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No win ESA tribunal

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1 year 1 month ago #283934 by SueMarc
No win ESA tribunal was created by SueMarc
In January this year I had an assessment for ESA. Despite not being able to walk and my leg totally bandaged, wearing flip flops in the snow and ice. I should say I suffer from acute Lymphoedema, Hypothyroidism and severe depression, and my two conditions really don’t help my mental health. I failed the assessment, although I didn’t actually find out about it until they stopped the benefit in April and I phoned them. Apparently it should have stopped at the beginning of February I received no notification at all. Apparently I scored 0 points in the assessment…. How I have no idea.
I was advised to do a mandatory reconsideration, I went to a Tribunal in August. I thought I had won, so did my daughter, the doctor and judge agreed I couldn’t go back to work, I retire next March. I worked for Tesco for 17 years, and in June this year they dismissed me on the basis of capability.
On Friday I received two letters from the DWP one requesting another sick note, but that was wrong because I’m covered till October, the other saying that my benefit had been stopped. I got straight on the phone, as it’s my only source of income and my husband is on a pension.
The man I spoke to said I had to find work now, I said I can’t walk, and at 65 no one will employ me and I won’t clean toilets however desperate. His reply was well ‘you’ve got arms’ I was furious. I said I should have been put in the support group as I received the magic 15 points in the tribunal. He said he had to speak to someone and he would phone me back. He did only to say that as I didn’t score the whole 15 points on mobility.. I scored 9 the other 6 were for my depression. I had previously looked at the DWP’s site and it states clearly you score 15 points you’re put in the support group. He wouldn’t take any notice and said it was just a guideline, I said if it was it should have stated that. He put the phone down. I’ve looked at other disability sites since and they all say doesn’t matter how you get 15 points, as long as you hit the 15 you’re put in the support group.
Why would they think I went all through the anxiety of a tribunal, for a month of benefit.
I don’t know what to do I need an income, my husband’s pension won’t go far, I feel like I’m having a nervous breakdown…. Can’t stop crying. I’ve worked all my life never claimed for anything… and the one time I need help it’s not there. Does anyone have any advice please?

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1 year 1 month ago #283942 by Gary
Replied by Gary on topic No win ESA tribunal
Hi SueMarc

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

You should have been either given a decision letter or sent a decision letter which will tell you whether or not your won your appeal.

Remember there are two tests to be placed in the LCWRA group, the first test you have to get 15 points or more, that places you in the LCW group, the second test you have to fit in one of the descriptors, from your description I would say that you are looking at descriptor 1 but it would depend on what the tribunal awarded you.

As your Tribunal was in August you are out of time to request a written statement of reason from the Tribunal service.

You need to seek advice from your local Welfare Rights Organisation; advicelocal.uk

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 1 month ago #283948 by Gordon
Replied by Gordon on topic No win ESA tribunal
S

Just to add to GAry's advice.

ESA tests your Mobility, in addition to your walking your ability to self-propel a wheelchair over the same distances will be considered, you do not need to be using a wheelchair or even own one for the usage to be considered.

Gordon

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