Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default If I fail my ESA tribunal what happens?

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


  2. #2
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    Default Re: If I fail my ESA tribunal what happens?

    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.


  3. #3
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    Default Re: If I fail my ESA tribunal what happens?

    Hi Crocdoc

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


  4. #4
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    Default Re: If I fail my ESA tribunal what happens?

    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.


  5. #5
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    Default Re: If I fail my ESA tribunal what happens?

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


  6. #6
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    Default Re: If I fail my ESA tribunal what happens?

    Quote Originally Posted by Crocdoc View Post
    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.


  7. #7
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    Default Re: If I fail my ESA tribunal what happens?

    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.


  8. #8
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    Default Re: If I fail my ESA tribunal what happens?

    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.


  9. #9
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    Default Re: If I fail my ESA tribunal what happens?

    Thanks.

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


  10. #10
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    Default Re: If I fail my ESA tribunal what happens?

    Sorry I missed estinlyns post

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


  11. #11
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    Default Re: If I fail my ESA tribunal what happens?

    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.


  12. #12
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    Default Re: If I fail my ESA tribunal what happens?

    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.


  13. #13
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    Default Re: If I fail my ESA tribunal what happens?

    Quote Originally Posted by Carvel View Post
    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.


  14. #14
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    Default Re: If I fail my ESA tribunal what happens?

    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


  15. #15
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    Default Re: If I fail my ESA tribunal what happens?

    Or anyone to my post above please. thanks


  16. #16
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    Default Re: If I fail my ESA tribunal what happens?

    You can claim housing benefit without an ESA claim.


  17. #17
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    Default Re: If I fail my ESA tribunal what happens?

    Quote Originally Posted by Carvel View Post
    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.


  18. #18
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    Default Re: If I fail my ESA tribunal what happens?

    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?


  19. #19
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    Default Re: If I fail my ESA tribunal what happens?

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


  20. #20
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    Default Re: If I fail my ESA tribunal what happens?

    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.



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