ESA Appeal date after new-style ESA payments have already stopped

As a result of a severely herniated lower back disc (referred pain first experienced in May 2022), I was signed off work by my GP (after having already seen a clinical associate and two physiotherapists) and referred for an initial consultation with a NHS consultant orthopaedic spine surgeon.

My claim for new-style ESA was accepted from 9 May 2023 and stopped on 12 November 2023 following a telephone Work Capability Assessment which scored me zero points.

I was informed by the DWP that should I wish to appeal the decision, a Mandatory Reconsideration would not be necessary and that I could go straight to appeal which I subsequently applied for.

New-style ESA was re-instated on 14 November 2023 and ended on 14 May 2024 as it can only be paid for 12 months. I am not currently in receipt of any other benefits and I’m covering my day-to-day living expenses solely from personal savings. It should be noted that the ESA I received covered less than half of my very modest living expenses.

During the period in which I was receiving ESA, my consultant orthopaedic spine surgeon diagnosed me from a 5-month old MRI scan as having a “chronic condition” and I was admitted as a day patient for a root nerve block injection in my spine in December 2023. I had a further MRI scan earlier this year and remain under the care of the both the spinal clinic and physiotherapy department at my local NHS hospital.

My late brother was a victim of the Infected Blood Scandal which received mass news coverage recently and remains incredibly hard for me to deal with emotionally. Along with the associated stress and depression caused by my poor physical health, as well as having to deal with the DWP; my mental health deteriorated to the point that I sought help from a Mental Health Practitioner with whom I have met twice so far.

The prospect of a video appearance in front of an appeal tribunal scheduled for 15 July 2024 is not helping my anxiety and so my question is… if I decide to withdraw my appeal at this stage, will I be forced to repay any of the new-style ESA benefit that I received during the 12 months, as described above?

If not, I see little reason to continue with the appeal, as I will not gain financially moving forward and it would help ease my anxiety.

I’ve not been able to find an answer to this question anywhere else online and so any advice or guidance would be greatly appreciated. Many thanks.