ESA Tribunal advice.

[henrythewasp]

Sorry people for going over old things but I have an ESA appeal on 1st of may,recently i sent in a report from my doc and then i received a letter from my local Jobcentre introducing a personal advisor who will help me as part of my conditions for receiving ESA....Is this telling me something about my appeal prematurely that has already been decided but i havn't been told yet?.....Any ideas appreciated.

[silverfox7]

No idea I'm afraid but hope it goes well

[TSH110]

Me too - good luck with it!

[Debs11]

Hi I think the adviser is to help you. When my daughter applied we went thrugh our local citizens advice centre & they were amazing. we would have failed in our attempt without their help. They basically advised that when we filled in the questions that she answered them from the viewpoint of her very worst day, not necessarily painting the blackest picture but considering the future when your bad days could become more frequent.

They also advised that she sent in supporting letters from work colleagues & family & friends about how her symptoms impact them in how they have to help care for her or support her on bad days & things that they have concers about with her help.

They advised us that we would probably be turned down the first time we applied & they were right but we re-applied & with the help of supporting documents like the letters she got it on the second attempt.

Hope this helps a bit..... Good Luck!

[Debs11]

I sent you a really long reply but now its not showing, did you get it?

[henrythewasp in reply to Debs11]

Yes Debs11 thank you.This is not at reconsideration stage,this is at Tribunal hearing stage.

[Princesspea]

I don't think the DWP would give you an advisor to help with an appeal so that sounds to me like you have been awarded ESA and put in the 'work related activity group' where you would be assigned a personal advisor who would help you with your work related activity. You would be best to phone them and check?

[Agapanthus]

I would doubt that the Personal Advisor issue is anything at all to do with your appeal.

Normally the Jobcentre do expect people to attend if they are receiving ESA Work Related Activity Group and you do see an adviser and sometimes then get transferred to the Work Programme scheme. However if you are appealing and the Tribunal is so close then they will not do that, but you should attend anyway of course if the date is before your Tribunal.

It might be worth ringing the number of the office that deals with your claims (which will not be your local Jobcentre) to see if they received your Dr's report and to see if they are likely to reconsider before the Tribunal as a result of the extra evidence. As the DWP are so overwhelmed now with backlog on ESA, I am guessing that this is unlikely and that you will progress to the Tribunal on 1st May - good luck with that!

[carolr]

You don't have to attend.

Though my friend whose got mental health they interviewed her. For work they messed her about for a few weeks.

Me they just said I didn't have to attend. It's just away of taxing us.

Disability was not taxable. Now it is...

Carol

[mjmonks]

I have quite a lot of personal experience with the benefit system and perhaps could give you some advice.

Could you clarify whether you were refused ESA or whether you were put in the Work Related Activity Group?

[henrythewasp in reply to mjmonks]

Hi mjmonks.....I was on Income Support,unfit for work,then i was asked to attend an assessment a year or so later which i supposedly failed,the health worker twisted all my words and i was awarded nil points.I appealed this and was still turned down and i appealed again and have been waiting over a year and in this time the name has changed to ESA so now its at the Tribunal hearing stage.

[mjmonks in reply to henrythewasp]

Sorry I've taken so long to reply (internet connection problems). I went through the same thing with the 'medical' assessor not listening or writing down what I was saying? If I understand it right, for the past year you haven't been in receipt of any benefits, because once you have been declared fit for work they stop payment of IS/ESA even if you are appealing?

[henrythewasp in reply to mjmonks]

Hi mjmonks. That's exactly the way i was lead to believe it would be and was told to sign unemployed but after a day or 2 i dug my heals in and found i can still get housing/council tax benefit and a partial ESA payment each fortnight so long as i keep sending in sick notes while waiting for the appeal tribunal hearing which i have done and just got one today for another 30 days.

[mjmonks in reply to henrythewasp]

Okay, that means, because you are receiving a reduced ESA payment they have put you (temporarily) in the Work Related Activity Group until they reach a final decision at the tribunal. The personal advisor is connected with the WRAG, nothing to do with the tribunal, he/she is there to 'help' you start to get back to work (whether you feel well enough or not!). After receiving the initial letter you will receive another with an appointment to go in - this is where you discuss options for getting you back to work.

For now, you need to concentrate on your appeal. It is important the you attend and take someone with you; they can't speak for you but it is great for moral support. Before you go, do your research - did you get a copy of the initial medical with all the assessor's comments and points awarded. Get a copy of the ESA Assessors Guide with the descriptors, this breaks down ailments and the points awarded. Another good option is the Benefits and Work website the ThyroidThora mentioned, they have a free online assessment you can do that works out your eligibility.

