in a little more detail to them.

    Whatever the outcome, remember that you can request a new form to inform them of a change in your health/disability and how this affects you with regard to your suitability for working.

    Try not to get into too much of a state worrying; it won't help you on the day and may distract you too much for 'fighting your corner' convincingly! If you've got good medical back up & evidence and you're certain that their 'award/points' are incorrect then that wil come across. The judge and whoever else is on the panel are independent of the DWP/Job Centre Plus so that's a bonus; they're not fighting you, they're looking at what decision was made and why you think it's incorrect. They have no bias to either party.

    Good luck - let us know how it goes....


  • Thankyou Rayjayc

    I get where you are coming from and thankyou. I did have to take pip also to tribunal and thank god I won. You're right it was done on the pip form. I just can't understand when most are assessed with in the first 6 months it has taken them 18 months to see me, and that was to the f2f.

    I filled one line on each question and so not much to go on there is it. If I'd known I would of filled in an other form.

    One of the reasons they failed me was for not enough updated medical evidence. So yes that is all that I can fight with. As I sent Dr and specialist letters with appeal.

    I can't sleep at all at the mo, so stressed and yes you're right it's going to be hard to hold it together. Went to bed at 11 and up now lol. But it'so hard to even think straight let alone fight my corner. Half of me wishes I should of just put in again when Mr was no.

    Thanks for you're help I think with my one line answers I will have to do a lot of fighting. What peeves me most I got hurt in a fall at work to which full liability has been taken and social informed me that what I had earned enough to recieve they want back as in year esa. So really I've had nothing off them anyhow. Oh well two days left to try pull myself together.

    You are an angel for helping thanks


  • 18 months is a really long time to have to wait for your f2f!! Did you chase it up ever or complain?

    I don't quite understand the last bit of your post about the liability and paying money back? Do you mean you were being paid the usual 'assessment phase' money whilst you were waiting for your f2f but got a pay out from the accident so had to pay money back to the DWP??

    If so, that's so harsh; I know ESA is and has to be means tested but it seems a little bit unfair doesn't it? Especially as they're now saying you're fit for work!!

    Hang in there.......


  • Yes I continually chased, had app in Nov last year but got sent home as Dr wasn't available. They kept saying at appointment line it's an awful long time to of waited.

    Yes I had my year of esa assessment rate as I've said never got assessment. Because they found out I have an ongoing claim I have to also claim all the money I got which I was told I had paid enough contribution to have, back,and send them it via solicitors at end of claim. So really it has cost them nothing for my year if esa. Hope that sounds better x

  • Tribunal today at 11.30. Oh my god I'm panicking!! Lots of luck needed here I think. Hate how this all makes us feel

  • Best of luck with it; remember to breathe!! Just tell them what they want to know and why you believe the decision is incorrect.

    I hope the correct decision is made.......


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