If I fail my ESA tribunal what happens?

[Carvel]

I have a tribunal in a weeks time. What happens if I fail it?

[Crocdoc]

Lodge an appeal, however do it through CAB or your local Welfare Rights. Your money will be reinstated at the basic rate approx (£71.00) until the appeal is heard and a decision made.

[Carvel]

Hi Crocdoc

 

Can I appeal against a Tribunal decision if they decide to cancel my ESA?

[Nystagmite]

Only on points of law.

 

You just put in a new application, send in (un)fit notes and then it all starts again. There's at least one person here who has to keep doing this.

[Crocdoc]

NO, if your appeal fails they will tranfer you to Jobseekers Allowance.

[estellyn]

NO, if your appeal fails they will tranfer you to Jobseekers Allowance.

 

No if its more than 6 months from the initial WCA decision then ESA can be reapplied for as long as fit notes are provided.

[Nystagmite]

No they don't. They will just close your claim. They can not put a claim in JSA for you. Many who are refused ESA are also refused JSA.

[Carvel]

Hi Nystagmite

 

Points of law?

 

So if I fail it what happens next. I am just trying to find out were I am going to be if I fail. do I apply again. I dont know the process.

[Carvel]

Thanks.

 

so if I fail next week are two saying I am in trouble?

[Carvel]

Sorry I missed estinlyns post

 

My initial WCA was a year ago so how do I approach

[Nystagmite]

Points of law = you can't appeal because you don't like the decision. I believe you can appeal if the tribunal hasn't considered the evidence that they were given.

[Carvel]

Ok. On the assumption I fail next week. What happens to my ESA. Is my money stopped? What could I do if this happens to me.

[estellyn]

Sorry I missed estinlyns post

 

My initial WCA was a year ago so how do I approach

 

If you fail you do two things. Firstly make a new claim for ESA - but you may need to wait for the old one to be closed down, make sure you send a fit note from your GP. Secondly write to the Tribunals service and ask for a statement of reasons for their decision - this is the only way you can see if they properly considered all evidence. If you think from the statement of reasons that they did not consider all of your evidence properly, then seek specialist help (CAB, welfare rights) in order to take the matter to upper tribunal.

[Carvel]

Ok thank you estellyn. I am just looking at it from all angles.

 

So if I fail and the Esa is closed down. I reapply, is there a disruption to my monies, e g current assessment ESA and housing benefits. Bit stressed

[Carvel]

Or anyone to my post above please. thanks

[Nystagmite]

You can claim housing benefit without an ESA claim.

[estellyn]

Ok thank you estellyn. I am just looking at it from all angles.

 

So if I fail and the Esa is closed down. I reapply, is there a disruption to my monies, e g current assessment ESA and housing benefits. Bit stressed

 

There may be a small wait for the new claim to be processed. As long as you keep the housing benefit dept up to date with what is happening, and provide any details they ask for, there should be no issue with HB.

[Carvel]

But what happens to my ESA money Nystagmite if I fail?

 

I reclaim... How could I make it so that monies are paid as normal should I fail? I am going to be without money?

[Carvel]

What is a small wait Estellyn? My food cupboards are running low and next week they could end my esa. Worried sorry

[estellyn]

Hopefully someone will correct me if I'm wrong about this, but this is what happens. If you fail the appeal, it can take a while to close down your claim - sometimes 2-4 weeks. While your current claim is open they won't be able to take a new claim over the telephone. Once it is shut down, you make the new claim and it is processed. Not sure what the turnaround times are on simple new claims - could be 2 weeks, could be 4 weeks. In the interim you can try to claim a crisis loan if things get scary. Remember ESA is paid in arrears, so depending on your payment day, you're likely to receive at least one payment after the appeal, maybe two, depending how quick they are in processing the appeal.

[Carvel]

Arrears Estellyn for esa? So maybe I could be ok? I only thought Housing Benefit was in arrears.

[estellyn]

Arrears Estellyn for esa? So maybe I could be ok? I only thought Housing Benefit was in arrears.

 

Both are paid in arrears.

[Carvel]

so I dont need to worry if I fail the tribunal so much as I was thinking and to re claim ESA?

[RaeUK]

Assuming you fail your Tribunal - and remember you may well succeed! - then, as it's over 6 months since notification of your failed WCA, you can reclaim ESA (likewise if your condition has deteriorated).

It can take quite a while before the Tribunal officially notifies the DWP that you have failed. So, this is what I do:

My ESA benefit is paid every other Thursday. The payment is generated the Monday before. So, every other Monday I used to phone up my BDC to ask if they had been notified that I had failed. (The Tribunal panel told me on the day that I had). If it's a no, then I know my payment will go through without a hitch. When I finally had a yes, then that was when I submitted my new ESA claim.

[Carvel]

Thats great advice, thank you very much indeed I follow what you do Estellyn and Rae if its a neg outcome at Tribunal.

 

So does the ESA process just begin all over again, another ESA50 and another ATOS assessment?

 

What happens to back payments from my current ESA claim when/if it gets closed if I am successful with the new claim in the future?