Log in
PBC Foundation
6,916 members5,942 posts

Medical problems and ESA tribunal

Hi I'm new to this site , but was wondering if anyone knew about the point scoring system used for ESA , I am waiting for my tribunal and have multiple health conditions including narcolepsy , NEAD and angina to name but a few .

Please can you let me know what to expect and why my serious conditions might have been given a score of zero . I live in Kent UK . And now on universal credit which insist I start looking for work once the tribunal has been sorted . As you can imagine I am really worried about this .

Many thanks I look forward to hearing from you .

6 Replies
oldestnewest

I have only just found this site but really want to give as much advice and help as I can. I won my appeal against ESA last month. I prepared my own case but there is an abundance of free legal advice available so don't panic. A WCA is purely a fitness report based entirely on point scoring system, can you walk to the shops by yourself etc. You need to score more than 15 points to qualify for ESA. I had been in an ESA support group for three years but after scoring 0 points I was taken off ESA. I am visibly fit for work and so do not contest my scoring of 0 points but my unseen condition prohibits me from any sort of work. This is where a WCA fails as it does not recognise or take into consideration a person's individual condition. Make sure that you get your 'Mandatory Reconsideration' form in on time and then your 'Grounds for Appeal' form in on time which is what starts the ball rolling. ESA will then send you their response to this. You can then still submit as much more information and evidence as you want up until a few weeks before the hearing. You will be advised by letter stage by stage on this. After my 'Grounds for Appeal' was submitted I did more research and then sent 34 pages followed by another 14 pages when I had gathered further information and evidence. Don't go for a 'paper hearing' as you stand more than a 50% greater chance of winning if you attend. Do as much research as you possibly can relating to your own condition. Ask your GP how to obtain your own medical records, you will undoubtedly find something useful there and only you or your GP can access that. Get all information on file about you from ESA, it's a 'request for personal information' form and can easily be done online. I was sent well over 1000 pages but 4 of them were crucial. In fact it was probably ESA that sent me the information that lost their own case. For me it was Regulations 29 and 35 Exceptional Circumstances that played the key part. Black Triangle is a good website for this. I received a phone call on the morning of my tribunal and was informed that I didn't even need to attend. The Judge had read through my case and due to the "totality of my evidence" he overruled the ESA. This is my point, provide them with as much information and evidence as you can. Bombard them with it. A WCA is a farce and most appeals are won. I hope this helps. Good luck and don't give up.

Reply

Hello , thank you for your reply it is very helpful . I will check the website as any help at the moment is much appreciated .

I can't understand why genuine people are being made to go through all this stress , surely these tribunals must cost the government millions .

I will let you know how I get on .

thank you

Reply

I'm glad I could be at least of some sort of help. I forgot three things but wish to stress that I am not in any way a legal adviser (not that you suggested I was!), these are just some of the things that I did and my opinions of a WCA.

When you receive a case ref. from Tribunal Services if you are unsure or unclear of what to do next they are extremely helpful and understanding so don't hesitate to call them no matter how stupid you might think your question is.

Read through the WCA report carefully and thoroughly. I found many contradictions, discrepancies and even things that I never said. Although these wouldn't have been case winners it helped prove that a WCA is a complete joke.

If you are submitting extracts from a website include the full https website address so that it is undisputable.

Keep me informed and I will help as much as possible as I completely empathise with anyone going through an appeal against ESA because of a ridiculous WCA decision.

Reply

Hello , thank you for the advice . I will keep you posted regarding my case . I have lots of extra written proof like medical results etc .

Also after reading through a huge pile of letters and files from the tribunal assessors I have found loads of discrepancies , some of which the WCA have made from their own responses !!!

Reply

Good on you. These are exactly the things that I found. Keep going.

Reply

PS Another thing that I forgot to mention in my original post was that I even researched and submitted information on how unfair a WCA is.

Reply

You may also like...