Advice on esa appeal

[Ali71]

Hi

I started claiming esa sept 12.had atos cross examination April 13 failed with 0 points,I appealed this and kept sending fit notes.i ended my claim in oct and returned to work.i was told when I ended my claim that the appeal would be stopped.i have just recieved a letter saying my appeal date is 23rd dec.can I still appeal if I'm not currently claiming esa.

Thanks

[Ali71]

Just to clarify can I attend the tribunal even tho I'm not claiming esa.

[honeybee13]

Hello and welcome to CAG.

 

As you're appealing against a DWP decision and not Atos itself, I'm moving your thread to the main benefits forum. I'll leave a short term redirect from this forum for you to follow.

 

My best, HB

[honeybee13]

Me again.

 

I stand to be corrected, but I would have thought you could attend the tribunal regardless of what you're claiming now, because you're talking about what you thought you were entitled to at the time.

 

Here's a link to the forum stikky on appeals and tribunals which might help you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

HB

[Ali71]

Thanks HB,confused as when I rang the job centre to stop my esa payments,she told me esa payment & appeal would be stopped,but what do they know!!

[**Margaret**]

:Ali71:

 

In this instance, the contact centre didn't realise that Jobcentreplus can't cancel an appeal. (Technically known as strike out) cancellation of an appeal is under the jurisdiction of the first tier tribunal.

 

Yes, your tribunal hearing will go ahead as scheduled. As :honeybee13: says, it's about your capability for work last April, regardless of whether you're still in receipt of benefit now. However, you'll need to be very clear about your limitations before whatever treatment you've had, cos the difference between then and now is an obvious question. Unless you've found a way to return to work (reasonable adjustments, shorter hours) without an improvement in your condition.

 

If your appeal's upheld, you'll be due arrears from the date of disallowance to when you returned to work.

 

Best wishes, Margaret.

Edited November 17, 2013 by **Margaret**