Revised

[Bamba6799]

I posted something on this site yesterday but forgot a few things so this is the revised (and hopefully more concise and coherent) version. I also want to post this on as many 'ESA appeal help and advice' sites as possible so I welcome any suggestions.

I have only just found this site and really want to give as much advice and help as I can for those going through the horrendously stress full, lengthy and undoubtedly unnecessary process of taking ESA to a tribunal. I won my appeal against ESA last month (13-08-2018). I prepared my own case but there is an abundance of free help and legal advice available so don't panic. I am not a legal adviser and nor do I profess to be but I will gladly answer any questions that I can. These are just some of the things that I did which I hope you will find helpful and my personal opinions of a WCA.

A WCA is purely a fitness report based entirely on point scoring system, questions such as “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 and put on JSA. 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.

If you are put on JSA let the job centre know that you are appealing. You have to put in a ‘Mandatory Reconsideration’ first which will let you know whether you can appeal and then a ‘Grounds for Appeal’. Once your appeal has been accepted you should be placed back on ESA but still on the JSA weekly amount but at least you won’t have to go to the job centre to apply for jobs that you can’t possibly do.

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.

Don't go for a 'paper hearing' as you stand more than a 50% greater chance of winning if you attend.

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.

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 but only you and your GP can access these.

Get all of the information that ESA hold on file about you, 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.

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

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. Be patient but yet tenacious. A WCA is a farce and most appeals are won. I hope this helps. Good luck and don't give up.