ESA Tribunal

Hi everyone.

I have my ESA tribunal on 25th of this month.
In my original request for the mandatory reconsideration I wrote a long document explaining why I thought the decision was wrong. Obviously this did no good whatsoever.
My question is should I re-write this letter with the new things I've learned from this fabulous site along with my medical evidence? Or should I just send the medical evidence?
Is there still time to send new submissions or will they read them if I hand them in on the day?

Any advice would be appreciated!!

So after the worst grilling I have ever experienced, the tribunal have awarded me 12 points, 3 short of what I needed.

The problem is they obviously take into account how I was at the time (November 2015) however I am significantly worse now.
I know there is no appeal to a tribunal (other than a fault in law) so what's my options now?

I assume I'll have to go back to JSA? My Dr has just issued me with a 6 month sick-note, is that taken into account by JSA?
I really don't know what sort of jobs I'll apply for as all I've ever done is drive buses and I can't do that now as the DVLA have withdrawn my PCV license!

I'm terrified of having to return to the Job Centre and be made to do silly job-search courses. I'm almost 50 years old and never been unemployed in my life until now. My nerves are now shot and my depression and low self-esteem have just taken yet another hit.

Any advice on what to do next would be appreciated, including can I re-apply for ESA?

Many thanks,

Alan

Hi GB, I am so sorry that the tribunal went against you They are not allowed to take into account any worsening of your condition since the original decision was made.

As you say, this is the end of the line with regard to this claim unless you can find an error in law. Your first step would be to request a Statement of Reasons from the Tribunal service, there is no harm in doing this.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

You may be able to reapply as long as you now meet the NI contribution or income-related criteria.

I have merged today's query with you previous topic about your ESA. It helps us enormously if everything relating to the same topic is kept in one place. You will find it easily in future if you bookmark/favourite it on your web browser now

Thank you Mrs Hurtyback, not just for the reply but also for merging my thread!

So if I now have to go back onto Jobseekers, can the jobcentre make me apply for jobs etc even though I have a 6 month sick note?
I don't mind the applying but if I'm actually offered a job, I would have to turn it down at the moment as I am hardly able to leave the house!

Geordiebloke wrote: Thank you Mrs Hurtyback, not just for the reply but also for merging my thread!

So if I now have to go back onto Jobseekers, can the jobcentre make me apply for jobs etc even though I have a 6 month sick note?
I don't mind the applying but if I'm actually offered a job, I would have to turn it down at the moment as I am hardly able to leave the house!

Hi Gb,

Now that you have been found fit for work at The Tribunal, besides the options of appealing to The UTT, you can sign on for JSA, but if you try and present a fit note at the same time they will not accept your claim.

Whilst claiming JSA, you will have to comply with a Jobseekers Agreement in actively seeking work under threat of sanction if you don't comply.

Any limitations that you have should be taken into account when you agree an Action Plan with The JCP Adviser.

Once your JSA Claim is up and running, if you then fall to ill to comply with your Jobseeking responsibilities you can present a fit not and after two initial short periods of 2 weeks sick, you are allowed an extended period sickness up to 13 weeks in any 12 month period !

See : This Post

There is nothing to stop you making a fresh claim for ESA in the future, but as this would be classed as a repeat claim to a previous fit for work decision you would not receive any payment unles you could show that there had been a "significant worsening" or change in your conditions to the extent that The DM now felt that you had Limited Capability for Work. (LCW)

See the following : ESA and "significant worsening" CPAG.

ESA and abolition of the "six month rule" CPAG.

bro58