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New ESA50 just 5 months after winning tribunal!?

  • Emma
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12 years 6 months ago #69098 by Emma
I am a little shocked to find I have to complete a new ESA50 so soon after winning my tribunal. I went from 0 to 18 points! I won my case after the help of the CAB along with your guides, and sadly my health has not improved at all. Does this mean that I start right back at the beginning again and could be subject to the entirely stressful process AGAIN? :( Being such a new process I'm wondering if anyone else has already had to walk this path and can offer some advice?

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12 years 6 months ago #69108 by Gordon
Emma wrote:

I am a little shocked to find I have to complete a new ESA50 so soon after winning my tribunal. I went from 0 to 18 points! I won my case after the help of the CAB along with your guides, and sadly my health has not improved at all. Does this mean that I start right back at the beginning again and could be subject to the entirely stressful process AGAIN? :( Being such a new process I'm wondering if anyone else has already had to walk this path and can offer some advice?

Unfortunately, this scenario is quite common.

You need to understand that the Tribunal did not make a new Decision, but re-made the one that found you scored 0 points. So, in reality it is not 5 months, but rather 5 months plus however long you waited for a hearing.

As you have now qualified for ESA, the burden of proof switches from you to the DWP, however, you should still make very effort to provide up to date evidence, where possible.

Did you ask for a Statement of Reasons from your Tribunal, this will explain why they gave you 18 points and what for, you may be able to use this as evidence for this assessment.

The ESA criteria were updated at the end of March, so you should (re)read the ESA guides in the Members Only area.

If possible, seek face to face advice from your local CAB or Welfare Rights office.

Gordon

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

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  • Emma
  • Topic Author
12 years 6 months ago #69118 by Emma
Thanks Gordon. I have made an appointment with my CAB and they are going to help me complete the form. All I received from the Tribunal was the Decision Notice which details the descriptors where I was awarded points. Is this what you are referring to?

I've had a look at the updated ESA guide which will help and I see that they have changed quite alot, particularly the Execution of tasks category. This is a real important one for me suffering from Chronic Fatigue Syndrome!

I didn't mention earlier but almost within weeks of my tribunal I was invited to my local job centre for my Pathways to Work interview. Fortunately the advisor had a broad knowledge of my condition and couldn't understand why I had been 'summoned' so early post tribunal! Nevertheless the unnecessary stress created with this whole process seems so unfair when you are genuinely sick and have worked your whole life! He mentioned the system was changing yet again and so he didn't know what form they would now take. Has there been any further developments or news with how these will now take place for the future?

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12 years 6 months ago #69122 by Gordon
Emma

The SoR is only provided on request, but as it is now 5 months since your appeal, I think it is too late to request it. However, the Decision Notice can still be used, assuming that the criteria you scored points for are still relevant.

When you had your WFI, the DWP were running Pathways to Work, this has now stopped and has been replaced with the Work Programme. There is some information here

Gordon

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

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12 years 6 months ago #69470 by gdalley
The Tribunals service told me they destroy papers after 6 months - so you may just have time to ask and recieve the reasons if your hearing was 5 months ago.

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