ESA Tribunal

I had my WCA in November 2012 and found out in January 2013 that I had failed. I appealed against this decision and, after a long wait, my Tribunal date is next Wednesday. I wasn`t awarded any points (due to this very unfair new system) although I`ve always been awarded the required points in the past. I`ve had M.E. for many years and there has been no improvement in my condition since my last Assessment, which I have pointed out in the Appeal letter that I sent. I`m obviously very worried about what will happen next week, it`s a worry to us all. Has anyone here with M.E. won their Appeal without being awarded any points initially please?

Ann wrote: I had my WCA in November 2012 and found out in January 2013 that I had failed. I appealed against this decision and, after a long wait, my Tribunal date is next Wednesday. I wasn`t awarded any points (due to this very unfair new system) although I`ve always been awarded the required points in the past. I`ve had M.E. for many years and there has been no improvement in my condition since my last Assessment, which I have pointed out in the Appeal letter that I sent. I`m obviously very worried about what will happen next week, it`s a worry to us all. Has anyone here with M.E. won their Appeal without being awarded any points initially please?

Hi A,

Welcome to Benefits and Work

Other members are most welcome to respond to your query.

You should take into account that disregarding the medical condition itself, it is the resulting limitations that may or may not qualify you for The WRAG or SG of ESA.

See :

Qualifying for the WRAG

&

Qualifying for the Support Group

If the "last Assessment" that you mention was for entitlement to Incapacity Benefit (IB) Income Support (IS) due to incapacity for work or SDA, you should be aware that the ESA WCA qualifying criteria are very different and much stricter.

Try not to worry to much, Tribunal tend to be informal affairs, have a look at this :

MOJ Video of ESA Appeals Process and Tribunal

See also :

DRUK Factsheet - Appeals Hearings and How to Prepare for them.

&

www.actionforme.org.uk/get-informed/publications/

Good luck, and please return to update us.

bro58

Thank you. It`s not so much the Tribunal which is worrying me but the possible outcome. I will let you know the result. Thanks also for the links, I will have a look at them.

Hiya,

CFS plays a part of my health problems too.

However rather than just letting my GP say I have CFS, I insisited he sent me to a specialist consultant to confirm that part of my health problems.
I knew this would be a useful tool to do battle with ATOS/DWP.
This was I believe an essential aspect so that I had a suitably confirmed diagnosis in writing to add to my paperwork that I sent along with my ESA.
I do think one should get any consultant reports that confirm a health problem rather than just relying on what your GP says maybe wrong with you.

For one thing it makes your GP take your illness more seriously once a consultant has confirmed diagnosis and further it really does help to aid you re ATOS/DWP/ESA50's.

Goodluck

Thank you for your reply. Unfortunately it`s too late for that now. Maybe in future I might speak to my GP about seeing a consultant. It`s worth bearing in mind.

Hi A,

Here is a list of posts that came up when I put ME CFS into the site search engine :

www.benefitsandwork.co.uk/forum?view=sea...ldforums=1&catids=10

You can have a rummage through them if you wish.

Just to let you know, that we have had several members who have successfully gone from zero points to an award of WRAG or SG at a Tribunal hearing.

I cannot recall what their medical conditions where.

bro58