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I won my ESA Tribunal!!

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8 years 3 weeks ago #152284 by Kazzy
Replied by Kazzy on topic I won my ESA Tribunal!!
nb Gordon..I am being VERY VERY cautious about any work, I promise you that. My GP is mega (on Mat Leave at mo,hope she is back soon) It was virtually the first thing she said. She is on the ball.
Today is a wonderful day for me as my Mum has a Birthday.29 Feb! She is 20 (aka 80!!). Sorry reason I say this is that she has about 20 friends' coming around. I am an only child and so fortunate I have the most amazing parents. However I am too unwell even to travel the 2 miles there. I would highlight something like this at Tribunal on 23/March. (PIP). So annoyed they stopped it. I am very split as to which group would be best for me. I had a great career (I battled on) and know work is good for us. was scared if placed in Support Group I may not be allowed to work again.(aware that is not the case but strictly follow guidelines.)
So between now and thn this is what I will do
1. keep a daily diary of sleep, eating etc. That is vital
2, take all my GP consultation notes with me as I did for my ESA that was a trump card
3. I will not undertake any VR (I couldn't at the moment)
4. Keep all my sick notes
5. I will not be getting out and about. I live alone with a large mortgage and it is tough but I have learnt a lot about myself during the last 27 months' of battles. I will not give in
I would encourage any claimants that have to attend ESA Tribunal to do so. It's a tough call. I nearly didn't make mine but in the end I am so glad I did. When they used the words that my situation was credible (ie they could see how unwell I felt) that made one huge difference. Credible is a good word to come from the judge and matched up with all the bundles they had.
We all need to support each other on here.
My personal and humble issue....try to avoid watching scary TV Benefit programmes, I find it knocks me back. It's hard when unwell BUT TRY TO KEEP A DAILY Diary. What worked for me was to just use my voice recognition device on my mobile and save it all. It is invaluable evidence and easier than having to write one! Just one little tip that works for me. I can then even email them.Sorry for waffle. Good luck to each and every member on this site. I promote all I can. Also just writing to other members is rewarding too. Idiotic Dogmatic Sycophant, sorry I mean Iain Duncan Smith! Try to keep some humour! Thank you, you selfless people.!!

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8 years 3 weeks ago #152291 by Kazzy
Replied by Kazzy on topic I won my ESA Tribunal!!
Gordon, my PIP was removed, I did the MR, now I have my appeal dates.

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8 years 3 weeks ago #152296 by Gordon
Replied by Gordon on topic I won my ESA Tribunal!!
Kazzy

I use an electronic programme guide for my TV that allows you to highlight programmes that you want to watch, it also allows you to hide those that you don't! All of these dreadful and exploitative benefit programmes that Channel 5 in particular broadcast, although most of the others are guilty on occasion, are permanently hidden so I I'm completely unware of them unless I have the misfortune to accidentally tune to a channel at the wrong time.

Gordon

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

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7 years 10 months ago #159044 by Kazzy
Dear all
I took my PIP and ESA to tribunal and won both!

I have been awarded PIP for 3 years which I was amazed at as they removed it prior to Tribunal

My question...my Conribution based ESA is due to expire 3/9/2016.

I'm still unfit to work. Will I have to go through the WCA interview again (are those people real??)
I believe from means testing I have a case as my savings are below the criteria. Should I start preparing things now ahead of time, or do I need to complete a form (is ESA 23?)
To every person on here to me the only way to win is Tribunal
Final questions...I ascertain that proposals have been put forward that the respondent will have to pay for appeal and tribunal. How on earth can they do that. ???
Thanks to this site there is a font of excellent advice. I would urge anyone who is struggling to pay the £20 annual fee. Worth every penny
Thanks for your support!

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7 years 10 months ago #159073 by Gordon
Replied by Gordon on topic I won my ESA Tribunal!!
Kazzy

Congratulations on the awards.

I'm afraid all ESA claimants will be re-assessed on a regular basis even if their condition will not improve.

Are you in the WRAG? Assuming this is the case and your ESA(CB) payments will end on 3/9/16, if you think that you would be entitled to an ESA(IR) top up to your ESA(CB) now, then you can request the DWP look at your financial information immediately by requesting an ESA3.

If you don't think you qualify now but would when your ESA(CB) expires then I would request the ESA3 in mid to late July.

The suggestion that claimants should pay for appeals was put forward in a briefing document some time ago, it was rejected by the Government.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kazzy

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7 years 10 months ago #159332 by Kazzy
Replied by Kazzy on topic I won my ESA Tribunal!!
Thanks to all replies. I've had a broadband issue so only just picked it ! Thank you

I will get I'm touch with my excellent CAB friends and I will get the ESA3 form

I cannot see how I could fail ESA IR

1. Source of income is standard rate day to day mobility PIP ( ends in 2019)
2, I live alone
3. Mortgage
4 no way do I have in excess £6000 in savings.

I'll crack on now and report back

Thanks guys.
Currently the only way appears to be face to face. They used the word 'credible' in both interviews. That's a good work!
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