As far as I am aware (it was with Incapacity Benefit), if they refuse you again after the tribunal, you can reapply 6 months after they stop ESA and start the whole process again.

When your aren't feeling well to start with, this process just makes it worse. You have my sympathies.

If you have any more questions feel free to ask.

[henrythewasp in reply to mjmonks]

Thank you again mjmonks,I have just returned from my doctors and was told i also have Scoliosis as well as my Hypothyroidism to put up with and that's why i am in pain with my back....Oh by the way, yes i did get a copy of the assessors comments and i don't agree with any of them,my doctor has sent a note in contradicting everything she said.The only worry i have about my Tribunal is i become very easily agitated and i am worried in case i lose my temper.

[mjmonks in reply to henrythewasp]

Thought this might interest you - a quote from the Decision Makers Guide regarding Back Pain as a qualifier for ESA:

"Example 1

Khaled suffers from back pain, and claims ESA. His previous employment was office work. Following application of the WCA, the DM determines that he scores 6 points for standing and sitting. Khaled argues that he satisfies the substantial risk rules, as he cannot sit at a desk for lengthy periods without exacerbating his condition. The DM determines that the risk to his health could be alleviated by reasonable adjustments to his workstation, such as a desk which can rise and fall to allow working in standing and sitting positions, and taking breaks away from his workstation. The DM determines that Khaled does not have LCW, and cannot be treated as having LCW. The award of ESA is terminated."

So the poor guy will be taken off ESA and have to look for a job where his future boss will have to spend money on a fancy adjustable desk to help manage his pain - like that is going to happen! However it is one less person claiming ESA. If you lose your ESA then go on to JSA they aren't interest in your health, as far as they are concerned if your not well, you aren't entitled to claim JSA you have to claim ESA - I actually had that conversation with them!

[henrythewasp in reply to mjmonks]

I have back pain sitting or standing,hypothyroidism that still isn't controlled yet so still having regular bloods,memory problems,poor concentration,Anxiaty,stress,panic attacks,Insomnia,breathing problems,low energy,muscle aches and pains throughout my body.The medication i am on says i am not allowed to drive or operate machienery and i have tried several others but this has been the best,also on Levo as you would expect.Because of poor memory i have set my kitchen on fire after leaving something on the cooker,i have sent in a report from the fire brigade on proof of this and a letter from my doc as well as the reasons i disagree with the decision not to allow ESA.

[veronicahoward]

I have attended many tribunals in my work capacity and I attended one on behalf of my son who has a disability. Both his support assistant and a welfare benefits advisor attached to the local authority were absolutely brilliant in preparing reports and, at the tribunal, the case did not go ahead to a full hearing. The chairperson who was a solicitor stated that quite clearly from all the written reports this appeal should succeed and she allowed a back date of benefits over 15 months which enabled me to get transport for my son. With all the cutbacks in legal aid and closure of citizens advice bureaux it is difficult to get the right kind of help. But I would advise you to speak to your local authority and ask about a welfare benefits advisor.

Good luck and good health

[henrythewasp in reply to veronicahoward]

Thank you veronicahoward, CAB told me they cant help me and a year down the line i am still waiting for a call back from Welfare rights which i really don't think is going to come.

[Neijam]

It will be a advisor for work related activity prog,i would advise u to go to c.a.b ( citizens advice) with all paperwork

[ThyroidThora]

Hiya,

Have you looked on the Benefits and Work website? There's advice on the website but you need to join to get the paperwork you need to help with filling in the forms and appeals.

Good luck x.

[dmc12]

Hi,

Your DWP personal adviser will not be able to help you with your appeal,they may give you some guidelines re this but the advisers are there to help you to keep as close to the labour market as possible. They will discuss your circumstances and what support is available/applicable in your area. At your appeal you will usually get to know the outcome on the day if you attend but it is not decided until that day. You can usually take a representative with you to the appeal/tribunal.

Hope this helps

Donna

[veronicahoward]

Hi, Try to google a 'Pro Bono Lawyer' for some freebie advice

Good luck. Today it is a very harsh world as this site exemplifies

[henrythewasp]

I have no forms to fill in,its all been done and its all moved on from what everyone is talking about....Its at the Tribunal hearing stage,no forms etc as all been done a long time ago that's why its where it is now because i have already appealed.The letter says i don't have to attend an appointment with her or contact her but she is there if i need her and i might need to as part of my deal to carry on receiving ESA so it seems like they have already decided and its going to go in my favour if not then why send this letter out?