E.S.A. Tribunal - outcome

patmdoyle

With regard to prescription costs.

You can see whether are eligible to free prescriptions and some other bits by filling in an HC1 form. You should be able to get the form from your Doctors Surgery.

If you are not eligible, you can apply for a Prescription Prepayment Certificate for £104 a year which covers all costs for that period.

www.ppa.org.uk/ppa/ppcdd/patient.do

Gordon

M.E Sufferrer

The answer to whether you are eligible for payment is complicated and not definite. Here is our understanding, basically there are two aspects.

When the Lower Tribunal has made a decision in favour of the DWP, your right to receive ESA Assessment Rate ceases as of the date of the Tribunal decision.

Appealing to the Upper Tribunal is a slightly different process from the Lower one. Your appeal will be reviewed and only if it is considered valid will it be submitted to the Upper Tribunal. During this period you are NOT enitled to benefit.

If the appeal is accepted to be heard by the Upper Tribunal then the DWP Decision Maker can revise the decision to cease payments and can, if they wish, re-instate ESA Assessment Rate payments. I am afraid we do not know whether this would be back dated.

That's the good news, unfortunately we have several members who are also going through this process and the DWP have refused to re-consider payment. So I am afraid you must consider this as a possibility if you decide to pursue the appeal.

Update @15:09
If the Decision Maker decides that not to make further payments, it should be possible to appeal this decision.

Gordon