esa tribunal

esa tribunal

Attended a tribunal on Thursday to get into the support group after being put into wrag without a medical. Was diagnosed with fibro 12 years ago and also widespread osteoarthritis,depression and anxiety. Had a representitive and my husband with me. The judge immediately spoke to the rep saying that there problems with the previous decisions made regarding section 2. Very difficult to understand what was going on although the judge seemed very sympathetic of my condition and seemed to be blamimg the system for the current situation with everyone ending up at appeal. I was not asked any questions and neither did the rep have chance to present our case before we were asked if we wanted to discuss the situation privately which we left the room to do. The rep was then explaining to us when the clerk informed us they were going to adjourn, and wanted to talk to our rep. He then came back and said they hadn't adjourned but had decided I was to be put back on incapcity benefit because of the decision makers not stating which scedule 2 descriptors applied. I had a letter on Saturday with the decision stating appeal allowed,decision of respondant set aside, that I am to reamin on ICB until assessed correctly under regulations to be converted to esa. I had been placed in the WRAG without a medical with the decision that my condition was unlikely to improve for at least two years based on the forms and evidence provided. It says on the decision letter that neither the health care profeesional or decision maker made any attempt to state which of the schedule 2 descriptors applied. I have been in the wrag since december but the rep says that this means I am now back on ICB and will have to start all over again whn they send new forms out,no doubt with a medical this time but that my time spent in wrag already will now be dismissed as I am back on ICB. I am wondering whether to appeal this decision by the tribunal as we did not have chance to put our case over and I also think that the DWP could appeal the decision, is this correct. What would you advise?

We cannot give advice on individual claims as is explained in our FAQ's.

As you appear to have had a Representative, it would be best to discuss the way forward with them 'face to face', as they have access to your case files.

Yes I will be, but I filled all the forms in myself using this site and just got someone last minute to attend the tribunal so would value your opinion and wondered if you kknew of this happening to anyone else.

We can only offer general information about how the system works. We cannot however offer advice to individuals about specific benefits questions/problems under any circumstances. To give accurate and reliable advice about a specific benefits problem, we'd need to know a great deal about your own personal circumstances which is not possible in an open forum. To attempt to give advice without all this information and without access to your case papers, together with further in depth discussion on a one-to-one basis, would seriously risk misinforming you.