esa tribunal.

[minnimes]

i had my tribunal yesterday, i will admit i was unprepaired. i had no idea what i was doing and was expecting them to write to me to ask for information before. i had just 2 weeks from the letter til the tribunal. i took my carer and my grandmother with me. it took 45 mins and i ended up crying. i have had my condition since i was 11 years old and have been told i will not improve. i ended up crying like a moron when the dr asked me why i had children when i have a disabiltiy, i said because i always wanted children and i didnt feel that my right to be a parent should be taken from me because of something i cant control. he said he agreed. they asked me everything in the worl, the esa medical was a complete lie! the woman had stated i could self propel a wheelchair for 800 meters, not true, she asked me if i have a wheel chair (i use crutches most of the time) i said yes she asked if it was manual which i said yes, i do not however push my self, i have a carer, but she did not ask and just made it up. she'd put i bent down and touched my toes in the medical, again not true, i couldnt do it even if i wanted to, but she didnt even ask me to. my carer explained about my medication (i take morphine) then my grandma said a little about how it has dominated my whole life. they said that was all and they would write to me, im now terrified ive lost, ive searched a little and from what i can see all but one person who was told they would write to them lost. is that how it works? i spend up to 4 days a week stuck in bed and am in agony 24/7, theres no way i can work.

[honeybee13]

Hello there.

 

Well done for going through with it, I know how tough it is going to your hearing.

 

From what you say, it would be very unfair if you don't get benefit. I can't make the wait any easier for you and don't really know why some people hear on the day whilst others get a letter later.

 

Whatever happens, please come back and tell us and we'll try to help.

 

HB x

[minnimes]

thank you, i felt sick going in, i answered everything they asked me and i know that i cant work but im still so worried. the clerk said that we would be asked to wait outside and then go back in but they just told us to go. i will take it further though as i have no other option. x

[minnimes]

i have lost, i knew it, i have no idea what to do now, i physically can not work, i spend up to 4 days a week confined to bed which i told them, i take morphine daily. who will employ me? they didnt even put me on the work thing so i could get help. just told to claim jsa but told by jsa i cant because i cant work. so its catch 22. how does it work for the next stage of appeal? i was not fully informed of what was expected from me at the tribunal and i was only asked to send in further info 2 weeks before the tribunal, my gp was away on leave and i couldnt get any thing from him, i have a carer every day and i have just had a ground floor bathroom and bedroom built in my house. its crazy. i dont know what im going to do, im going out of my mind. ive started having panic attacts now. i was incap for 11 years and had a medical every year with no issues, its a condition ive had since childhood and i had a letter from my last consultant appointment saying i wont get better and he doesnt need to see me again as he cant help.

[RaeUK]

You can only appeal a Tribunal result on a point of law. As I understand it, not the easiest thing in the world. However, if you're not able to work and that is supported by your GP, then you can reapply for ESA and go around the roundabout again. Provided that either a) it is six months or more since you were originally turned down for ESA or b) your condition has worsened. Your GP will, obviously, have to supply (un)fit notes again etc. If you are unable to either work or fulfill a JSA contract then ESA is the only option available. To try and claim JSA when you are unable to do so may be injurious to your health. Only you and your GP can determine this...

[Nystagmite]

Really sorry to hear that.

[rds60h]

i had my tribunal yesterday, i will admit i was unprepaired. i had no idea what i was doing and was expecting them to write to me to ask for information before. i had just 2 weeks from the letter til the tribunal. i took my carer and my grandmother with me. it took 45 mins and i ended up crying. i have had my condition since i was 11 years old and have been told i will not improve. i ended up crying like a moron when the dr asked me why i had children when i have a disabiltiy, i said because i always wanted children and i didnt feel that my right to be a parent should be taken from me because of something i cant control. he said he agreed. they asked me everything in the worl, the esa medical was a complete lie! the woman had stated i could self propel a wheelchair for 800 meters, not true, she asked me if i have a wheel chair (i use crutches most of the time) i said yes she asked if it was manual which i said yes, i do not however push my self, i have a carer, but she did not ask and just made it up. she'd put i bent down and touched my toes in the medical, again not true, i couldnt do it even if i wanted to, but she didnt even ask me to. my carer explained about my medication (i take morphine) then my grandma said a little about how it has dominated my whole life. they said that was all and they would write to me, im now terrified ive lost, ive searched a little and from what i can see all but one person who was told they would write to them lost. is that how it works? i spend up to 4 days a week stuck in bed and am in agony 24/7, theres no way i can work.

 

From what you say about your symptoms would I be right in saying that you receive DLA ?

If not you really need to claim.

As for failing the ESA Tribunal, you should now put in a new claim for ESA. Unfortunately you will not receive any back payments on what has passed but it will count from the day you file the new claim.

You can Appeal to the Upper Tier Tribunal within 1 month of failing the First Tier Tribunal (If you do this make sure you get all your evidence and proof together before you go and make sure you have an Advocate). If you are not happy with the findings of the Upper Tier Tribunal then your final option is to take your case to the Court Of Appeal.

For any more info try the Disability Law Service (dls.org.uk).

[Nystagmite]

You can only appeal to upper tier on the basis of the law not being applied properly.